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Sales terms and conditions

Article 1 - Definitions

LE TEMPS DES CERISES : e-shop http://boutique-letempsdescerises.com, of which operations belong to S.AS (single-shareholder simplified joint stock company) INDIGO GALLERY, with a capital of 7,603,685.00 EURO, registered with the Marseille Trade Regiser under number B 501 505 002.

THE CLIENT : any adult having full legal capacity, acting as a client for the purposes of acquiring products from the e-shop catalog LE TEMPS DES CERISES. The client should in no case be a professional buyer, and no act of purchasing should be executed for professional or commercial purposes.

WEBSITE : interactive electronic service subject to French law, operated by LE TEMPS DES CERISES website accessible at the URL  : http://boutique-letempsdescerises.com

PRODUCT : any item selected by LE TEMPS DES CERISES to prepare the Catalog available on the e-shop LE TEMPS DES CERISES, from men's and children's clothing  "LE TEMPS DES CERISES", and/or "LE TEMPS DES CERISES" spin-off products collections.       

CATALOG : collection of Products offered for sale on the Website LE TEMPS DES CERISES. Any Product visible on the Website and especially those photographed on a model, is not necessarily included in the Catalog. In order to check such absence, please click on the specific Product. Any reference to a Product description means the Product is indeed in the Catalog. Failing that, the Product shall be deemed non available for sale. The Product description sheet provides information on its type, name, composition, sizes and available colours, the instructions for use, care and maintenance and price. It comes with a photograph presenting the Product as closely as possible.

DELIVERY AREA  : Germany, Andorra, Austria, Belgium, Denmark, Spain, France, the United-Kingdom, Ireland, Italy, Luxembourg, Norway, Monaco, the Netherlands, Portugal, Switzerland, excluding the countries and territories with a special relationship with one of the aforementioned countries and that do not belong to the customs territory or EU fiscal area for VAT.

CLIENT  SERVICE : department of LE TEMPS DES CERISES, from which the Client may get additional information about Products or with which they may file a complaint form. The Client may contact the service from the contact page on the e-shop LE TEMPS DES CERISES, or by telephone: +336(0)4 86 06 36 11.

RETURNS : department of LE TEMPS DES CERISES, to which the Client must return any Product pursuant to articles 8 and 11. The Client may contact the service from the contact page on the e-shop LE TEMPS DES CERISES, or by telephone: +336(0)4 86 06 36 11.

Article 2 – Object

The terms and conditions presented herein apply exclusively to any direct sale completed individually by a client as part of the online sale of the Products offered for sale on the Website http://boutique-letempsdescerises.com, to the exclusion of all other conditions, especially those applied to the stores of the brand LE TEMPS DES CERISES. The e-shop LE TEMPS DES CERISES is attached to the company INDIGO GALLERY under the trading name LE TEMPS DES CERISES (RCS MARSEILLE : B 501 505 002). Client may at any time contact the e-shop LE TEMPS DES CERISES via email, from the Website contact page, or by telephone: +336(0)4 86 06 36 11.

2.1- The Client  understands to have acknowledged the present sales conditions at the time they purchased a Product and expressly accepted them in their totality, unequivocally. They also acknowledge having full legal capacity or permission of the person authorised to be committed under the present conditions.

2.2- These general Terms and Conditions may be subject to change at any time, without prior notice. Thus, the applicable provisions are those applying to the e-shop LE TEMPS DES CERISES at the time of the Client's order. Client should often consult these Terms and Conditions to keep up with potential modifications.

2.3- The e-shop LE TEMPS DES CERISES is dedicated to the client, legal person, who declares that the acquisition of these products is in no way linked to their professional activity, such purchase being reserved for their personal use only. As a natural person, the Client therefore benefits from specific rights which may be jeopardised should the products or services acquired have any connection with their professional activity.

Article 3 - Products Sale Offer

3.1 The offers relate to a selection of products offered for sale on the e-shop LE TEMPS DES CERISES. All the product presented on a silhouette or any other medium, are not necessarily for sale. A Product is hence regarded as available for sale when presented with a detailed description sheet. All of our sale offers for Products are only valid insofar Products are visible on the e-shop LE TEMPS DES CERISES, and available in stock.

3.2- LE TEMPS DES CERISES reserves the right to refuse or cancel the sale of any Product for a reasonable cause. Client will be informed via email after our Services take their order. Regarded as reasonable cause are the following : product is unavailable at the time of order preparation ;a random error on the Product description sheet ; unusual request from Client in the Product order ;  dispute with the Client regarding payment of a previous order or Product return process (request for exchange or refund) ; Client bad faith ; and any other situation, action or fraudulent attempt directly or indirectly targeting the e-shop LE TEMPS DES CERISES, and more broadly INDIGO GALLERY.

Article 4 - Client Account

The orders placed with the e-shop LE TEMPS DES CERISES, may only be secured on the express condition that a Client account has been created. The creation of the Client account may be completed at any time in the section « My account », visible at any time when browsing the e-shop LE TEMPS DES CERISES.

4.1- When registering, the Client must fill in their email address, it must be valid, and choose a password. The Client account is private, these elements are strictly confidential. We advise the client not to share them in any way, especially as user alone is responsible for their actions and the consequences of using their account until deactivation of the latter.

4.2- In order to confirm registration, Client must fill in some elements regarding their identity, their contact details, namely their billing and delivery address, required to process their order. The address of a hotel or holiday place, a Post Office box or General Delivery address, shall not be regarded as usual residence address.  Client must provide accurate and genuine information and must update them shall any change on their personal account occur. The update shall be effective from the next business day.

4.3- Client information and data are necessary for good order management and business relationship building and improvement with Clients. They may be shared with people building these relationships such as staff responsible for Customer Service, Returns, Order preparation and transport. The information and data are also stored for security purposes, in accordance with legal and regulatory requirements and to allow LE TEMPS DES CERISES providing enhanced and customised services and information to their Clients.

4.4- LE TEMPS DES CERISES reserves the right to deactivate a Client account, without prior notice or compensation, in case of Client non-compliance with herein Terms and Conditions, non-payment of sums due, fraudulent conduct or contrary to the interests of the e-shop LE TEMPS DES CERISES and more broadly the company INDIGO GALLERY.

4.5- In the event the Client should want to deactivate their account, they must give notice to LE TEMPS DES CERISES via email from the e-shop « Contact » page, which shall deactivate said account as soon as possible.

Article 5 - Ordering Product

Our Products offers are valid as long as they are displayed on the Website. As regards the purchase order, the consumer's "double click" form an electronic signature which is binding, between the Parties, to the same extent as a manual signature. Any discussion pertaining to the completed orders will be archived on the computer systems and are considered evidence of communication, orders and payments between Parties. The archived purchase orders and invoices may be produced as valid evidence in compliance with Article 1148 of French Civil Code.

5.1- The Client may place an order online from the Catalog.

5.2- Clicking on “Add to cart”, Client can add Products into cart. For each of the selected Products, the Client may choose the ordered size   colour. The Client should be free, at any time, to view the content of their cart and delete one or more item.

5.3- Clicking on “Confirm order”, Client approves cart content and should then select the country and delivery option. The country of delivery must be included in the offer Area. The delivery fees are payable by the Client and automatically add up to the order total.

5.4- Clicking once on "Confirm order“, Client confirms country and delivery option. The Client should then either control the accuracy of their Client account data, namely their delivery and billing details, or create their account if it hasn't already been done. 

5.5- Clicking a second time on “Confirm order”, Client confirms the accuracy their Client account data, namely their delivery and billing details. The Client should then proceed to payment. 

5.6- Clicking on “Confirm order”, Client acknowledges to have read the Terms and Conditions, accepts them without reservations and confirms payment. The Client may cancel the order until payment confirmation. As part of the payment confirmation, the Client should select between the different payment options offered on the e-shop LE TEMPS DES CERISES. 

5.7- Following payment confirmation, the order is secured. Any confirmed order implies acceptance of the price and Product description as presented on the catalog. The Client receives an instant email stating the order has indeed been confirmed. Confirmation does not imply acceptance. It means the order is being reviewed by the Customer Service as regards the order content and Client history, as part of the article 3.2. In the event the order couldn't be fulfilled for legitimate reason, the Customer Service would warn the Client via email. 

5.8- Contractual information is presented in French and English. They might however be adapted in other languages depending on the needs of the e-shop LE TEMPS DES CERISES and/or the company INDIGO GALLERY. In the event of any dispute, only French should prevail. Unless proved otherwise, the data collected by LE TEMPS DES CERISES form documented evidence of all the transactions between the e-shop LE TEMPS DES CERISES and the Client. Any dispute will only occur in the context of the guarantees.  

5.9- The history of the Client's transaction on LE TEMPS DES CERISES is available at any time when visiting Client personal account from the section “Order status”.

Article 6 - Products Price

6.1- The price for each Product is given in Euro all taxes included (Value Added Tax and other applicable taxes at the time of the order). The prices are indicated excluding shipping fees, the latter being given separately at the time of order confirmation.

6.2- LE TEMPS DES CERISES reserves the right to change the price of any Product at any time. The pricing conditions applicable are hence those applicable on the e-shop LE TEMPS DES CERISES at the time of Client order. The client will be informed of any sales operations via email if they previously subscribed to the e-shop LE TEMPS DES CERISES newsletter.

Article 7 - Products Delivery

7.1- Any Product bought on the website can only be delivered in the Delivery Area. Every Product are delivered at the delivery street address filled in by the Client at the time of the order. Outside of the Delivery Area, the Client may get delivered via our partner Bongo International (https: bongous.com).

7.2- The delivery time a indicated on the e-shop LE TEMPS DES CERISES is a usual average time and corresponds to the order preparation time, to which adds up the carrier transport time depending on the transport option selected by Client. This time has an illustrative value only and et implies the order to have been placed, monday to friday, before 1.00pm (Paris time) excluding bank holiday or day of rest. The starting point is the day following that of the order validation by LE TEMPS DES CERISES. 

7.3- When the order includes Products with different preparation time, the order delivery time is then based on the longest preparation time. In such case, LE TEMPS DES CERISES reserves the possibility to split the delivery, without causing further delivery fees for the Client. The additional fees shall be covered by LE TEMPS DES CERISES.

7.4- LE TEMPS DES CERISES may not be held responsible of potential delivery delays which are attributable to either the Client or the unforeseeable and insurmountable act of a third party to the Contract, or to an event of force majeure or fortuitous occurrence. If needed, Client should contact with the Customer Service of the e-shop LE TEMPS DES CERISES, from the “Contact” page.

7.5- In the event of a delivery in Metropolitan France, and in this event only, the delivery shall be free for any order of 149 € or more, except for promotional offers mentioned on the e-shop LE TEMPS DES CERISES.

Article 8 - Products Receipt / Right to Cancel

8.1- The Client shall take all reasonable steps to receive the product in the best possible conditions.

8.2- The Client has a time of two clear days, from the receipt of the Product, to give notice the Customer Service of their potential claims (damaged parcel, open parcel, missing product, damaged or soiled product, etc.). 

8.3- The Client has a time of thrity clear days, from the receipt of the product, to exercise their right to cancel. In case of cancellation, the delivery and return fees shall be covered by the Client and the price of the Product to be cancelled only shall be refundable.

8.4- The Client may exercise their right to cancel in the "Exchange / Return" section, where they may read the return conditions. They must file their request filling the form provided. After confirmation, for an order eligible for free return, Client should receive an email within two business days,  including a return label  to stick onto their parcel.  They should slip the return note (or may be downloaded directly on Website) already filled and signed, inside the return parcel.  In the event of a return request outside metropolitan France,  Client should return  the item(s) by their own means,  at the address as specified on page Exchange/Returns.

8.5- The price of any Product to be cancelled shall be refund to the Client only if said Product is being returned through the Return service within seven clear days, following right to cancel expiration date, in its initial condition (compliant and in good condition), complete (that is with its packaging, labelling, and accessories, when appropriate) together with the return note. The price of any returned Product outside the extended time limits, damaged, soiled or incomplete shall not be refunded and will be sent back to the Client or stored by LE TEMPS DES CERISES as a penalty, if needed, in the case the Client refuses shipment. Covid-19 protective masks cannot be returned for health and safety reasons.

8.6- Refund of any, returned, Product subject to cancellation as established above in articles 8.3 to 8.5, is processed within fourteen days after date of receipt by the Return service of the returned Product subject to refund, except in the event of force majeure or fortuitous occurrence.

8.7- Refund will be made, as chosen by Client, either by crediting their bank account, or issuing a credit note to be used for any future purchase on the e-shop LE TEMPS DES CERISES. The client should advise so in their email request.  

8.8- If the exercise of the right to cancel is driven by Client's wish to exchange one product for another for which they place an order on the Website, refund will be made exclusively through a note of credit. In case of an size exchange, LE TEMPS DES CERISES should cover the delivery fees pertaining to the product for which the right to cancel has been exercised.

8.9- No Collect on Delivery shall be accepted, regardless of the reason.

8.10- The period of validity for any credit note is  three monthsfrom the date of issue. Any Client is free to consult their list of credit note in the section "My account ". Each credit note is identified with a specific number. It is personal and non-transferable.

Article 9 - Payment of the Price and Security

9.1- When choosing the method of payment, the customer can choose to pay by credit card or by PayPal. In the case of payment by credit card, the customer is referred to a banking platform. The LE TEMPS DES CERISES online shop uses the PAYLINE secure payment system. This is an independent platform that allows payments to be managed in complete confidentiality and in accordance with the 3D SECURE security protocol for credit card payments. All confidential bank data is transmitted directly to the financial entity, using the SSL (Secure Socket Layer) encryption protocol, which encrypts the information in order to protect all sensitive data linked to the means of payment. No banking data is managed or archived in the computer systems of LE TEMPS DES CERISES online shop. In the case of a payment via Paypal, the customer is sent back to the Paypal platform to continue the payment.

9.2- Payment of the total price is executed at the time of order. The payment of any order is completed via credit card (Visa, EuroCard/MasterCard, E-carte bleue or any other credit cards authorised by the French Groupement des Cartes Bancaires).  Beforehand, Client must assure they are granted potentially needed authorisations to use their selected method of payment.

9.3- LE TEMPS DES CERISES reserves the right to suspend any order management or delivery in case of denied authorisation for credit card payment by the officially accredited bodies or in the event of non-payment. Especially, LE TEMPS DES CERISES may refuse to perform delivery or to fulfil an order placed by a Client who would have only paid part of a previous order or with whom a payment dispute would remain unsettled.

Article 10 - Liability

10.1- Every Product in compliance with applicable French laws and standards. LE TEMPS DES CERISES may not be held liable in case of non observance of the regulations applicable in the country of Product delivery. It is the responsibility of the Client to check, with competent local authorities of the country of delivery, the right to import or use the Product they consider ordering on line from the e-shop LE TEMPS DES CERISES.

10.2- Any Product photograph is submitted for illustrative purposes only. The Client should refer to each product description in the catalog to be aware of its main features and, in case of doubt or need for further information, contact the Customer Service. LE TEMPS DES CERISES shall only be held responsible for the content of the pages they publish on their Website. LE TEMPS DES CERISES shall not be held liable in case of obvious errors between the characteristics of the product and its representation.

10.3- Insofar as every Client act as such for purposes which are outside their trade, business or profession, LE TEMPS DES CERISES the consumer does not incur any liability for any indirect damages as a result of the conditions herein, business interruption, loss of profit, loss of opportunity, damages or costs which may result from the Product purchase.

10.4- LE TEMPS DES CERISES may not be held responsible for elements beyond its control or damages which may be caused to the user's technical environment, namely computers, software, network equipment (modems, telephones, etc.) or any equipment used to access and use the Website.

Article 11 - Legal Safeguard

11.1- For each sold Product, LE TEMPS DES CERISES is responsible for, towards the Client, the legal guarantee of conformity of goods as prescribed by the articles L.211-4 à L.211-14 of the French Consumers Code and legal safeguard of the latent defect referred to in articles 1641 to 1648 of French Civil Code.

11.2- In the event of non conformity and should identical replacement be impossible (size, colour or out of stock reference), The Client should have the possibility to return the product and get price refund (delivery fees included).

11.3- In the event of latent defect as provided by French law LE TEMPS DES CERISES endeavours, upon Client choice, to replace the product, subject to availability or to refund the so allocated Product; provided said defect was reported to the Client Service within the seven business days period, following the date when the Client should reasonably have discovered it. May not be defined by the latent defect characteristics, the products of which claim focuses on natural wearing or those which care instructions would have not been fulfilled. Refund should only be made on the condition that said Product has been returned by the Client and that latent defect nature has been determined by LE TEMPS DES CERISES.

11.4- No cash on delivery will be accepted, regardless of the reason.

11.5- The provision of the article 11 are without prejudice to the right to cancel as referred to in above mentioned article 8.

Article 12 - Intellectual Propriety

12.1- All texts, comments, illustrations, images and logos displayed on the e-shop LE TEMPS DES CERISES are protected by copyright, trademark, patents and intellectual property, applicable at a worldwide level. LE TEMPS DES It is expressly forbidden to reproduce in whole or in part LE TEMPS DES CERISES or "virtual shop front" LE TEMPS DES CERISES.

12.2- LE TEMPS DES CERISES may not under any circumstances be held responsible for the hyperlinks to other websites, especially as regards the contents.

12.3- LE TEMPS DES CERISES may also not be held responsible for the hyperlinks to their own website and prohibits the creation of such hyperlink without their prior and express consent.

Article 13 – Applicable law and jurisdiction

13.1- Any order, settled in compliance with article 2, is thus governed by the terms and conditions herein, of the French version shall only prevail, and the applicable French statutory and regulatory provisions. Therefore only French law shall prevail, in all respects and without limitations.

13.2- Subject to the provisions of public order and the rules of conflict of laws and jurisdictions, in the event that a dispute could not be resolved beforehand amicably between the parties, for any dispute likely to arise between an Internet user of the Site and LE TEMPS DES CERISES, only the French jurisdictions of which the registered office of INDIGO GALLERY is a part shall be competent, if the Internet user of the Site is a merchant.

If the Internet user of the Site is a non-commercial or a consumer, each of the parties shall be free to bring the matter before the legally competent courts, in the event that the dispute could not previously be resolved amicably between the parties.

Article 14 - Information Technology and Liberties

Any order placed and any subscription to the newsletter or loyalty programme requires the collection of information about the Customer by LE TEMPS DES CERISES and in particular personal data. The Customer declares that he/she has read the entire Privacy Policy and that he/she consents to the collection of such data under the conditions and for the purposes set out in the said Privacy Policy, which can be accessed by following this link.

The Customer guarantees the truthfulness and accuracy of the information provided by him and is invited to ensure that the information stored in his account is up to date.

Article 15 - Newsletters / Cookies

15.1- Depending on the preferences configured when opening or visiting their account, every Client is likely to receive offers from LE TEMPS DES CERISES. Any Client who wishes to not receive such offers may, at any time, request otherwise in the section “My account” then “Personal information”. 

15.2- When the Site is consulted, cookies are deposited on the Client's computer and on any Internet user's mobile or tablet. The Customer declares that he/she has read the entire page dedicated to the information and management of cookies, which can be accessed via the following link: cookie management.

Article 16 - Final Provisions

16.1- In the Conditions herein, when a period is expressed in days, the day of act, the event, the decision or the notification setting into motion the period concerned shall not count. Any deadline should expire on the last day at midnight. Any deadline which shall expire on a Saturday, Sunday, on a bank holiday or rest day, shall be extended until the first following business day.

16.2- Any reference on the Website or any other material issued as part of the use of the Website, to an hour of the day, a day of the week, a month of the year as well as bank holidays or legal rest days, is, unless expressly specified otherwise, regarded as a reference to Paris legal time, to the days, months and years of the Gregorian calendar and to the bank holidays and legal rest days as applicable in Metropolitan France.

Article 17 - Loyalty Program

The company INDIGO GALLERY in charge of the loyalty program, hereinafter the establishment.

17.1- The loyalty program offered by the establishment to their Clients provides customers with a special cumulative discount on the value of their purchas and commercial information via email or SMS.

17.2- In an effort to protect Clients against unlawful use of their personal data, the establishment should inform them of the filing of the data they are required to provide (registered with the CNIL French National Commission on Information Technology and Freedom under n°1352200) with the successive discounts they are granted, in compliance with article 27 of French act N°78-17 of 6 January 1978. The Client thus acknowledges the optional nature of the required information, the natural or legal recipient of this information, i.e. any service provider or partner selected by the establishment and the existence of the right of access and rectify by simple request to the establishment headquarters, in accordance with the second paragraph of article 27 of French act N°78-17 of 6 January 1978.

17.3- On a regular basis, as defined by establishment, the cumulated in-store purchase will give rise to a commercial discount valid on a next purchase with a minimum price limit as defined by the established. The commercial discount expiration date is of three months.

17.4- Every purchase, regardless of the price, may entitle the Client to cumulative loyalty points.

17.5- The discount is granted on any purchase, excluding the items on sales or promotional items. Therefore, the discount is not cumulative with other promotional offers. It may be unilaterally modified by the establishment and at any time. In the case of a specific purchase made using the commercial discount offered by the establishment, the accumulation of loyalty points is granted based on the purchase total minus the value of said discount.

17.6- Any modification of address or personal details is free of charge. They must be done in-store with our sales staff.

17.7- Subscription to the establishment loyalty program implies user's acknowledgment and acceptance of the General Conditions herein, available and accessible on our online store letempsdescerises.com.

17.8- The establishment reserves the possibility to delete or modify the benefits of the loyalty program, at any time. The information will be communicated to the clients in store. In such case, the establishment will grant each Client the repayment of the balance of the discounts acquired prior to modified or deleted benefit termination, in the form of a voucher, valid in-store.

17.9- Provided no sale has been tracked on Client's for over 365 days, the accumulated points shall be lost

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