I. GENERAL CONDITIONS OF USE

II. TERMS AND CONDITIONS

www.cyberwear.fr 


I. GENERAL CONDITIONS OF USE


ARTICLE 1. LEGAL INFORMATION

Under article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in carrying out and monitoring .

The site www.cyberwear.fr is edited by:

DIES AGENCY, whose head office is located at the following address: 11 Rue du Docteur Faguin 69500 BRON, and registered with the RCS of LYON under the number SIREN 854 026 135

Phone: 06.85.81.90.94 / 06.40.54.95.36 
E-mail adress : contact@dies-agency.fr.

Please use the contact form: http://www.cyberwear.fr/contact/

or

By email address dedicated to site support: contact@cyberwear.fr

The publication director of the site is: CROZIER Jeremy acting as Managing Director 

The site www.cyberwear.fr is hosted by:

1 & 1 IONOS, headquartered at the address below:

7 Place de la gare 57200 SARREGUEMINES

Phone number: 0 970 808 911


ARTICLE 2. PRESENTATION OF THE SITE

The site www.cyberwear.fr has for object: 

Online sale of clothing and accessories.


ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the editor at the following e-mail address: contact@cyberwear.fr, contatc@dies-agency.fr or send a registered letter with acknowledgment of receipt to: DIES AGENCY - 11 Rue du Docteur Faguin 69500 BRON.

Please use the contact form: http://www.cyberwear.fr/contact/


ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the site are subject to acceptance and compliance with these General Conditions of Use.

The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T & Cs, in particular to adapt to changes in the site by providing new functionalities, deleting or modification of existing functionalities.

The user is therefore advised to refer to the latest version of the T & Cs, accessible at any time on the site, before any navigation. In case of disagreement with the T & Cs, no use of the site can be made by the user.


ARTICLE 5. ACCESS AND NAVIGATION

The editor implements the technical solutions at his disposal to allow access to the site 24 hours a day, 7 days a week. He may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of the latter in order to proceed with updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.

Connection and navigation on the site www.cyberwear.fr are worth unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.

These Terms apply, as necessary, to any variation or extension of the site on existing or future social and / or community networks.


ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the publisher may at any time:

  • Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
  • Delete any information that could disrupt its operation or that contravenes national or international laws, or the rules of Netiquette;
  • Suspend the site in order to proceed with updates.


ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services and in particular to all paid services is subject to user registration.

Registration and access to the site's services are reserved exclusively for capable natural persons, who have completed and validated the registration form available online on the site www.cyberwear.fr, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user will also have to regularly check the data concerning him in order to keep its accuracy.

The user must imperatively provide a valid e-mail address, on which the site will send him a confirmation of his registration for his services. An email address cannot be used more than once to register for services.

Any communication made by www.cyberwear.fr and its partners are therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to reply within a reasonable time if necessary.

Only one registration for site services is allowed per natural person.

The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter “Personal space”), in addition to entering his password.

The user name and password can be changed online by the user in his Personal Space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.

www.cyberwear.fr in any event reserves the right to refuse a request for registration for the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.

2. UNSUBSCRIBE

The regularly registered user can at any time request their unsubscription express their wishes by the following email address: contact@cyberwear.fr . Any unsubscription from the site will be effective after the user has completed the form provided for this purpose.

3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE PUBLISHER

It is brought to the attention of the user that the publisher reserves the right to delete the personal space of any User who contravenes these terms of use and sale, and more particularly in the following cases:

  • If the user makes illegal use of the site;
  • If the user, when creating his personal space, voluntarily transmits incorrect information to the site;
  • If the user has not been active on his personal space for at least one year.

In the event that the publisher decides to delete the personal space of the user for one of these reasons, this cannot constitute damage for the user whose account has been deleted.

This deletion does not constitute a waiver of legal proceedings that the publisher could take against the user who has contravened these rules.


ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that he himself has edited.

The publisher is not responsible for:

  • In the event of problems or technical, IT or compatibility failures of the site with any hardware or software;
  • Direct or indirect, material or immaterial, foreseeable or unpredictable damage resulting from the use or difficulties of using the site or its services;
  • Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
  • Illegal content or activities using its site, without being duly aware of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness and topicality of the information which is disseminated there.

The user is responsible for:

  • Protection of its equipment and data;
  • The use he makes of the site or its services;
  • If he respects neither the letter nor the spirit of these T & Cs.


ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links pointing to other websites on which www.cyberwear.fr does not exercise control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.

The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes.

In addition, prior information from the site editor is necessary before any hypertext link is set up.

Are excluded from this authorization sites disseminating information of an illegal, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, www.cyberwear.fr reserves the right to have deleted at any time a hypertext link pointing to its site, if the site considers it not in accordance with its editorial policy.


ARTICLE 10: CONFIDENTIALITY

In addition to these General Conditions, the site has a privacy policy which describes the way in which personal data is processed when the user visits the site, as well as the way in which cookies are used.

By browsing the site, the user declares that he has also read the aforementioned privacy policy. Available at this address: http://www.cyberwear.fr/politique-de-confidentialite/ 


ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trademarks and services offered by the site, by any process whatsoever, without the express prior written authorization of the publisher, is strictly prohibited and may be subject to constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remains the exclusive property of the publisher.

It is prohibited for the user to enter data on the site which would modify or which could modify its content or appearance.


ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before French courts in accordance with the rules of jurisdiction in force.

 

II.GENERAL CONDITIONS OF SALE


PREAMBLE

The site is edited by the seller, DIES AGENCY, whose head office is located at the following address: 11 Rue du Docteur Faguin 69500 BRON, and registered with the RCS of LYON under the number SIREN 854 026 135.

Individual intra-community identification number of the seller: FR54854026135

The following provisions are intended to define the general conditions of sale on the site www.cyberwear.fr

These general conditions of sale (hereinafter “CGV”) define the contractual rights and obligations of the seller and his client in the context of the distance and electronic sale of goods and products.

The CGV exclusively govern the relationship between the seller and the customer.

The CGV express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.

In case of doubt about one of the conditions of sale, the customs in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.

The seller reserves the right to modify the GTCs from time to time. The modifications will be applicable as soon as they are put online.


ARTICLE 1. CATALOG OR ONLINE SHOP

Through the site, the seller provides the customer with a catalog or an online store presenting the products sold accurately, without the photographs having a contractual value.

The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the seller cannot be held liable for this fact.

The products are offered while stocks last.

The prices and taxes relating to the sale of products are specified in the catalog or the online store.


ARTICLE 2. PRICE

The seller reserves the right to modify its prices at any time by publishing them online.

Only the current prices indicated at the time of the order will apply, subject to product availability on this date.

The prices are indicated in euros including tax (all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the full price must be made when ordering.


ARTICLE 3. ONLINE ORDER

The Customer must follow a series of steps specific to each product offered by the Seller to be able to place their order. However, the steps described below are systematic: 

➢ Information on the essential characteristics of the Product ➢ Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address…) ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the instructions for payment ➢ Acceptance of these General Conditions of Sale ➢ payment of products. ➢ Delivery of products.

The customer must accept by clicking on the place indicated, these general conditions of sale, for his order to be validated.

The customer must give a valid email address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.

The customer must also choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of default of payment, incorrect address or any other problem on the customer's account, until resolution of the problem.

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

This is an order with payment obligation, which means that placing the order implies payment by the customer.

1. PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.

The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as the payment of the sums due under the order.

In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a complaint according to the following terms, so that the seller can assume the costs of the sale and return the disputed sum:

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or

by email to contact@cyberwear.fr

Any dispute not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility.

The seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.

In the event of refusal to authorize payment by bank card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is in progress.

2. CONFIRMATION

Upon receipt of validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he specified, confirmation of the receipt of the order form and a copy of the contract to be printed.

The seller is required to send an invoice to the customer upon delivery.

The customer may request that the invoice be sent to a different address from that of delivery by sending a request to this effect to customer service (see contact details below) before delivery.

In case of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and final.

The customer can always exercise his right of withdrawal within 14 days from the time when information concerning the unavailability of the product has been sent to him.

For any question relating to the follow-up of an order, the customer may contact customer service at the following coordinates:

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or

by email to contact@cyberwear.fr


ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payment due sums due under the purchase order, signature and express acceptance of all operations carried out.


ARTICLE 6. PROOF OF THE TRANSACTION

Communications, orders and payments between the customer and the seller can be proven through computerized registers, stored in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

ARTICLE 7. PAYMENT

Payment is due immediately upon order, including for pre-order products. The Customer can pay by credit card or PayPal (Please read the PayPal privacy policy for more details.) Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by a payment provider: Stripe and PayPal. The information transmitted is encrypted by an SSL certificate issued by DigiCert Inc  and cannot be read. All payment information recorded by choice of the customer is stored on Stripe's servers. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code.


ARTICLE 8. DELIVERY

Delivery is only made after confirmation of payment by the seller's online payment provider.

The products are delivered to the address indicated by the customer on the online form worth order form, the customer having to ensure its accuracy.

Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the customer's expense.

The products are delivered according to the time and to the delivery address which were indicated during the order. This period does not take into account the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times.

The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered. 

 1. DELAY IN DELIVERY

Except in cases of force majeure, in the event of delay in dispatch of more than 30 days after the date of the order, the Customer has the possibility of terminating the contract under the conditions and methods defined in Article L. 138- 2 of the Consumer Code. The Seller then reimburses the product and the “outward” costs under the conditions of Article L. 138-3 of the Consumer Code.

All pre-order products are not affected by the condition indicated above. The seller reserves the right to deliver the products up to 1 year after ordering them. If the order includes products in stock, delivery could be done in two parts according to the choice of the seller.  

This termination of the contract must be sent in the following manner:

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or by email to contact@cyberwear.fr

Any denunciation not made in the rules defined above and within the time limits could not be taken into account and will release the seller from all responsibility towards the customer.

2. VERIFICATION OF THE ORDER

If at the time of delivery, the original packaging is damaged, torn, open, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip.

The customer must indicate on the delivery slip, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery slip.

The customer must, if necessary, inform the seller of his reservations in the following ways:

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or

by email to contact@cyberwear.fr

Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer.

Upon receipt of the complaint, the seller will allocate a voucher for the product (s) concerned and communicate it by email to the customer.

3. DELIVERY ERROR

In the event of a delivery error and / or non-conformity of the products in relation to the indications appearing on the order form, the customer makes his complaint to the seller 30 days following receipt of the package.

The complaint may be made in the following ways: 

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or

by email to contact@cyberwear.fr 

Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer.

4. RETURN OF ORDER

The product to be exchanged or reimbursed following an order error must be returned to the seller as a whole and in its original packaging, according to the following methods:

The product can be returned within 14 working days from the date of receipt.

The return form which was sent to him at his return request, must be carefully completed, dated and signed and then inserted in the return package.

Download the return form here.

Any complaint or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the customer.

Return costs are the responsibility of the customer, shipping with a tracking option is recommended for proof and guaranteed shipment. Unless an error is made by the seller, then the return costs will be at his expense. 

The refund of the order will be made only after receipt of the return package. The seller reserves the right to refuse the refund if: 

- Items have been worn
- Items have been washed
- Items have been damaged
- The returned item does not correspond to that declared in the return table 

- The package has not been received and we have no proof of its sending
-The legal return deadline has been exceeded 


ARTICLE 9. PRODUCT WARRANTIES

The seller is responsible for the conformity of the products with the contract.

The customer can make a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of the defects of articles 1641 and following of the Civil Code.

The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.

1. GUARANTEE OF CONFORMITY

The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.

As such, he can choose between repairing or replacing the goods, under the conditions provided for in article L. 211-9 of the Consumer Code.

The customer is not required to provide proof of the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.

2. WARRANTY OF DEFECTS

The customer, if he implements the guarantee of defects provided for in articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction in the price, and this in accordance with article 1644 of the Civil Code.


ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUNDS

If an ordered product is unavailable, the customer will be informed by email.

The customer will have the possibility to cancel his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, by voucher or exchange of the product 


ARTICLE 11. RIGHT OF WITHDRAWAL

The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery.

The customer will assert his right of withdrawal by contacting customer service:

Site contact form by filling in the fields requested at the following address: http://www.cyberwear.fr/contact/  

or

by email to contact@cyberwear.fr

After communicating their decision to withdraw, the customer then has 14 days to return or return the goods.

The return form which was sent to him upon his return request, must be carefully completed, dated and signed and then inserted in the return package.

Download the return form here.

The refund of the order will be made only after receipt of the return package. The seller reserves the right to refuse the refund if: 

- Items have been worn
- Items have been washed
- Items have been damaged
- The returned item does not correspond to that declared in the return table The package has not been received and we have no proof of its sending
The legal return deadline has been exceeded 

Any withdrawal or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer. 

The customer may request a refund of the returned product, without penalty, with the exception of return costs which remain at his expense.

Certain products, because of their intrinsic quality, cannot be subject to the right of withdrawal and cannot be reimbursed, in particular but not exclusively, the products referred to in article L. 121-21-8 of the Consumer Code .

The seller must reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of the dispatch of these goods.

The customer will have the choice to be reimbursed by the same means of payment that used it for the purchase of the order or by voucher valid for 3 months only on the site www.cyberwear.fr .


ARTICLE 12. FORCE MAJEURE

The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, would prevent their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance must immediately notify the other party of its occurrence and disappearance.

Are considered as force majeure all irresistible and unpredictable, inevitable facts or circumstances which cannot be prevented by them, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunications networks.

If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.


ARTICLE 13. PARTIAL INVALIDITY

If one or more stipulations of these general conditions of sale were to be declared null by application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will keep all their force and their scope.


ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is installed in France in a stable and sustainable way to effectively exercise his activity, whatever, in the case of a legal person, the place of establishment of his head office.

Also, these Terms are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.

In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the client, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court in the place of seat seller's social policy.

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