GENERAL TERMS OF SALE AND USE
Preamble
These general terms of sale apply to all sales concluded on the Communion Dress website.
The website https://www.communion-dress.co.uk/ is a service of:
Individual enterprise AR Group located at 5 rue de la diligence, 44119, Treillières, France website URL: https://www.communion-dress.co.uk/ email: sav@arg-commerce.fr
The Communion Dress website sells the following products: Accessories.
The customer declares to have read and accepted the general terms of sale prior to placing their order. Therefore, the validation of the order implies acceptance of these general terms of sale.
Article 1 – Principles
These general terms represent the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms of sale apply to the exclusion of all other conditions, particularly those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Communion Dress website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms exclusively govern their relationship. The seller reserves the right to occasionally modify these general terms. They will be applicable as soon as they are posted online.
If any condition of sale is found to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general terms of sale are valid until [date].
Article 2 – Content
These general terms aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer on the Communion Dress website.
These terms only concern purchases made on the Communion Dress website and delivered exclusively within the United Kingdom.
These purchases relate to the following products: Accessories.
Article 3 – Pre-contractual information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms of sale and all the information listed in Article L. 221-5 of the Consumer Code.
The following information is provided to the buyer clearly and comprehensibly:
– The essential characteristics of the goods; – The price of the goods and/or the method of calculating the price; – Where applicable, all additional transport, delivery, or postage costs and any other potential costs; – In the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price; – Information on the seller’s identity, postal, telephone, and electronic contact details, and activities, those relating to legal guarantees, the functionalities of digital content, and, where applicable, its interoperability, the existence and implementation methods of guarantees and other contractual conditions.
Article 4 – The Order
The buyer can place their order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or goods ordered.
For the order to be validated, the buyer must accept, by clicking at the indicated place, these general terms. They must also choose the address and delivery method, and finally, validate the payment method.
The sale will be considered final:
– After the seller sends the buyer a confirmation of acceptance of the order by email; – And after the seller receives full payment.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved.
For any questions related to order tracking, the buyer can call the following phone number: (cost of a local call), during the following days and times: Monday to Saturday, from 9 am to 6 pm, or send an email to the seller at sav@arg-commerce.fr.
Article 5 – Electronic Signature
The online provision of the buyer’s bank card number and the final validation of the order will constitute proof of the buyer’s agreement:
– Payment of sums due under the order form; – Signature and express acceptance of all operations carried out.
In case of fraudulent use of the bank card, the buyer is invited to contact the seller immediately at the following phone number: .
Article 6 – Order Confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 – Proof of Transaction
Computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
The products governed by these general terms are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller’s liability could not be engaged.
Product photographs are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in effect indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account delivery costs, billed additionally, and indicated before the order’s validation. Prices include the VAT applicable on the order date, and any change in the applicable VAT rate will automatically be reflected in the price of products on the online store.
If one or more taxes or contributions, notably environmental ones, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the products.
Article 10 – Payment Method
This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller’s site. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by officially accredited bodies or in case of non-payment. The seller also reserves the right to refuse to carry out a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the order day, according to the following methods:
– Credit card – PayPal
Article 11 – Product Availability – Refund – Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, the shipping times will, within the limits of available stocks, be those indicated below. Shipping times run from the order registration date indicated on the order confirmation email.
For deliveries in the United Kingdom, the time frame is 9 to 40 days from the day following the buyer’s order, according to the following methods: . At the latest, the period will be 30 working days after the contract is concluded.
In case of non-compliance with the agreed delivery date or period, the buyer must, before terminating the contract, urge the seller to execute it within an additional reasonable period.
If the execution has not occurred by the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing them of this resolution unless the professional has executed it in the meantime.
The buyer may, however, immediately terminate the contract if the dates or periods mentioned above constitute an essential condition of the contract.
In this case, when the contract is resolved, the seller is obliged to refund the buyer all sums paid, no later than 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel the order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest after their payment or the exchange of the product.
Article 12 – Delivery Terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the methods and the time specified above.
Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following the receipt of the items and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the site’s legal notices.
If products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery Errors
The buyer must submit to the seller on the same day of delivery or at the latest on the first working day following delivery any claim of delivery error and/or non-conformity of products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected.
The claim can be made, at the buyer’s choice:
– By phone at the following number: ; – By email to the following address: sav@arg-commerce.fr.
Any claim not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Registered Parcel, to the following address: 5 rue de la diligence, 44119, Treillières, France.
Return costs are the responsibility of the seller.
Article 14 – Product Warranty
14-1 Legal Warranty of Conformity
The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal warranty of conformity, it is recalled that:
– The buyer has a period of 2 years from the delivery of the goods to act; – The buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; – The buyer is not required to provide proof of the non-conformity of the goods during the 24 months following the delivery of the goods (6 months in the case of second-hand goods).
14-2 Legal Warranty for Hidden Defects
In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects in the sold goods that make them unsuitable for the use for which they were intended, or that so diminish this use that the buyer would not have acquired them, or would have given a lower price if they had known.
The buyer must prove that the defects existed at the time of the sale of the goods and are of such a nature as to make the goods unsuitable for the intended use. This warranty must be implemented within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 15 – Right of Withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs, which remain the buyer’s responsibility.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the willingness to withdraw.
In case of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 15 days and, at the latest, within 14 days from the receipt by the seller of the returned products by the buyer under the conditions mentioned above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– For the supply of goods whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period; – For the supply of goods made to the consumer’s specifications or clearly personalized; – For the supply of goods likely to deteriorate or expire rapidly; – For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; – For the supply of goods that, after delivery, are, by their nature, inseparably mixed with other items; – For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the professional’s control; – For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency; – For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; – For the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications; – For the supply of digital content not supplied on a material medium whose execution has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.
Article 16 – Force Majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.
All irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties, and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as force majeure. Explicitly, in addition to those usually retained by the jurisprudence of French courts and tribunals, the following are considered as force majeure or fortuitous events: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks, or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts longer than three months, these general terms may be terminated by the aggrieved party.
Article 17 – Intellectual Property
The website content remains the property of the seller, the sole holder of intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 – Data Protection and Civil Liberties
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the Communion Dress website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the methods defined on the Communion Dress website.
Article 19 – Partial Invalidity
If one or more stipulations of these general terms are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 – Title
In case of difficulty in interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared nonexistent.
Article 22 – Language of the Contract
These general terms of sale are written in French. If they are translated into one or more foreign languages, only the French text will be authentic in case of dispute.
Article 23 – Mediation
The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
Article 24 – Applicable Law
These general terms are subject to French law. The competent court is the district court for disputes with an amount equal to or less than €10,000 or the high court for disputes with an amount greater than €10,000.
This applies to substantive rules as well as to procedural rules. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 25 – Personal Data Protection
Data collected
The personal data collected on this site are as follows:
– Account opening: when creating the user’s account, their name; first name; email address; phone number; postal address; – Login: when the user logs in to the website, it records, in particular, their name, first name, login data, usage data, location data, and payment data; – Profile: the use of the services provided on the website allows filling in a profile, which may include an address and a phone number; – Payment: as part of the payment for products and services offered on the website, it records financial data related to the user’s bank account or credit card; – Communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored; – Cookies: cookies are used in connection with the use of the site. The user has the option to disable cookies from their browser settings.
Use of personal data
The personal data collected from users are intended to provide the website services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
– Access and use of the website by the user; – Operation management and website optimization; – Organization of the conditions of use of the Payment Services; – Verification, identification, and authentication of the data transmitted by the user; – Offering the user the possibility to communicate with other users of the website; – Implementation of user support; – Personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences; – Prevention and detection of fraud, malware (malicious software), and management of security incidents; – Management of any disputes with users; – Sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– When the user uses the payment services, to implement these services, the website is in relation with third-party banking and financial companies with which it has concluded contracts; – When the user publishes, in the free comment areas of the website, information accessible to the public; – When the user authorizes the website of a third party to access their data; – When the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to user data in the context of executing these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations regarding personal data protection; – If the law requires it, the website may carry out the transmission of data to follow up on claims against the website and comply with administrative and judicial procedures; – If the website is involved in a merger, acquisition, asset sale, or receivership proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software, and physical measures in digital security to protect personal data against alteration, destruction, and unauthorized access. However, it is noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users’ rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: sav@arg-commerce.fr.
The right of access: they can exercise their right of access to know their personal data. In this case, before implementing this right, the website may request proof of the user’s identity to verify its accuracy. The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information. The right to delete data: users can request the deletion of their personal data, in accordance with the applicable data protection laws. The right to limit processing: users can request the website to limit the processing of personal data according to the assumptions provided by the GDPR. The right to object to data processing: users can object to their data being processed according to the assumptions provided by the GDPR. The right to data portability: they can request that the website gives them the personal data provided to transmit them to a new website.
Clause evolution
The website reserves the right to make any modifications to this clause concerning the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user disagrees with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Appendix:
Withdrawal Form
(to be completed by the consumer and sent by registered letter with acknowledgment of receipt within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal Form
To the attention of:
AR Group
located at: 5 rue de la diligence, 44119, Treillières, France
phone number:
email address: sav@arg-commerce.fr
I hereby notify you of my withdrawal from the contract for …………………, ordered on: ………
Consumer’s first and last name: ……………..
Consumer’s address: ……………..
Date: ………………
Consumer’s signature
Appendix:
Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery.
They are also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when it has been charged to them by the contract or has been carried out under their responsibility.”
Article L. 217-5: “The goods are in conformity with the contract if:
1° They are suitable for the use usually expected of similar goods and, where applicable:
– They correspond to the description given by the seller and have the qualities presented to the buyer in the form of a sample or model; – They have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or they have the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or their representative if it is established that they were not aware of them and were not legitimately able to know them.”
Article L. 217-7: “Lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”
Article L. 217-8: “The buyer is entitled to demand conformity with the contract. However, they cannot contest conformity by invoking a defect they knew or could not have ignored when contracting. The same applies when the defect originates in the materials they themselves supplied.”
Article L. 217-9: “In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the goods or the importance of the defect. In that case, they are obliged to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer can return the goods and get the price refunded or keep the goods and get part of the price refunded. The same option is open to them:
1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer’s claim; 2° Or if this solution cannot be without major inconvenience for the buyer considering the nature of the goods and their intended use. The resolution of the sale cannot, however, be pronounced if the lack of conformity is minor.”
Article L. 217-11: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not preclude the award of damages.”
Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.”
Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the movable property, according to the principles of the Civil Code.”
Article L. 217-15: “A commercial warranty means any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, replacement, or repair of the goods or the provision of any other service related to the goods, in addition to their legal obligations to ensure the conformity of the goods.
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, its implementation methods, its price, duration, territorial scope, and the name and address of the guarantor.
Furthermore, it clearly and precisely mentions that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 and by the warranty against defects of the sold item, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it.”
Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable property, a reconditioning covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the buyer’s intervention request or the provision for repair of the goods in question if this provision is subsequent to the intervention request.”
Civil Code
Article 1641: “The seller is bound by the warranty for hidden defects in the sold item that render it unfit for the intended use or that so diminish this use that the buyer would not have acquired it or would have given a lower price if they had known.”
Article 1648: “The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be relieved of apparent defects or non-conformities.”