IDENTITY OF THE SELLER
The seller is OFF WHITE Montpellier also called SAS BLISS PROJECT
Simplified joint-stock company with capital of 40000 euros
Whose head office is located at 8 Rue du Petit Saint Jean – 34000 Montpellier, France
Registered with the Montpellier RCS under number 82336189400020
VAT number FR94 823 361 894
Telephone: + 33 (0)4 67 55 57 06
Email: contact@shopoffwhite.com
All orders on the Site are subject to these general conditions of sale. These are subject to changes and updates, the conditions applicable to the order of a product by a customer are those in effect on the day of the order. These general conditions of sale are subject to French law, except for mandatory provisions to the contrary such as arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
GENERAL SALES CONDITIONS
OBJECT
These general conditions of sale (hereinafter the "General Conditions of Sale") exclusively govern sales made on the website bymarie.com (hereinafter the "Site") of products offered by OFF WHITE Montpellier to buyers having the quality of consumers (hereinafter the “Customer(s)) and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Terms and Conditions of Sale are made available to Customers on the shopoffwhite.com Site where they can be consulted directly.
The General Terms and Conditions of Sale are enforceable against the Customer who declares to have read them and to have accepted them by checking the box "I accept the General Terms and Conditions of Sale" before the implementation of the online ordering procedure.
OFF WHITE Montpellier reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation.
The nullity of a contractual clause does not result in the nullity of the General Conditions of Sale.
The temporary or permanent inapplication of one or more clauses of the General Terms and Conditions of Sale by OFF WHITE Montpellier cannot claim its renouncement of the application of this or these clauses or the other clauses of the General Conditions of Sale which continue to produce their effects.
THE CUSTOMER
The customer of the Site must be a consumer, an adult natural person and legally capable. The customer must, during his first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that his order of products can be taken into account by OFF WHITE Montpellier.
The information communicated to OFF WHITE Montpellier as part of the opening of its customer account or during each of its orders must be complete, accurate and up to date. OFF WHITE Montpellier may, where appropriate, ask the customer for confirmation -by any means- of this information and his identity.
Given the commercial policy described above, OFF WHITE Montpellier reserves the right not to respond to orders from subjects that differ from the "Consumer" or to orders that do not comply with its commercial policy.
PRODUCTS
Our store has a very curated offer, OFF WHITE Montpellier offers products from emerging designers to more well-known and luxurious brands. You may find items on SHOPOFFWHITE .COM that you won't find anywhere else.
On SHOPOFFWHITE.COM are exclusively offered for sale first quality products. Distributed brands are carefully selected for their rigorous quality controls.
SHOPOFFWHITE.COM does not sell second-hand, defective or inferior products to the standards offered on the market.
The essential characteristics of the products are presented on shopoffwhite.com inside each of the product sheets. The products sold are photographed and described as faithfully and accurately as possible. Errors or omissions are possible. Likewise, depending on the Internet browser or screen used, the colors of the articles may not match the actual colors.
The products sold are those which are described and visible on the site. Product offers are valid within the limits of available stocks and we reserve the right to modify these offers at the beginning of each week. Any sold out product will be reported. However, the availability and delivery of a product is only guaranteed by sending us an email confirming your order.
Some items sold on the site have already been offered for sale in OFF WHITE Montpellier store. They are therefore sometimes labeling accordingly.
PLACE ORDER
STEPS
Order taking on the Site is subject to compliance with the procedure set up by OFF WHITE Montpellier, embodied by a succession of different screen pages indicating the steps that the customer must imperatively follow to validate his order.
The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance.
ORDER VERIFICATION
OFF WHITE Montpellier will also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these general conditions of sale.
In these assumptions, OFF WHITE Montpellier will notify the customer by email. In the absence of the customer from proceeding with OFF WHITE Montpellier to correct the erroneous elements or contrary to these general conditions of sale, OFF WHITE Montpellier reserves the right not to process the order.
PROCEDURE
To conclude the contract for the purchase of one or more products on shopoffwhite.com, you must complete the order form offered by the site by following the relative instructions.
The order form contains a summary of information on the essential characteristics of each of the products ordered and the price which refers to it (including applicable taxes but not duties), the means of payment that you can use to purchase each product and the terms of delivery of the products purchased, the shipping and delivery costs.
The contract is concluded when OFF WHITE Montpellier receives, electronically, your order form and once the accuracy of the data relating to the order has been verified.
Before proceeding with the purchase of the products by sending the order form, we kindly ask you to carefully read the General Conditions of Sale.
The order form will be archived in our database for the time necessary to dispatch the orders and according to the legal deadlines. You will be able to access your order form by consulting the “My account / My orders” section.
Before proceeding with the transmission of the order form, you will also be asked to detect and correct any data entry errors.
The languages available to conclude the contract with OFF WHITE Montpellier is English only but you can contact us by speaking french too.
Once the contract has been concluded, OFF WHITE Montpellier will take charge of your order.
In the event that the products presented on shopoffwhite.com are no longer available or on sale at the time of your last access to the site or the sending of the order form, OFF WHITE Montpellier must inform you promptly, and in any case, before thirty working days from the day following your order, the possible unavailability of the products ordered. In the event of transfer of the order form and payment of the price, OFF WHITE Montpellier will take the necessary steps to refund the amount you have advanced.
With the telematic transmission of the order form, you accept the General Conditions of Sale and you undertake to observe, in relations with OFF WHITE Montpellier, these conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products on shopoffwhite.com and to contact our team at +33 ( 0)4 67 55 57 06.
MODIFICATION OR CANCELLATION ORDER
Orders are not subject to change due to immediate execution and for technical reasons.
In the event of a malfunction of the site having affected orders, price display or transactions, or a shortage of stock concerning the products ordered, OFF WHITE Montpellier will have the possibility of canceling online orders placed by customers. By informing the customer by email or phone in order to indicate to them the cause of the cancellation of the orders placed.
PRICES AND TERMS OF PAYMENT
Prices displayed on the Site are shown in EUROS. For all countries with a delivery address in France and in countries belonging to the European Union, products invoiced in Euros are all taxes included (TTC), excluding delivery costs. The prices invoiced to the customer are those in effect on the date of the order.
For customers residing outside the territory of the European Union and in the overseas departments and territories, it is specified that the prices displayed on the Website will be charged excluding customs tax and shipping costs. We ship orders with import charges to be paid. This means that import costs are not included in the prices indicated online and on the product sheets. The customer will pay the freight forwarder when importing the product or later, the total amount of the charges relating to customs duties and formalities, import taxes applicable in the country where the delivery is requested.
The payment of these costs, possibly necessary for the entry of the products ordered in the delivery territory is not at the expense of OFF WHITE Montpellier.
Payment is made by Credit Card via Stripe Secured payment system.
For payments by credit card, the customer must be the holder of the credit card used. It accesses a dedicated space made available by a banking establishment, which ensures the security and registration of the payment order.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debit of the sums due by the customer proves to be impossible, the order will not be registered by OFF WHITE Montpellier.
DELIVERY
When you place an order, you will receive an email confirming receipt. Once you have checked your order and payment details and it is approved for shipment, we send you an email to inform you.
In the event of a problem during the processing of your order, we will send you an email to inform you and possibly ask you for more details.
All items are shipped from our OFF WHITE Multibrand store in Montpellier city.
You will receive updates by email on the progress of your order and its delivery. You can also check its status from your account and see all the steps. Throught our freight forwarder for your local, you will also be able to track your shipments with the tracking number you received by email.
Delivery times vary according to the service chosen at the time of payment and according to the delivery zone, please consult our Shipping section for more information. Please note that shopoffwhite.com cannot be held responsible for any delays in orders due to delayed customs clearance or payment transactions.
Please note that in the event of non-receipt of your order, you have 30 days after the dispatch date to contact us. Beyond this 30 day period, we cannot guarantee a refund.
The customer is solely responsible for a lack of delivery due to a lack of indication when placing the order.
The customer can choose from the following delivery methods:
• CHRONOPOST 24H for French market
• COLISSIMO 2-5 days for Europe zone plus Australia (Relay Points: Under installation)
• Freight Company 3-8 days for the rest of the world
• Courier service only for Montpelier Agglo
• Withdrawal in store without delivery costs (option offered at Check Out)
The package is delivered according to the shipping method chosen by the Customer and is delivered to the consignee against the signature of a delivery slip (according to the delivery method), to the delivery address indicated during the order procedure.
It is the Customer's responsibility to ensure the exterior appearance of the packaging and to note on the delivery slip any damage visible on the packaging.
ROUTING INFORMATION
We ship worldwide, between 11 am and 5 pm, Monday to Friday. Please note that not all services are available in all countries. Shipping costs are indicated when ordering.
GSC DDP
LATE DELIVERY OR ISSUE
OFF WHITE Montpellier and carriers being separate and independent entities, OFF WHITE Montpellier cannot be held responsible for any delay in delivery attributable to the Freight company.
If the buyer notices a break-in or damage to his package, he has three days to notify the seller. We advise you, if the original packaging is damaged, torn or opened at the time of delivery, check the status of the items in the presence of the delivery person and immediately issue reservations on the delivery slip, or even refuse the package.
It is up to the buyer to see if his package has been broken into or damaged. We advise you to systematically check the contents of the package in the presence of the carrier, in order to check the condition of the items, even if your package does not show signs of deterioration. If they have been damaged or stolen, you must refuse the package and write down a reserve on the delivery slip (package refused because opened or damaged). The responsibility of shopoffwhite.com cannot be engaged if the buyer has not issued a reservation.
To obtain the refund or exchange of the items (within the limit of the available stocks), the buyer must inform us of any problem found by sending us a message via the section "Contact". He must report in detail the problem observed (eg damaged package, already opened, etc.). The buyer may be asked to provide a photo of the damage by email.
In case of non-delivery of the package by post, the buyer must inform OFF WHITE Montpellier via the “Contact” section. We will then open an investigation with the services concerned. An email indicating that an investigation is open will be sent to you. The carrier's final response times vary from 2 to 4 weeks. If the package is found, it will be sent to the customer according to the usual procedure. If the package is declared lost and there is no more stock available to ensure a second shipment, the order will be refunded as soon as possible.
CANCELLATION, RIGHT OF RETRACT AND TERMS OF RETURN
OFF WHITE Montpellier accepts cancelations, for any reason, before your order has been processed by the shop. After that, you can no longer cancel your order, but you can return the products if you wish. If you have not yet received an email confirming that your order has been processed, you can cancel it.
You can also contact our Customer Service using the contact form or call our Customer Service on +33 (0)4 67 55 57 06 (Available tuesday to Saturday from 11 a.m. to 6 p.m.).
The customer has a right of withdrawal that he can exercise, without having to justify reasons, within fourteen (14) days of receipt of the products ordered.
When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
To simplify the exercise of the right of retraction, OFF WHITE Montpellier asks customers to notify it by any means. On this occasion, the customer will be able to specify whether he wishes a refund or in special cases a discount or credit note.
The customer will also be able to contact customer service by e-mail: contact@shopoffwhite.com or by telephone on +33 (0)4 67 55 57 06 for any additional information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty...) accompanied by the invoice and a word of explanation recalling the contact details of the customer as well as his desire to receive a refund or a credit note, at the following address:
OFF WHITE Concept store
8 Rue du Petit st Jean
34000 Montpellier
France
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not compliant or has a manufacturing defect.
Any customs fees related to the return of product from a foreign country are also the responsibility of the customer.
OFF WHITE Montpellier strongly advises its customers to return the products by Colissimo. The customer also has the possibility to choose the carrier of his choice. On the other hand, the costs of return as well as the related risks are the responsibility of the customer. It is therefore recommended to him to provide proof of this return, which supposes that the products are returned with parcel tracking, or by any other means giving a certain date.
The right of retract – in addition to compliance with the deadlines and methods described in the previous points – is considered to have been applied correctly in the event that the following conditions are fully respected:
- You have 14 days to send your return, following receipt of your order, after this period we cannot guarantee a refund;
- We invite you to notify us by email of your return request;
- Once your return package has been received by our services and it complies with our return policy, we will refund you via your original means of payment;
- We advise you to carefully check the products received before discarding the original labels and packaging;
- Clothing must be returned unworn, unwashed, undamaged and with their original tags. Shoes and accessories must be returned in and with their original boxes and inside a package;
- If the product was delivered with a security label, it must remain attached. If the label is detached, the returned product does not comply with our returns policy and will not be refunded;
- Swimwear and lingerie must be tried on over your own lingerie;
- We recommend that you return the products in their original packaging to ensure the necessary protection during transport;
- Returned products are reimbursed excluding the original shipping costs;
-We do not accept returns of earrings (precious jewelry or fantasy) or returns of any precious jewelry.
OFF WHITE Montpellier will return to you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the products purchased, only if the return of the products is due to a reason attributable to OFF WHITE Montpellier, for example if the products do not have the essential characteristics promised, Have manufacturing defects or if there are errors in the delivery of them. In the later case, you can inform us by email or phone.
In the event that the terms for the exercise of the right to waiver have not been complied with, as above, you will not be entitled to refund any amounts already paid to OFF WHITE Montpellier. You will however be able to obtain, at your expense, your products, in the state in which they were returned to OFF WHITE Montpellier. Otherwise, OFF WHITE Montpellier will be able to retain the products, in addition to the sums already paid for their acquisition.
Once your return has been received by the store and it complies with our return policy, we will refund you through your initial payment method. Refunds can take up to 14 days depending on your bank. Returned products are refunded excluding the original shipping costs and return costs (to be borne by the customer).
If you wish to exchange an item, you must first send it back to us, following the return procedure above. You can then place your new order.
LEGAL GUARANTEES
Independently of any commercial guarantee which may be granted by OFF WHITE Montpellier to the Customer, all the products supplied by OFF WHITE Montpellier benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, OFF WHITE Montpellier undertakes, at the Customer's choice, to refund or exchange defective products or products that do not correspond to their order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.211-13 of the Consumer Code relating to the legal guarantee of conformity:
• Article L211-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
• Article L211-5 of the Consumer Code:
“To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”.
• Article L211-7 of the Consumer Code:
“The defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can combat this preseption if it is not compatible with the nature of the property or the lack of conformity invoked ”.
• Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
• Article L211-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from prohibitive defects as a result of sections 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognized by law."
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:
Article 1641 of the Civil Code:
"The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would not have given a lower price, if he had known them. »
Article 1648, paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
To benefit from the guarantee, the Customer must contact OFF WHITE Montpellier Customer Service by following the following steps:
1. Provide the order number and the reference of the item concerned (this information is indicated on your purchase invoice);
2. Send the request for support to the OFF WHITE Montpellier customer service by email at the following address: contact@shopoffwhite.com
In order to ensure fast and quality processing of the warranty request, the Customer will specify his contact details, his order number and the reference of the article concerned and will detail as much as possible the problem encountered and, as far as possible, attach to the email a photograph of the product defect.
All our products benefit from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects.
To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
The contractual warranties do not cover:
- anormal or non-compliant use of the products. In this regard, we invite you to carefully consult the maintenance advice;
- the defects and their consequences related to the use not in conformity with the use for which the product is intended;
- defects and their consequences related to any external cause.
In any case, shopoffwhite.com cannot be held responsible in the event of refusal by the manufacturer/brand of the product purchased to apply its guarantee for the reasons set out above.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
We are the owners or licensees of all intellectual property rights in the Site and its content (such as text, graphics, logos, icons, images, audio recordings, digital downloads, data compilation and software including presentation and compilation thereof) (“Content”). The rights to the Site and the Content are protected by international copyright law, as well as by any national copyright and database law. All these rights are reserved.
You may not systematically extract and/or reuse portions of the Site or Content. In particular, you may not, without prior written consent, use data processing, robots, or other data extraction and collection methods to extract (whether once or several times) and reuse substantial parts of the Site. (for example: our prices or product listings).
In the absence of any mention to the contrary, all persons (including their names and their images), all registered third-party brands and all images of products belonging to third parties, services and/or addresses displayed on the Site are in no way associated, linked or affiliated with us. All copyrights/trademarks displayed on the Site belong to the holders of such rights.
PRIVACY POLICY
In application of law n ° 78-17 of 6 January 1978 relating to IT, files and freedoms, it is recalled that the personal data which is collected from the Customer is necessary for the processing of his order. They can also be used for prospecting purposes. The purposes of each of the processing operations are described with regard to the processing operation concerned. These data are intended for internal use only by OFF WHITE Montpellier. The Customer's personal data is kept for the duration strictly necessary for the accomplishment of the purposes for each of the treatments envisaged by OFF WHITE Montpellier. The Customer has a right of access, modification and opposition to the processing of the data concerning him by contacting the customer service by email at contact@shopoffwhite.com
RESPONSIBILITY
OFF WHITE Montpellier cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
The liability of SHOPOFFWHITE.COM cannot be engaged for all the inconvenience and damage inherent in the use of the Internet network (service failure, external intrusion, computer viruses, etc.).
We may update or change the Site or its content at any time, but we are under no obligation to do so. Please note that this means that any content on the Site may lapse at any given time. The content of the Site is provided for information only. It is not intended to amount to advice on which you should rely. We make no representation, warranty or assurance, express or implied, that the Site, or its content, is accurate, complete, current or free from any errors or omissions. To the extent permitted by law, we exclude all conditions, warranties, representations or other conditions, express or implied, which may apply to the Site, or its content.
We shall not be liable to you or to any user for any loss or damage suffered, whether in contract, tort (including negligence), arising out of a breach of any statutory duty. , or otherwise, arising out of or related to the use of, or inability to use, the Site; or use of or reliance on any content posted on the Site.
Please note that we make the Site available only for domestic or personal use and, therefore, we are not responsible for you in the event of loss of profit, loss of operation, interruption of operation, or loss of earnings.
We will not be liable for any harm or damage caused by a virus, distributed denial of service attack, or other technologically harmful material, which may damage your computer equipment, computer programs, data or other materials specific to you. resulting from your use of the Site or your downloading of content from the Site, or any websites linked to it.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Sales concluded with OFF WHITE Montpellier via the website shopoffwhite.com are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
OTHER IMPORTANT INFORMATION
Severability of contractual provisions - Each section and paragraph of these Terms and Conditions is self-contained. If a court or competent authority decides that one of them is illegal or unenforceable, the other paragraphs and sections will remain in full force.
Waiver-If you violate these Terms and Conditions and we do not act, or we are slow to act, this does not mean that we are waiving our rights against you and we will always be within our right to act. If we give up prosecuting you, we would only do so in writing (waiver signed by one of our leaders), and that does not mean that we would automatically give up acting in the event of a future violation on your part.
For any information or questions about our Terms and Conditions, our customer service is at your disposal:
-Through our Contact form
- by phone: +33 (0)4 67 55 57 06
- by email to: contact@shopoffwhite.com