General Terms and Conditions for sale

Preamble

The General Terms and Conditions for sale presented here regulate relationship between Tendance Unique, Limited Liability Company (LLC) with a capital of 15 000 €, which the head office is located at 19, boulevard Rainier III / MC 98000 MONACO, registered in the Trade and Industry Registry of Monaco under the SIRET 13505901 and under the intracommunity VAT identification n° FR 44 000099662, and the customers who want to purchase on the website www.tendanceunique.com (here after “the customer”).

Tendance Unique sells exclusively products from reputed trademarks.

Tendance Unique respects the consumer’s protection and defence principles decreed by the professional code of distance selling.

Tendance Unique reserves the rights to adapt or modify the General Terms and Conditions for sale.

If modified, the current conditions will be applied to each order.

These conditions only apply to non-merchant customers.

Order

Every order implies the full acceptation of the General Terms and Conditions for sale.

Every order will be handled after full payment approval. Tendance Unique commits to honour every order within the limit of available stocks, and in case of unavailability, to inform the customer, to inform the customer by all means available; the customer will, then, be able to cancel his order and proceed to a refund, as the case may be, amounts already paid.

Tendance Unique reserves the rights to cancel or decline every order with a customer with whom a payment dispute from a previous order has already occurs.

Shipping

Shipping type – The products will be sent under 72 hours for every order placed from Monday to Friday, before 2 PM (orders places after 2 PM will be handled in priority the next working day), to the address indicated during the ordering process, provided that it is located in metropolitan France (Corsica included) or Monaco.

In case of mistake in the shipping details of the customer, Tendance Unique will not be taken for responsible of the impossibility to deliver the articles ordered.

Except in case of payment by cheque, the delivery will occur 8 days after the cashing

Shipping date

In case of a delay exceeding 7 days, if the products have not been expedited, the customer can denunciate the order by registered letter with acknowledgement of receipt and ask for refund of the order.

If the order has been sent before reception of the cancelling letter, for a delay exceeding 7 days, Tendance Unique will proceed to the refund of the order and shipping charges, when the package is received, complete, in perfect conditions with all of its tags and labels.

Tendance Unique is committed to inform the customers on the evolution of the handling of their order.

Prices

Indicated prices are expressed in euros and include VAT but do not include shipping fees which are to the customer’s expense.

Every evolution of the VAT legal rate applicable will be automatically applied on the products’ prices, upon its entry in force.

Shipping fees are applied once, for each order and can be shared for several orders placed for one sale and on the same credit card transaction.

For some products, the customer may have to pay additional postal charges fees.

Payment method

Full payment must be made upon ordering. At no moment credit paid can be considered as a deposit or advance payment.

The customer can pay his order by credit card or cheque.

For a credit card transaction, the customer will indicate the number appearing on the front card, the expiry date and the cryptogram on the back of the card (3 last numbers).

The communication by the customer of his credit card number stands as an authorisation for Tendance Unique to debit the account of the amount of the order.

No return for cash on delivery will be accepted for any reason.

Tendance Unique preserves the ownership of the products until full payment by the customer is received.

Purchases are securely realised. Payment method chosen by Tendance Unique avec 100% secured. For credit card payment (blue card, visa card, and e-blue card), the “Crédit Lyonnais” is in charge of payment security.

The solutions allowed protecting information the customers give to Tendance Unique to ensure compliance and security for each transaction.

Furthermore, to combat fraud, Tendance Unique set up a system implementing exclusion lists which can lead to: (I) ask, to secure the transaction, for some supporting documents once the payment has already been made, in case of automatic security alert triggered by information related to the order; (II) to block an order if the account has already been used to commit fraud.

For cheque transaction

Tendance unique accepts cheque transaction only for bank account located in France.

  • How to pay by cheque on our website?

You have to select “Cheque payment” as payment method while ordering and then the necessary information to send the cheque will be automatically given.

  • The cheque must to addressed in the order of Tendance Unique
  • Join the copy of your order that has been sent you be e-mail
  • Send your payment to the following address:

Tendance Unique

19, boulevard Rainier III

98000 MONACO

An email will be sent upon receipt of your payment and your cheque will be cashed immediately.

Copyright protection

Texts, pictures and images composing this website are the property of Tendance Unique. Reproduction in full or in part of the contents on any support whatsoever, without permission, is prohibited.

Satisfied or your money back

The products’ essential characteristics are exposed on www.tendanceunique.com in each description article sheet. The customer is fully informed that images, pictures and colours of the products sold on the website may not exactly correspond to the real garments in terms of image and colours because of the Internet browser or of the monitor used.

The customer, if not satisfied, shall have a period of 15 days from the expedition’s date to return the order and get the refund of the payment. The delay includes the legal retraction delay of 7 days as provided in articles L121-20 and following the Consumer Code.

The products must be sent back in their original unused condition and accompanied by a return voucher which you can print in the section “My account” accessible on the website www.tendanceunique.com, to the address indicated on the voucher.

In the absence of the return voucher, Tendance Unique will not be able to proceed to the refund of the products.

Items returned incomplete, damaged, used or dirty will not be accepted if they cannot be marketed.

The returned item will be refund in a maximum delay of 15 days upon its reception by Tendance Unique.

The refund will be an amount equal to the price of the product, credited on the account of the consumer. In case of partial or full payment by voucher, this part will be automatically refunded in voucher.

The customer will not be able to benefit of the retraction delay of 7 days if the item was manufactured with specification or personalised. Items are returned at the risk and cost of the customer.

Defect of an item

Tendance Unique is liable of lack of conformity of products at order and hidden defects in the conditions provided in articles 1641 and 1649 of the Civil Code.

In accordance with the provisions of Ordinance n°2005-136 of the 17 February 2005, articles of the Civil Code aforesaid and the articles from the Consumer Code relating to the consumer goods guarantees are those described in these general terms and conditions for sale.

Individual-related data

During visits on the website www.tendanceunique.com, Tendance Unique can ask for information to its customers through survey, forms and in particular during creation of user’s account.

These information are intended to register and handle orders, manage the account, marketing and statistics studies by Tendance Unique, responsible of the processing, with the goal to provide its customers with adapted offers, quality follow-up of its services and commercial prospection.

Tendance Unique will send its promotional offers by e-mail.

In accordance with law n°1.165 of 23 December 1993, you have the right to access, modify, retract and remove individual-related data that you have communicated. You can exercise this right by sending a letter to Tendance Unique 19, boulevard Rainier III / MC 98000 MONACO or an email at contact@tendanceunique.com.

For all information on protection of individual-related data, you can consult the website of the Commission for the Monitoring of Personal Information (www.ccin.mc).

During the account’s creation, the customer can chose to receive the commercial offers sent by the business partners of Tendance Unique.

Applicable rights and courts of jurisdiction

These general terms and conditions for sale are subject to Monegasque Law. In case of a dispute the exclusive responsibility is allocated to Monegasque courts qualified, notwithstanding multiple defendants or the introduction of third parties even for emergency procedures or enforcement procedures, on summary procedure or on application.

Reproduction of articles L211-4, L211-5 and L211-12 of the Consumer Code.

Article 211-4 The seller has to deliver a good in conformity with the contract and is liable to lack of conformity when delivered. He is also liable for lack of conformity that result from packaging and from set-up or installation instructions […] when such conformity was covered by the contract or was performed under its responsibility.

Article 211-5 To comply with the contract, the product must: 1 – fit for the purpose usually of a similar property and, where applicable:  – Match the description given by the seller and possess the qualities that has presented to the buyer as a sample or model;  – The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; Or 2 – have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

Article 211-12 Warranty claims must be accompanied by a proof of purchase that verifies the date of purchase.

Reproduction of articles 1641 and 1648 AL 1 of the Civil Code

Article 1641 A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 of the civil code, first paragraph: The action resulting from prohibitive vices must be brought by the buyer within a period of two years following the discovery of the vice.