Terms of sale
Preamble
These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into between, on the one hand, ERVERTE, and on the other hand, any internet user wishing to place an order (hereinafter the “Customer”) via the ERVERTE website accessible at the following address: https://www.erverte.com (hereinafter collectively referred to as the “Parties”).
The Customer refers to any natural person making a purchase on the Website.
The Customer must be:
- either a natural person over eighteen (18) years of age with full legal capacity to contract;
- or a natural person under the age of eighteen (18) who is legally emancipated.
The Website refers to the portal www.erverte.com and/or any other address that ERVERTE may substitute or add.
An Order refers to any request for one or more products placed by a Customer with ERVERTE under the conditions set out in these GTC.
Products refer to the products marketed by ERVERTE and offered for sale on the Website.
These GTC govern the sale of all Products presented on the ERVERTE Website.
The Parties agree that their relationship shall be governed exclusively by these GTC, to the exclusion of any other conditions.
ERVERTE reserves the right to amend or modify these GTC at any time. In the event of modification, the terms in force on the date of the Order shall apply. In the absence of any specific provision, the customary practices of distance selling shall apply, in accordance with French law, which shall be the sole applicable law.
Any Order placed on the Website implies full, unconditional and unrestricted acceptance of the GTC in force on the date of the Order.
Article 1 – Company
ERVERTE is a simplified joint-stock company (SAS) with registered office at
ERVERTE SAS
58 Rue de Monceau
CS 48756
75380 Paris Cedex 08, France
registered with the Paris Trade and Companies Register under number 982 915 209 .
Article 2 – Purpose
These GTC define the rights and obligations of the Parties as well as all terms and conditions of sale, including ordering, payment and delivery, between ERVERTE and the Customer.
Article 3 – Products and Availability
ERVERTE offers ready-to-wear clothing and accessories for sale.
ERVERTE guarantees the authenticity of the Products offered for sale. Product and price offers are valid as long as they are displayed on the Website and subject to availability.
ERVERTE does not guarantee the availability of Products for any specific period. ERVERTE undertakes to inform the Customer by email or telephone in the event that a Product ordered is unavailable.
In the event that an unavailable Product has been charged, ERVERTE undertakes, within ten (10) days and at the Customer’s choice, either to refund the corresponding amount or to issue a credit note.
If one Product in an Order containing several Products is unavailable, ERVERTE will ship the remaining Products.
Products are presented and described with the greatest possible accuracy.
Article 4 – Order and Payment Terms
To place an Order on the website www.erverte.com, the Customer must:
- select the desired Product(s) by clicking on “Add to cart”;
- review the selection (size, price, etc.) and confirm the Order.
The Customer must then:
- log in using their email address if they are an existing Customer;
- or create an account by providing their personal details if they are a new Customer.
Delivery costs are free of charge.
Payment is made by credit card via a secure payment interface.
Once the Order is finalized, ERVERTE sends an order confirmation email to the Customer.
Article 5 – Prices
Prices are indicated in euros, all taxes included (VAT included), at the rate applicable in France.
Delivery costs are free of charge but do not include any customs duties that may apply.
Article 6 – Right of Withdrawal and Returns
In accordance with applicable consumer protection laws, the Customer has a legal right of withdrawal of fourteen (14) calendar days from receipt of the Products, without providing any reason.
In addition to this legal right, ERVERTE offers a commercial return policy allowing eligible Products to be returned within thirty (30) calendar days from delivery, subject to the conditions described below.
To be eligible for a return, Products must be returned:
- in their original condition,
- complete,
- unworn and unused,
- with original tags attached,
- in their original packaging,
- accompanied by proof of purchase.
Return requests must be sent by email to:
contact@erverte.com
Returns must be sent to the following address:
ERVERTE SAS
220 Avenue de la Californie
06200 Nice
France
Return shipping costs are free of charge for the Customer. If the return request is accepted, ERVERTE will provide return instructions and, where applicable, a prepaid return shipping label.
The refund of the returned Product price will be processed within a maximum period of fourteen (14) days after receipt and inspection of the returned Products and will be issued to the original payment method used during purchase.
Items returned without prior return authorization may not be accepted.
Article 7 – Limitation of Liability
ERVERTE is bound by an obligation of means. Its liability shall not be engaged in the event of interruption of the Website, external intrusion, computer virus, or any event attributable to a third party.
ERVERTE shall not be held liable for failure to perform its obligations in the event of force majeure, including strikes, natural disasters, fires, or disruption of transport services.
In any event, any compensation payable to the Customer shall not exceed the value of the Product(s) purchased.
Article 8 – Personal Data
In accordance with French Law No. 78-17 of 6 January 1978 and the General Data Protection Regulation (GDPR), the Customer has the right to access, rectify and delete personal data concerning them.
Any request may be made via the Website contact page.
Article 9 – Intellectual Property
All elements of the Website are protected by intellectual property law and are the exclusive property of ERVERTE. Any total or partial reproduction constitutes infringement.
Article 10 – Force Majeure
ERVERTE shall not be held liable for failure to perform its obligations in the event of force majeure as defined by French case law.
Article 11 – Governing Law and Disputes
These GTC are governed by French law.
In the event of a dispute, the Customer undertakes to contact ERVERTE first in order to seek an amicable solution.
Article 12 – Consumer Mediation
If you have not been able to resolve a dispute with ERVERTE after sending a written complaint by post or email specifying the nature of the dispute and your claims, you may refer the matter to the consumer mediator designated below, provided that you have first attempted to contact ERVERTE directly and either received a written negative response or received no response within two (2) months from the date of your complaint.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, ERVERTE has implemented a consumer mediation scheme.
The designated mediation entity is:
MÉDIATION CONSOMMATION DÉVELOPPEMENT
(abbreviated MED CONSO DEV)
The consumer may submit their request online via the mediator’s website:
or by post at the following address:
MÉDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, rue J. Constant Milleret
42000 SAINT-ÉTIENNE
France
Consumers may also access the European Commission’s online consumer dispute resolution platform available at:
https://consumer-redress.ec.europa.eu