Terms of sale – Human With Attitude

Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

Online sales website: humanwithattitude.com

  1. DESIGNATION OF THE SELLER

This website, www.humanwithattitude.com, is operated by URBAN LUX SARL, 1 rue Hoche, 95100 Argenteuil, France. Human With Attitude is a brand operated by URBAN LUX SARL.

Company registration number (RCS Paris): 498 801 695.

EU VAT number: FR65498801695.

Customer service can be reached by email: hello@humanwithattitude.com

  1. GENERAL PROVISIONS RELATING TO THE GENERAL TERMS AND CONDITIONS OF SALE, HEREINAFTER REFERRED TO AS THE “TERMS AND CONDITIONS”

2.1 Purpose of the Terms and Conditions

These Terms and Conditions apply exclusively to the online sale of Human With Attitude products on its sole online store, www.humanwithattitude.com. They are written in French and, in the event of any doubt regarding the interpretation of a translation, only the original French version shall prevail.

2.2 Scope of the Terms and Conditions

These Terms and Conditions exclusively govern online sales contracts for products sold by URBAN LUX SARL (hereinafter referred to as the “Seller”) to buyers acting as consumers (hereinafter referred to as the “Consumers”). Together with the order confirmation email, they constitute the sole contractual documents. Under no circumstances may they prevent the Consumer from exercising their statutory right of withdrawal.

2.3 Availability and enforceability of the Terms and Conditions

The Terms and Conditions are made available to Consumers on www.humanwithattitude.com.

The Consumer acknowledges having accepted all of the Terms and Conditions without reservation when placing an order.

Confirmation of the order constitutes the Buyer’s acceptance of the Terms and Conditions in force on the date and time the order is placed. The Seller ensures the storage and reproduction of the Terms and Conditions.

2.4 Amendment of the Terms and Conditions

The Seller reserves the right to modify the Terms and Conditions, in whole or in part, at any time, without prior notice and without having to pay any compensation to the Consumer.

In the event of an amendment to the Terms and Conditions, the applicable Terms and Conditions are those in force on the date and time the Consumer places the order. A copy may be provided to the Consumer upon request by the Seller.

2.5 Severability of the Terms and Conditions

The possible invalidity of any provision of these Terms and Conditions shall not result in the invalidity of the Terms and Conditions as a whole. Only the provision concerned shall be deemed unwritten and shall cease to have effect.

The temporary or permanent non-application by the Seller of one or more provisions of these Terms and Conditions shall not constitute a waiver by the Seller of the other provisions, which shall continue to apply and may remain to its benefit.

  1. PRODUCTS

3.1 Product characteristics

Consumers who wish to obtain additional information about a product may contact the Seller’s customer service department.

Each product offered for sale on the Site is accompanied by a description specifying its essential characteristics, in accordance with Article L.111-1 of the French Consumer Code.

A Consumer who places an order in the absence of any information regarding a product shall be deemed to accept the product in the actual condition in which it will be delivered.

Product photographs are provided for illustrative purposes only and do not constitute a contractual document. Differences may exist, including but not limited to, in the actual color of the product, its apparent material, and its finishes (zippers, buttons, stitching, etc.). The Consumer may not rely on a minor variation to request a refund or exchange of a product.

Product information is provided subject to typographical errors.

  1. PRICES

4.1 Sale prices

In accordance with Article L.113-13 of the French Consumer Code, the sale prices of each product offered on www.humanwithattitude.com are stated in euros, including all applicable taxes, excluding delivery costs. Any additional costs are indicated before the order is confirmed and are charged separately.

The total amount payable by the Consumer for their order is indicated on the order confirmation page.

4.2 Price changes

The Seller reserves the right to modify its prices at any time, without prior notice, either upwards or downwards.

In the event of a change in the price of a product after an order has been placed by the Consumer, the sale price applicable to the product shall be the price in effect on the date and time the Consumer placed the order.

  1. OFFERS

Online sales offers are available to all Consumers located in France or in a European Union country. Delivery is available worldwide, and additional charges may apply depending on the destination.

Online sales offers are valid while stocks last, unless a specific validity period is stated.

  1. ORDERS

6.1 Steps for concluding the online sales contract

To place an order, the Consumer must fill their virtual shopping cart with the items they wish to purchase. To do so, they select the desired product, indicate the size and color where applicable, select the desired quantity, and then click “Add to cart”.

The Customer is then redirected to a summary page displaying their selections, where they can check, correct or modify their order if necessary.

Once the selection has been confirmed, the Consumer must click the “Place order” button. This second click constitutes full and unconditional acceptance of these Terms and Conditions and forms the sales contract.

The Consumer is responsible for providing accurate and complete information when placing an order.

This information must enable the Seller and the carrier to perform their respective obligations under the best possible conditions.

The Seller shall not be held liable in the event of an input error or partial or incomplete information provided by the Consumer, without prejudice to the statutory guarantees for hidden defects or any applicable commercial warranty.

6.2 Order modifications

Any modification to an order requested by the Consumer after confirmation is subject to the Seller’s acceptance and the availability of the requested products.

A modification request can only be taken into account before the order has been prepared. The preparation time is generally 24 (twenty-four) hours, but may be shorter, and no guarantee can be given to the Customer regarding this timeframe.

The Seller is not required to take into account any late modification request received after the order has been prepared.

6.3 Order confirmation

The Seller reserves the right to refuse any order for legitimate reasons.

For example, an abnormally large quantity of items considering the buyer’s status as a consumer may justify the Seller’s refusal of an order.

The Seller reserves the right to refuse any order from a Consumer with whom there is an ongoing dispute that has not been definitively resolved.

In the event of refusal, the Consumer shall be fully refunded within a reasonable period and, in any event, within less than 30 (thirty) days.

6.4 Unavailability of ordered products

In the event that one or more products in an order are unavailable, the Seller shall inform the Consumer within a reasonable period and offer a product of equivalent quality and price. If the Consumer wishes, they may receive a refund or a credit note usable on the Site.

  1. TERMINATION

The contract may be terminated by the Seller in the following cases:

  • The Consumer refuses to take delivery of the ordered products.

  • The parcel is returned to the sender due to inaccurate information provided by the Consumer.

  • Non-payment of the purchase price, without prejudice to any legal proceedings that may be brought against the Consumer.

In all of the cases mentioned above, except for the statutory right of withdrawal, any deposit paid shall remain with the Seller as compensation.

  1. RIGHT OF WITHDRAWAL

Upon receipt of the products, the Consumer has a statutory withdrawal period of 14 (fourteen) days without having to provide any reason or pay any penalty.

Any return shipping costs shall be borne by the Consumer.

To exercise this right, the Consumer must send an email to customer service at hello@humanwithattitude.com. This email must include the order number, the Customer’s first and last name, and all relevant information.

Following this request, the Consumer will receive confirmation authorizing the return or exchange. Without this authorization, no return can be accepted at our warehouses.

Once the return has been authorized, the Consumer must return the products to the Seller.

The Consumer will be refunded within 30 (thirty) days following the date on which the products are received, provided that the products arrive at the Seller in their original packaging, complete, in perfect condition, with their tags attached, unworn, unwashed, and accompanied by the invoice. A return showing that any of these criteria has not been met will not be accepted and the product will be returned to the Consumer.

The risks associated with returning a product are borne by the Consumer. The Consumer is responsible for taking all necessary measures to secure the return shipment (packaging and protection). In the event that a shipment sent without a signature is not received by the Seller, the Consumer must provide proof of delivery of the product.

Without such proof, no refund can be issued. No refund will be made if the returned product has not been received by the Seller.

For this reason, we strongly recommend that all Consumers wishing to make a return use registered mail with delivery confirmation and signature.

Proof of delivery shall consist of the URBAN LUX SARL company stamp on the registered mail receipt or the signature of the person responsible for returns.

  1. PAYMENT

The full price is due upon confirmation of the order.

Payment is made through an independent secure platform via PayPal. In both cases, the Consumer’s banking information is not accessible to the Seller. It does not pass through any of the Seller’s servers. Only trusted third parties responsible for data encryption (PayPal) digitally process this information to ensure complete transaction security and optimal protection of banking information.

  1. DELIVERY

The Seller undertakes to hand the products over to its carrier within 2–3 business days after receipt of full payment for the order. This period is extended to 10 (ten) business days during the following periods: winter and summer sales, “flash” sales and private sales, and the year-end holiday period (from December 1 to January 10).

Delivery delays caused by an external circumstance shall not give rise to the payment of, or a claim for, compensation from the Seller.

Products are delivered to the address indicated by the Consumer on the order form.

A Consumer who accepts a product without making any reservations with the carrier shall be deemed to have accepted the product as delivered. The Consumer shall then lose the right to make any claim regarding the delivery.

In the event of damage to or partial loss of the product, the Consumer must make reservations upon receipt on the delivery note, a copy of which must be sent to the professional Seller, and within 3 (three) days following receipt, notify the carrier of these reservations by registered letter with acknowledgment of receipt, in accordance with Article L.133-3 of the French Commercial Code.

If the product does not conform to the order, the Consumer must submit a claim to the professional Seller in order to obtain replacement of the product or, where applicable, termination of the sale.

  1. WARRANTIES

Statutory warranties

All products supplied by the Seller benefit from the statutory warranty of conformity provided for under Articles L.211-4 to L.211-14 of the French Consumer Code and the statutory warranty against hidden defects provided for under Articles 1641 to 1649 of the French Civil Code.

Under these warranties, the Seller undertakes, at the Consumer’s choice, to refund or exchange defective products or products that do not correspond to the order.

AFTER-SALES SERVICE

Claims made under these warranties must be sent to customer service: hello@humanwithattitude.com

  1. LIABILITY

Exemption from liability

The Seller shall not be held liable in the event of non-performance or improper performance of the contract resulting either from the Buyer, from an insurmountable and unforeseeable act by a third party to the contract, or from force majeure.

Furthermore, as the Seller is subject to an obligation of means, its obligation shall be deemed fulfilled once it has handed the parcel containing the Consumer’s order over to the carrier.

The Seller shall therefore not be held liable in the event of non-delivery of the product.

Proof of fulfillment of its obligation shall be established by providing the carrier’s parcel deposit receipt, duly signed by the carrier.

Penalty clause

In all cases of non-performance of the Consumer’s obligations, the deposit paid when placing the order, except where the statutory right of withdrawal is exercised, shall remain with the professional Seller as compensation.

  1. TERMINATION CLAUSE

Termination of the order in the cases provided for in these Terms and Conditions shall be notified by registered letter with acknowledgment of receipt and shall take effect automatically without the need for legal proceedings.

  1. INTELLECTUAL PROPERTY

The materials reproduced on this Site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All texts and images presented on the Seller’s online store are protected worldwide by copyright and intellectual property rights; their reproduction, even in part, is strictly prohibited. This includes these General Terms and Conditions of Sale.

Any reproduction or distribution of these materials without the publisher’s prior written authorization may expose the infringing party to legal proceedings.

  1. PERSONAL DATA

The collection of personal data, its use for the processing of orders and the creation of customer databases, and its disclosure to third parties responsible for the execution, verification and payment of orders are subject to the consent of the person concerned.

The processing of personal data, which is retained by the publisher solely for the proper administration of orders and commercial relationships, is subject to a declaration to the French Data Protection Authority (CNIL).

The Consumer has the right at any time to access, modify, rectify and delete their personal data.

Personal data provided by customers is not otherwise disclosed to third parties.

Unless the Customer expressly objects, such data is incorporated into the customer database of URBAN LUX SARL.

In accordance with French Law No. 78-17 of January 6, 1978, the Customer has the right at any time to access and rectify their personal data. To exercise this right, the Customer must contact the company’s customer service by email, telephone or post.

  1. DISPUTE RESOLUTION – MANDATORY PRIOR CONCILIATION CLAUSE

In the event of a dispute between the Seller and the Consumer, the Consumer undertakes to initiate a conciliation procedure directly with the Seller in order to resolve the dispute, without the intervention of any third-party individual or legal entity.

This procedure replaces any other form of dispute resolution for a period of 30 (thirty) business days accepted by the Customer.

Claims must be sent to customer service: hello@humanwithattitude.com

  1. CONSENT TO MARKETING MESSAGES (SMS/RCS)

By signing up to receive communications via SMS and/or RCS, the Consumer agrees to receive automated and personalized marketing messages from Human With Attitude, a brand operated by URBAN LUX SARL, at the phone number provided, including account notifications, special offers and promotions. Message frequency may vary. Standard messaging and data rates may apply depending on the Consumer’s mobile plan. The Consumer may reply STOP to unsubscribe at any time, or HELP for assistance. Consent is not a condition of purchasing any products or services offered on the Site.