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Terms and conditions



Preamble


These general conditions of sale (GTC) apply to all sales made on the www.evolsquad.com website.

evolsquad.com is a service of SAS YUMMY located at 10 rue du Colisée 75008 in Paris, France.
The customer declares to have read and accepted the general conditions of sale prior to the handover of his order. Validation of the order therefore implies acceptance of the general conditions of sale.


Article 1 - Principles

These general conditions express all of the obligations of the parts. In this sense, the buyer is deemed to accept them without reservation.
These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution channels. and marketing.
They are accessible on evolsquad.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship . The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.



Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to buyer, from the evolsquad.com website.

These conditions only apply to purchases made on the evolsquad website and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, please send a message to the following email address: serviceclient@evolsquad.com.
These purchases concern the following products: ready-to-wear wear, textiles and textile-related accessories.


Article 3 - Pre-contractual information

The buyer acknowledges having received communication, prior to placing his order and concluding the contract, in a legible manner and comprehensible, of these GCS and of all the information listed in article L. 221-5 of the Consumer Code.

The following information is transmitted in a clear and understandable manner to the buyer: the essential characteristics of the good; the price of the good; if applicable, all additional costs of transport, delivery or postage and all other possible charges payable; in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price; information relating to the identity of the seller, to his postal and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and terms implementation of guarantees and other contractual conditions.


Article 4 - The order

The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any item, while stocks last.

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 where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will take place within the framework of the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: serviceclient@evolsquad.com.


Article 5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of the sums due under of the order form;
- signature and express acceptance of all the operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the service customer to the following email: serviceclient@evolsquad.com.


Article 6 - Order confirmation

The seller provides the purchaser an order confirmation, by e-mail.


Article 7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as the proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.


Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and are indicated as sold and dispatched 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 in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.


Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated in time of order, subject to availability on that date.
Prices are indicated in euros (€). They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change may be passed on to the selling price of the products.


Article 10 - Method of payment

This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Payment of the price is made in full on the day of the order, according to the following terms:
- credit card
- paypal


Article 11 - Availability of products / Reimbursement / Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit of stocks available, those listed below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

- For standard deliveries in Metropolitan France and Corsica, the deadline is 3 , 4 days from the day following that on which the buyer placed his order, according to the terms of Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

- For express deliveries in Metropolitan France and Corsica, the deadline is 1, 2 days from the day following that on which the buyer placed his order, according to the terms of Chronopost. At the latest, the deadline will be 30 working days after the conclusion of the contract.

- For deliveries to a relay point in Metropolitan France and Corsica, the deadline is 4 to 9 days from the day following that on which the buyer placed his order, according to the terms of Mondial Relay. At the latest, the deadline will be 30 working days after the conclusion of the contract.

- For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the date or the agreed delivery time, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional time.
In the absence of performance at the end of this new time the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the purchaser of all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.


Article 12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
All parcels returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items.
If they have been damaged, the buyer must inform us by email at the following address: serviceclient@evolsquad.com
If the products need to be returned to the seller, they must object of a return request to our customer service (serviceclient@evolsquad.com) within 14 days of delivery. Any complaint made outside this period cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, labels, etc.).


Article 13 - Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in nature or in quality compared to the indications appearing on the order form. Any complaint made after this period will be rejected.
The complaint must be made by email to the following address: serviceclient@evolsquad.com.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded is at the seller's expense. The seller will email a return label to the buyer, who must print it and tape it to the package. The buyer must then drop off the package at a relay point via Mondial Relay.


Article 14 - 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 his order to return any item that does not suit him and request a refund without penalty.
We bear the return costs.
Returns must be made in their original condition and complete (packaging, accessories, label, etc.) allowing them to be resold in new condition.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised by email to the following address: serviceclient@evolsquad.com. It must be unambiguous and express the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed.
The reimbursement will be made within a period 14 days from receipt by the seller of the items returned by the buyer under the conditions provided above.


Article 15 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the 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 performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.



Article 16 - Intellectual property

The content of the website remains the property of the seller, the sole holder of the 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 is likely to constitute an offense of counterfeiting.



Article 17 - Data Protection

The personal data provided by the buyer is necessary for the processing of his order and the establishment invoices.
They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through our website evolsquad.com has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the procedures defined on the evolsquad.com website.


Article 18 - Partial non-validation

If a or several stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.



Article 19 - Non-waiver

The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.



Article 20 - Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and the any of the clauses, the titles will be declared non-existent.



Article 21 - Language of the contract

These T&Cs are written in French . In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.


Article 22 - Mediation and settlement of disputes

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the EU This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.



Article 23 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court of law.
This is the case for substantive rules as well as formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

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