Article 9 – Securing Transactions

In order to ensure optimal security of transactions for its Customers, the Company has chosen for its online shop https://dashshundminiaturerehoming.com the secure payment systems of the companies Adyen and PayPal. Both payment platforms allow the security of the Customer’s banking data thanks to their encryption. The Company does not at any time have the Client’s bank details.

The guarantees granted by the Company in terms of transaction security are identical to those obtained from its payment system publishers. When paying (with 3D Secure or PayPal), the Customer may be redirected to a secure authentication page.

When placing an order by telephone, the Customer must provide an operator with the number and expiry date shown on the front of his/her/their bank card and the visual cryptogram numbers shown on the back (or front) of his/her/their bank card.
All our operators are subject to a confidentiality clause and cannot repeat these elements aloud. The data provided by the Customer will not be recorded at any time by the operator. Once the payment is registered, the guarantees of the secure payment systems of Adyen and PayPal will apply as for a “classic” payment.

The Company may carry out credit checks with agencies to verify the identity and personal details of the Client indicated at the time of ordering. In order to do this , agencies will need to check the Client’s personal details against any database (public or otherwise). The Company may also use the Customer’s personal information in its fraud prevention and detection efforts. Placing an order means that the Customer accepts these conditions.

Article 10 – Delivery

10.1. Home delivery

Delivery of the Articles may only be made to the delivery address indicated by the Customer when placing the order. The Customer must ensure that the order includes a telephone number where he/she can be reached, as well as his/her/their exact address, including floor, building, digicode, etc.

The delivery of the Articles will take place after the payment of the order amount has been registered. Packages are shipped with the delivery note, the shipping confirmation of the order sent by e-mail will be the proof.

Except during sales or promotional periods, all validated orders will be prepared and dispatched to the delivery company on the next working day (except for express deliveries). In the event of an unusual delay, the Company will send an e-mail to the Client.

10.1.1. Express delivery

Express delivery is carried out via the UPS Saver service.
All orders placed before 2pm (GMT Paris, Monday to Thursday, excluding public holidays), will be prepared and dispatched the same day, and delivered to the Customer within one (1) working day of the dispatch date.
AAny order placed after 2pm (GMT Paris, Monday to Thursday, excluding public holidays), will be prepared and dispatched the next day, and delivered to the Customer within one (1) working day from the date of dispatch.
The package will be delivered during the day (between 9am and 6pm) from Monday to Friday. No deliveries can be made to post boxes.

*The Company draws the attention of its customers to the possible extension of this delivery time for Hong Kong SAR China, Norway, the United Kingdom, the United States of America, Singapore, and Switzerland, since it does not control the time required for customs controls. The Customer is invited to contact the carrier and/or the customs authorities for further details on the time limits in the event of an inspection.

The package will be delivered against a signature at the delivery address indicated on the order confirmation, unless specific arrangements have been made by the Customer directly with the carrier. In case of absence, the specific provisions of the carrier will apply.

Express delivery will be charged in foreign currency according to the following shipping costs:

*Free delivery for orders over US$ 150.

10.2. Exceptional closure – Delivery times

The Company undertakes to use its best efforts to deliver the Items ordered by the Client within the time limits specified in articles 10.1 above.

In particular, the Company informs the Client, who expressly accepts this when placing an order, that certain exceptional closures of the delivery service, in addition to the closures for public holidays referred to in Article 1 hereof, remain possible and may thus impact the Company’s ability to meet the delivery deadlines indicated in these General Terms and Conditions of Sale. The dates of these exceptional closures are not known in advance.

In any case, if the ordered Articles have not been delivered within thirty (30) days after the date of conclusion of the sales contract, for any other reason than force majeure or the fact of the Customer, the sale can be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 and L 216-3 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Article 11 – Right of Withdrawal and Return of Items

11.1. Right of withdrawal

The Company intends that Customers who are not satisfied with the items ordered should be able to exercise the right of withdrawal provided for in Article L221-18 of the Consumer Code under the best possible conditions.

Thus, the Customer may exercise his/her/their right of withdrawal, without having to justify his/her/their decision, up to fourteen (14) calendar days from the date of receipt of the items by the Customer or a third party, other than the carrier, designated by the Customer.

The Client exercises his/her/their right of withdrawal by informing the Company of his/her/their decision to withdraw by sending, before the expiry of the fourteen (14) day period referred to in the previous paragraph, the Withdrawal form provided by the Company or any other unambiguous statement expressing its wish to withdraw at the following address:
SPRWMN | Attn: American Vintage Returns, 7039 West Sunset Boulevard, Building “B”, Los Angeles – CA 90028, USA.

The right of withdrawal can also be exercised online, using the withdrawal form available onthe Site, in this case, an acknowledgement of receipt on a durable medium will be immediately sent to the Client by the Company.

11.2. Return of purchased items in case of exercising the right of withdrawal

The Client must return the Articles to the Company, at the latest within fourteen (14) days following the communication to the Company of its decision to withdraw, to the following address:
SPRWMN | Attn: American Vintage Returns, 7039 West Sunset Boulevard, Building “B”, Los Angeles – CA 90028, USA.

Each item must be returned in its original packaging, in perfect condition (unworn, unwashed, unstained), complete (accessories, instructions, labels, hygienic protection, etc.) and accompanied by the withdrawal form or return form, duly completed and signed.

The reimbursement of the totality of the sums paid for the returned Article(s), including delivery costs to the Client, will be made according to the method of payment for the Articles used at the time of validation of the order within fourteen (14) days following the date of receipt of the request for withdrawal from the Buyer or, if this date is later, (i) the date of receipt by the Company of the Items returned by the Client or (ii) the date on which the Client provides proof of dispatch of these goods (the date taken being the first of these two events). In the event that the Customer returns only some of the Items ordered and not all of them, the delivery charges will not be refunded.

It is the Customer’s responsibility to keep all proof of return, which implies that the items are returned by registered mail or by any other means that gives a certain date to this sending. The cost of returning the goods shall in any case be borne by the Customer.

In the event of depreciation of an Item resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, (in particular for Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been worn or used), the Company reserves the right to refuse to refund or exchange the damaged Item (unless it is a defective Item), which will be returned to the Customer. The Company will not issue any refund if the Items returned by the Customer do not correspond to the Item(s) ordered or have a different origin than the Company’s Online Shop.

Items purchased online cannot be returned directly to the shop.

In the event of a complaint, the Client may contact the Company through its Customer Service Department.

11.3. Extended returns during the festive season

During the festive season, deadline for returning items has been exceptionally extended to January, 31^st. Customers may return to sender any purchases made between November, 25^th and December, 31^st.

Conformity – Warranty

12.1. Legal guarantees

The Articles supplied by the Company are automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
– the legal guarantee of conformity, for apparently defective, damaged or damaged products or products that do not correspond to the order when the item is delivered,
– the legal guarantee against hidden defects in the item sold that render it unfit for the use for which it was intended, or that reduce this use to such an extent that the purchaser would not have acquired it or would have paid a lower price for it if he had known about them.

12.2. How to return items

The Company asks its Clients not to accept a damaged package (envelopes or cardboard boxes with visible traces of opening and/or deterioration) and to refuse it. All packages leave the Company’s warehouse in new condition and must be delivered in the same condition.

The Client must inform the Company as soon as possible (7 days) by e-mail, of any non-conformity of the Articles delivered or to contact the Customer Service. The Customer must return the Articles complete (accessories, instructions, labels, hygienic protection, etc.) and accompanied by the return form duly completed and signed to the following address: SPRWMN | Attn: American Vintage Returns, 7039 West Sunset Boulevard, Building “B”, Los Angeles – CA 90028, USA, by registered mail with acknowledgement of receipt or by any other means giving a certain date to the sending.
The Company reserves the right to ask the Client to return the defective product.
Provided that the origin of the defect is indeed attributable to the Company, the Company will exchange the non-conforming or defective Items (within the limits of available stocks) or refund the Client’s money, as desired.
The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.
The reimbursement of non-conforming or defective Items will be made as soon as possible and, at the latest, within thirty (30) days following the Company’s finding of the lack of conformity or the hidden defect. The refund will be made by crediting the Customer’s bank account.

The Company shall not be liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Client, nor in the event of normal wear and tear of the Product, accident or force majeure.

The Company’s guarantee is, in any event, limited to the replacement or reimbursement of products that do not conform or are affected by a defect.

Article 13 – Intellectual Property Rights

The Company is the owner of the domain name https://dashshundminiaturerehoming.com. The Site is an intellectual work protected by the laws of intellectual property. The Website as a whole and each of the elements that make it up (such as the script sources, basic data, films, photographs, logos, trademarks, drawings or models, texts, tree structures, software, animations, illustrations) are the exclusive property of American Vintage US Corporation. Sales made under these general terms and conditions of sale do not entail any transfer of intellectual property rights to the Customer.

Consequently, any reproduction, representation or modification, in whole or in part, of the Site or its content on any medium whatsoever is prohibited, except with the prior written authorization of the Company, in its sole and exclusive discretion.

Failure to comply with this prohibition constitutes an infringement that may give rise to civil iability on the part of the infringer, against whom the Company reserves the right to claim compensation for all damages. It is also forbidden to transmit to third parties information allowing the total or partial reproduction of the Site or its contents.

Article 14 – Litiges – Disputes – Applicable Law and Jurisdiction

These General Terms and Conditions of Sale and all sales contracts arising therefrom concluded between the Company and the Client are subject to French law. Customers residing outside French territory and to which our products are shipped and delivered, in the event of conflicts of laws that they may invoke the legal provisions of the jurisdiction in which they reside.

Any dispute whatsoever between the parties, within the framework or as a result of these general terms and conditions of sale (or of any of the contracts entered into in application of these terms and conditions of sale), relating in particular to its formation, interpretation, performance and/or termination, and which could not be resolved between the Company and the Client, shall be submitted to the competent courts under the conditions of ordinary french law rules.

The Client is informed that he may in any event have recourse to conventional mediation or any other alternative dispute resolution method, if a dispute has not been settled by means of a prior complaint lodged directly with the Company. To this end, the Customer may contact the Commission for Consumer Mediation (Consumer Code, art. L 612-1) or to the existing sectoral mediation bodies, the references of which can be found on the websitehttps://dashshundminiaturerehoming.com

In the event that the dispute arises from a national or cross-border online purchase, the Customer may also have access to the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase https://ec.europa.eu/consumers/odr/.

By express agreement between the parties, this agreement is written in French. In the event that it is translated into one or more foreign languages, only the French version shall be binding.

Remarks

The Company is concerned to always better meet the expectations of its Customers, so the Customer’s remarks are always welcome. The Customer may send any remarks and comments.

Annexe 1 – Legal Warranty Provisions

Article L217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

The property is in conformity with the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model,
– if it has the qualities that a buyer can legitimately expect in the light of public statements.

2° Or if it has the characteristics defined by the seller, by the producer or by his representative, in particular in the advertising or labelling; by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L217-16 of the Consumer Code

When the Customer requests the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the Client’s request for service or from the time the goods in question are made available for repair, if this is later than the request for service.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the intended use, or which reduce this use to such an extent that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.