General Sales Terms & Conditions

Article 1 • Terms and conditions scope and agreement

The company PICTURE ORGANIC CLOTHING (hereafter referred to as “PICTURE”) sells ethical and eco-friendly apparel and accessories (hereafter referred to as the “Products”).

The present general terms and conditions govern the sale of Products by PICTURE through the website www.picture-organic-clothing.com (hereafter referred to as the “Website”) to all persons over 18 years old purchasing products for non-professional purposes, residing in metropolitan France, Monaco, Germany, Austria, Belgium, the Netherlands, Luxembourg, and Hungary (hereafter referred to as the “Customer”).

When the Customer clicks on the confirm button to confirm their order for the Product(s) selected, they acknowledge having read and accepted the present General Terms and Conditions of Sale.

The Customer is encouraged to attentively read the following clauses.

The Customer must accept and agree to the present General Terms and Conditions of Sale before being allowed to purchase one of the Products present on the Website.

To apply the present General Terms and Conditions of Sale, the Customer and PICTURE are collectively referred to and the “Parties” and individually referred to as the “Party”.



Article 2 • Products

2.1 Presentation and key features

The Product photos or illustrations present on the Website are non-contractual. PICTURE is therefore in no way liable for any discrepancies between one of the photos or illustrations and the Product.

PICTURE informs the Customer of the key features of the Product for sale, especially with regard to:

·       the brand and model,

·       the Product references

·       the price,

·       the guarantees,

·       the technical features

·       etc. …

PICTURE encourages the Customer to read through the features.

PICTURE agrees to deliver Products that comply with current laws and regulations in effect, and in accordance with national and European provisions.



2.2 Availability

PICTURE agrees to fulfill all online orders base on available inventory.

The Products available are those published on the day the Customer visits the Website, unless otherwise mentioned or in special cases with an error in inventory due to a bar code and/or labeling problem.

At any moment PICTURE reserves the right to stop selling a Product, without negating any orders already made for said Product.

For an order that includes several products, if one of the products ordered is not available, PICTURE will still ship the order and only include the available products.

Under no circumstances will the Customer be invoiced for the unavailable product(s).



Article 3 • Price

The prices are indicated in euros and include the value added tax. The prices indicated do not include shipping costs or customs fees or any other duties and/or taxes related to importing the Products into the country where the Customer resides; if applicable, they are the Customer’s responsibility.

It is hereby stipulated that the value added tax is the VAT in France at the usual rate in effect and this until July 1, 2021, for the order confirmed.

Starting on July 1, 2021, Picture will apply the VAT in effect in the country where the product(s) is(are) delivered.

If the VAT rate is modified, this change could have repercussions on the price of the Products.

Additional processing fees, shipping fees, and packaging fees are invoiced. These fees vary based on the shipping method the Customer chooses.

Shipping fees are indicated in the “Delivery time and shipping fees” tab, as well as on the order summary provided when confirming the purchase.

PICTURE reserves the right at any moment to change the prices indicated on the Website, and without prior notice. The Products will be invoiced based on the prices in effect at the moment when the Customer confirms their order.



Article 4 • Customer account

All orders are placed online, through the Website.

When placing their very first order, the Customer has the option of creating a customer account or placing the order as a guest.

To place an order using a customer account, during the first connection, the Customer needs to create a login and a password.

When placing an order as a guest, the Customer will only be required to provide an email address and the necessary contact information to deliver the package.

In the event the Customer forgets their password, the Customer will need to enter their email address in the corresponding field and the system will automatically send a new password to their email address.

When creating their customer account, the Customer is liable for all the information provided. In the event of an error, especially with regard to the contact information of the recipient, PICTURE cannot be held liable in the event that it is impossible to deliver the Products.



Article 5 • Placing an order

The Customer places their order through the Website and chooses the number of Products, color, and size. All orders mean that the Customer agrees to the price(s) corresponding to the Product(s) ordered.

The Customer also must provide the delivery address, choose the shipping method, and indicate the payment method.

Once the ordered is filled, the Customer has the opportunity, in the summary, to verify the Product(s) ordered, the number of Product(s) ordered, and the total price of the order.

The Customer confirms their order by clicking on the Order button, and thus agrees to the order as well as the all of the present General Terms and Conditions of Sale, and this without exception.

The Customer then proceeds to payment. The Customer will receive a purchase order by email.

As soon as the order is recorded, an order conformation will be sent to the email address that the Customer provided.

The order confirmation specifies:

·       The order number,

·       The main Product features,

·       The number of Products,

·       The amount invoiced, including shipping fees,

·       Payment confirmation,

·       The shipping method and the delivery address for the order,

·       PICTURE’s contact information,

This order confirmation validates the transaction. The Customer accepts that the computerized order registration systems correspond to the proof of purchase and the date of purchase.

PICTURE reserves the right to refuse or to cancel an order if said order appears unusual, especially with regard to the quantity and prices in the order, and leaves PICTURE to believe that the Customer is purchasing the Products for the purpose of reselling them.



Article 6 • Payment and retention of ownership

Full payment is made at the time of the order, and in euros.

Payment can only be made by credit or debit card: CB, VISA, MASTERCARD, EUROCARD, and by PAYPAL.

The transaction is debited from the credit or debit card used by the Customer, right at the moment when the product(s) are to be shipped, after verifying the card information, and upon receiving payment authorization from the company issuing the credit/debit card used in compliance with article L.132-2 of the French Monetary and Finance code; the commitment to pay when using a payment card is definitive. By providing information relative to their credit or debit card, the Customer authorizes PICTURE to debit their credit or debit card for the amount that corresponds to the price of the Product(s) plus the shipping fees, and the value added tax.

The Customer provides the sixteen numbers of their debit or credit card, the expiration date when applicable, and the card security code.

In the event of fraudulent use of the credit or debit card used for their order, the Customer is encouraged to contact PICTURE at the following telephone number: +33 (0)4 73 26 75 43, Monday through Friday, from 09:00-12:00 and 14:00-17:00, during non-holiday periods, or by sending an email to the following email address: online@picture-organic-clothing.com

An order confirmation is sent to the Customer after each order. The invoice also remains available in the Customer account.



Article 7 • Secure payment

The Website is equipped with a secure payment system: SSL encryption protocol, reinforced with other scrambling and encryption protocols to protect as effectively as possible all of the sensitive data linked to the payment methods, especially the Dalenys plugin.



Article 8 • Delivery

The Products are shipped to the delivery address that the Customer provides during the order process.

It is the responsibility of the Customer to verify the completeness and compliance with all information provided to PICTURE, the latter being in no way responsible for any input errors or consequences in terms of delivery delay or error. In this context, all costs related to resending the Products will be at the Customer’s expense.

PICTURE ships orders within 3 to 5 days for deliveries in metropolitan France, Germany, Austria, Belgium, the Netherlands, Luxembourg, and Hungary, 7 days for Monaco.

It is specified that the shipping times indicated are in working days, and do not include Saturday, Sunday, or holidays, and correspond to average shipping times, including processing time, preparation time, and transport time. The time starts from the date when PICTURE officially confirms the order.

In the event the order arrives after the delivery date, the Customer has the option of canceling the sales contract by sending a certified letter with request for a receipt to the following address:



PICTURE ORGANIC CLOTHING

175 RUE GEORGES CHARPAK

63118 CEBAZAT

FRANCE



If, after providing PICTURE with a formal notice to ship the order within a reasonable timeframe, the latter is not executed within this timeframe, the contract is, in this case, considered terminated upon reception, by PICTURE, of the letter, except if the delivery was made in the interim.

In the event the sales contract is terminated, the Customer will be reimbursed as quickly as possible, by any means of payment, the entire sum paid, and no later than fourteen (14) days after PICTURE officially receives the certified letter.

PICTURE cannot be held responsible for the failure to properly execute the contract, especially with regard to shipping errors that are the fault of the Customer (incorrect or incomplete shipping address provided), unforeseeable and uncontrollable errors committed by a third-party involved in the contract, or in the event of a force majeure.

Shipping costs vary based on the geographic region of delivery, the shipping method selected, and the total amount of the order. This is detailed on the “Delivery times and costs” page. In any event, the shipping costs are provided to the Customer before order confirmation.



Article 9 • Receiving the order and Product compliance

When receiving the Product(s), the Customer is required to verify the state of the packaging and the integrity of the Product(s) delivered, and, if is the case, to indicate on the shipping company’s delivery slip all reservations and claims, and to inform PICTURE by sending a copy of the claims made with the shipping company by regular or electronic mail to the following address: PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT, FRANCE.

The Customer is also required to declare to PICTURE, within 5 days starting on the day of delivery, all shipping errors and/or missing items. All claims made beyond this timeframe will be denied without the possibility of recourse.

Upon delivery, the Customer is also required to verify the compliance of the Product(s) received as per the purchase order. PICTURE should be notified, within the legal timeframe, of all non-compliant or defective products.



Article 10 • Receiving the order and Product compliance

The Product(s) come with a warranty for a period of two (2) years, starting on the date of purchase by the Customer, for any design and/or manufacturing defects.

Excluded from the aforementioned warranty are the following types of damage to the Product(s) caused by:

·       improper use, abuse, or negligence;

·       failure to follow washing and maintenance guidelines and instructions, causing discoloration, deterioration, or shrinking;

·       falls or other incidents: impact marks, scratches, or cuts;

·       normal wear and tear.

In addition, PICTURE is legally required to provide a warranty in compliance with articles L.217-4 to L. 217-12 of French consumer law and laws regarding defective products sold, as per the requirements stipulated in articles 1641 to 1648 and 2232 of the French civil code.

With regard to compliance with the legally-required warranty, the Customer:

·       has a two-year timeframe to act, starting on the delivery date of the good in question;

·       Picture will offer to repair or replace the good, subject to the cost provisions as stipulated in article L. 217-9 of French consumer law;

·       must provide proof of the compliance defect of the good during the twenty-four months following delivery of the good.

The legal requirement to provide a warranty is independent of any agreed upon customer service guarantee.

In the event of a return due to non-compliance or hidden defect, the Customer must file a formal claim with PICTURE’s customer service department by filling out the following After-Sales Service form, describing in detail the defect or the non-compliance observed.

PICTURE will carefully review the Customer’s claim and proceed with, if justified, an exchange or reimbursement of the Product or Products, and shipping and return costs.

Returns for non-compliance or hidden defects will only be accepted with prior approval from PICTURE.


Article 11 • Right of cancelation

The Customer legally has twenty-one (21) days starting from the delivery date of the Product(s) to exercise their right to cancel an order without having to provide a motive, justification, or pay penalty fees, except for the return shipping costs, simply by filling out the cancelation request form available in the customer area.

Our customer service department must receive the product or products no later than 14 days after the request is made.

The Customer must send the Product(s) to the following mailing address:



PICTURE ORGANIC CLOTHING

175 RUE GEORGES CHARPAK

63118 CEBAZAT

FRANCE

 

It is the responsibility of the Customer to keep the drop-off receipt provided by the shipping company; the shipping company stamp serves as proof of the Product return date. Since the return is at the Customer’s expense, in the event of a lost package the Customer will not be reimbursed.

PICTURE will proceed with reimbursement of the products after receiving said products within the legally stipulated timeframe.

The risks and returns costs are at the Customer’s expense.

The right to cancel is reserved only for Products returned in their entirety, unused, in perfect condition, in their original packaging, and with a copy of the purchase order. Products returned with missing components, damaged, dirty, or broken will not be taken back.

In compliance with the provisions of French consumer law, the Customer may not exercise the right of cancelation for personalized Products or Products made according to their own personal specifications.

PICTURE does not make exchanges.



Article 13 • Customer service

For all information, questions, or claims, PICTURE’s customer service is available for the Customer:

·       by email: online@picture-organic-clothing.com,

·       by regular mail: PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT – FRANCE,

·       by telephone: +33 (0)4 73 26 75 43, Monday through Friday, from 09:00-12:00 and 14:00-17:00, during non-holiday periods.



Article 14 • Force majeure

PICTURE cannot be held liable for any delays or late deliveries due to a force majeure, meaning any unpredictable or uncontrollable external event.

PICTURE shall be excused of all obligations in the event of a force majeure in accordance with French jurisprudence. In this case, PICTURE will inform the Customer as quickly as possible of the duration of the force majeure event and of the foreseeable consequences.



Article 15 • Non-waiver clause

If PICTURE chooses at a given time not to enforce one or several of the clauses of the present General Terms and Conditions of Sale, this does not mean that PICTURE waives its right to enforce them at a later date.



Article 16 • Modification

PICTURE reserves the right at any moment to modify the provisions in the present General Terms and Conditions of Sale. The Customer is bound to these modifications.

All orders will be governed by the version of the General Terms and Conditions of Sale in effect on the day the Customer places the order.



Article 17 • Independent clauses

In the case where one (or several) provision(s) of the present General Terms and Conditions of Sale are considered null and void, the validity of the other provisions remain in effect unless they are considered indivisible and bound to the nullified provision.



Article 18 • Governing law - Disputes

The sales contract executed between PICTURE and the Customer falls under French law; all international conventions are excluded.

In the event of a dispute, the Customer is informed that they have the right to seek a consumer mediator after failure to resolve the dispute amicably with PICTURE, in compliance with French consumer law.

The Customer will find detailed information on this topic at the following website: https://www.economie.gouv.fr/mediation-conso

If a settlement cannot be agreed upon amicably, the courts in France have the exclusive authority. The court with the jurisdiction to adjudicate the dispute will be designated according to proper procedure in France at the time of the dispute.