Terms of Service
The website https://www.xsuit.eu (hereinafter the “Site”) is open to any user of the Internet network.
It is published by MGI (director Maurice Giroudon) under the commercial name HOUSE OF X EUROPE (hereinafter "House of X Europe") whose address is Bâtiment B, 1st floor, 69 Rue Gorge de Loup, 69009, Lyon - FRANCE and the SIREN identifier 315 340 315.
Publishing Director: Adrien Giroudon.
It is hosted by: LWS.
The Site allows House of X Europe to offer clothing products (the “Products”) for sale to Internet users browsing the Site (hereinafter the “Customer”).
GENERAL CONDITIONS OF SALE
Article 1: Scope
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by the company House of X Europe to any natural or legal person wishing to acquire the products offered for sale by House of X Europe on its website https://www.xsuit.eu (“hereinafter referred to as the“ Customer ”).
The purpose of these conditions of sale is to define the contractual relationship between House of X Europe and the Customer and the conditions applicable to any purchase made through the House of X Europe merchant site.
The Customer declares to have read these General Conditions of Sale as well as the Confidentiality Policy, and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://www.xsuit.eu.
Any order for a Product appearing in the online store of the website requires consultation and prior acceptance without restriction or reservation of these conditions of sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website https://www.xsuit.eu.
House of X Europe reserves the right to modify these general conditions of sale from time to time with regard to legislative changes, the modifications made will be applicable as soon as they are put online. The version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the IT system of House of X Europe constitutes proof of all the transactions concluded with the Customer.
Article 2: Precontractual Information
The fact for a natural or legal person, of ordering on the website https://www.xsuit.eu implies full and complete acceptance and acceptance of these General Conditions of Sale, as well as of the Confidentiality Policy , and obligation to pay for the products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against House of X Europe.
Article 3: Presentation of the order
The contractual information is presented in French and English and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
The Products are offered within the limits of available stocks, as specified when placing the order. As stocks are in limited quantities, the mention of the exhaustion of the stock will be announced on the Product. However, in the event of an error concerning the availability of the item, House of X Europe undertakes to deliver the Customer once the Product has been restocked or to reimburse the Customer if the Product is no longer restocked.
Some offers may be offered for a short period which is the subject of a specific announcement. As stocks are then in limited quantity, the mention of the exhaustion of the stock will be announced when placing the order. However, in the event of an error concerning the availability of the item, House of X Europe undertakes to deliver the Customer once the Product has been restocked or to reimburse the Customer if the Product is no longer restocked.
The Products offered are those listed in the catalog published on the website and which have been subject to quality control. They endeavor to present all the characteristics by means of photographs and a descriptive sheet drawn up from the data provided by the manufacturer. House of X Europe undertakes to use its best efforts to describe the products with the greatest possible accuracy, however if any errors or omissions have occurred in this presentation, House of X Europe cannot be held liable.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website. The Customer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to know its properties and essential features.
The Customer acknowledges that the photographs on the website cannot perfectly reflect the appearance of the Product. The actual visual impression may differ very slightly from that of the photograph, especially with regard to colors; the Client acknowledges that House of X Europe cannot be held liable on this basis.
The sale will not be considered final until the Customer has sent confirmation of the acceptance of the order by House of X Europe by email - and after receipt by the latter of the full price.
Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, whatever the method of marketing their products.
The Customer acknowledges and accepts that House of X Europe reserves the right to refuse an order clearly validated by a professional seller, with regard to the number of products ordered in a single order and the number of individual orders made for one same product compared to the usual amount of an average consumer.
Article 4: Confirmation of the order
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and House of X Europe.
House of X Europe reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Article 5: Prices
Prices in euros are displayed inclusive of all taxes and duties in European Union.
It is specified that the prices displayed on the Site will be invoiced excluding taxes and duties of other destinations.
Article 6: Payment Conditions And Security
Payments will be secure and all information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted or used by third parties. They are also not stored on the IT systems of House of X Europe.
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment.
The Customer's account will only be debited when confirming payment for the order.
Article 7: Terms of Delivery
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Once the order has been confirmed, the address indicated by the Customer cannot be changed. The liability of the carrier or House of X Europe can not be sought in the event of an impossibility of delivery due to an imprecision in the delivery address (it being specified that the designation of PO boxes is prohibited).
The package is delivered to the recipient's letterbox or against signature if its weight is greater than 5kg. If the recipient's mailbox cannot contain the package, a calling card is left there. It indicates the coordinates of the place where the Customer can collect the package. The Customer has 15 consecutive days to collect it. Beyond this period, the package will be returned.
Article 8: Transfer of Ownership
The transfer of ownership of the Products from House of X Europe to the Customer will be made at the time of delivery which constitutes the transfer to the Customer of physical possession or control of the Product.
The transfer of the related risks of loss and deterioration will be carried out at the same time.
Article 9: Refund
House of X Europe only refunds the price of the Product (s) purchased if the products are eligible for reimbursement; the return costs remaining the responsibility of the Customer.
In this case, House of X Europe must reimburse the Customer for all sums paid, after verification of the Products, without undue delay and from receipt of the Product (s) returned by the Customer.
Article 10: Customer Service And Complaints
In the event of a complaint, the purchaser may first contact House of X Europe customer service. For this, the buyer can reach customer service by email at: email@example.com
Article 11: Liability And Guarantee
The Products sold on the website https://www.xsuit.eu comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by House of X Europe benefit as of right and without additional payment, in accordance with the legal provisions:
- the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order;
- the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, under the conditions and according to the methods referred to below.
As part of the legal guarantee of conformity, the Customer:
- may request repair of the Product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- in the event that it is impossible to repair the Product ordered, the Customer may request the replacement of the Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- in the event that repair and replacement of the Product ordered is impossible, the Customer may request a refund of the amount paid for the order.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform House of X Europe in writing about the non-compliance of the Products by email to: firstname.lastname@example.org.
House of X Europe will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
House of X Europe cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify;
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The guarantee of House of X Europe is, in any event, limited to the replacement or reimbursement of non-conforming Products or affected by a defect.
Article 12: Liability And Force Majeure
House of X Europe, in the online sales process, will only be bound by an obligation of means: it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, disruption of service or other unintentional problems.
Regarding the non-performance or poor performance of the contract, House of X Europe may however be exempted from all or part of its liability by providing proof that it is attributable, either to the consumer, or to the fact, unforeseeable and insurmountable, of '' a third party to the contract, or a case of force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, despite all reasonable efforts to prevent them. Blockages of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, and in particular all networks accessible by internet, or difficulties specific to telecommunications networks outside the parties.
The party affected by force majeure will notify the other within five working days of the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract can be continued.
Article 13: Intellectual property
The content of the website https://www.xsuit.eu is the property of House of X Europe and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting. No one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the elements of the site, whether visual or audio. Any simple or hypertext link is strictly prohibited, except with the express written consent of House of X Europe.
In addition, House of X Europe remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes produced (even at the request of the Client) with a view to providing the Services to the Client. The Customer shall refrain from any reproduction or use of said studies, drawings, models and prototypes, without the express, prior written authorization of House of X Europe, which may make it conditional on financial compensation.
Consequently, any copy and use of the House of X brand, any parasitism derived from the operation of the site will be automatically prosecuted and penalized.
Article 14: Personal Data And Cookies
Article 15: Applicable Law
These General Conditions of Online Sale are governed and subject to French law.
These General Conditions of Sale are written in French and English. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.