Terms and conditions of sale of Mode Tendance
Scope and contracting parties:
These Terms and Conditions of Sale (hereinafter "T&Cs") apply to all online sales transactions made on the mode-tendance.com website, a fashion and trendy accessories platform operated by Mode Tendance (hereinafter referred to as "Mode Tendance" or "We").
Seller identification:
The seller is Mode Tendance, a company specialising in the online sale of clothing and fashion accessories. The full details of our company, including address and contacts, are available in the "Contact" section of our website.
Customer eligibility:
To make a purchase on mode-tendance.com, you must be at least 18 years old and have the legal capacity to enter into a contract (hereinafter referred to as "you", "your" or the "Customer"). Minors under 18 or persons without legal capacity must make their purchases through their parents or legal guardians.
Application of the T&Cs:
By making a purchase on mode-tendance.com, you explicitly and unreservedly accept the terms of these T&Cs. We recommend that you read them carefully before any transaction.
Conclusion of the contract
The finalisation of a contract following an order on mode-tendance.com is done in English. Before finalising your order, you have the opportunity to review and modify all details (such as name, address, payment method and selected items). By providing all necessary information and clicking on the "Buy" button at the last step, you confirm your order with Mode Tendance, unless explicitly stated otherwise.
Following your order, you will receive a confirmation email indicating that we have received your order (hereinafter the "Order Confirmation"). This confirmation email does not mean that we have accepted your order, but simply confirms its receipt. We reserve the right to limit quantities ordered per household. If you do not receive an Order Confirmation within 3 days, consider that your order has been refused and any payment made will be refunded. The sale is considered concluded once you receive a shipping confirmation email, or at the latest when the items are dispatched.
Ordered items must be paid for in advance. If payment is not received within fourteen days of the order date, the order will be cancelled and no compensation can be claimed.
For personal archiving purposes, all important information regarding your order will be sent to you at the latest at the time of delivery of the items.
Item selection and ordering on mode-tendance.com
1) Item selection and cart management
Adding to cart: find the fashion items you like on mode-tendance.com and add them to your cart by clicking on "Add to cart".
Viewing and modifying the cart: you can view your cart at any time by clicking on "Cart" and remove items by selecting the "X" button. Adjust quantities, choose a delivery method and a payment method according to your preferences.
Finalising the purchase: to purchase the items in your cart, click on "Order".
2) Address entry and login
Account login: if you already have an account on mode-tendance.com, log in with your email and password. Otherwise, you can create an account or order as a guest.
Billing and shipping address: enter your billing and shipping address. Required fields are indicated by an asterisk (*). Your data is secure and encrypted.
Order review and confirmation: after entering your information and selecting the payment method, click on "Next" to access the order summary page. You can finalise your order by clicking on "Order with obligation to pay". You can cancel at any time by closing your browser.
Prices on mode-tendance.com
Price display: all prices displayed on mode-tendance.com are retail selling prices. They include the Value Added Tax (VAT) applicable at the time of purchase and are displayed excluding shipping costs.
Charged prices: the prices charged are those indicated on mode-tendance.com on the date of your online order or reservation. We are committed to maintaining total transparency on pricing.
Price validity: the prices indicated on mode-tendance.com are specific to our online store and may differ from those displayed in stores or in our catalogues. They are valid only for purchases made on the mode-tendance.com website.
Price variability: prices displayed in stores or on other platforms may vary depending on regional specificities or local offers. These differences reflect the particularities of each market and do not apply to orders placed on mode-tendance.com.
Warranty and liability limitation at Mode Tendance
Reporting of defects and damages
If the items you receive from Mode Tendance have obvious material or manufacturing defects, or transport damage, we encourage you to report them immediately to Mode Tendance or to the carrier. Although there is no formal obligation on your part, reporting helps us improve our service and take measures against the carrier if necessary.
Return of defective items
If you receive items with the mentioned defects, you can request a return label from our customer service. Mode Tendance reserves the right to refuse the chosen solution if it entails disproportionate costs or major inconvenience for the company.
Provided information
The information, drawings, illustrations, technical data, etc., present in our communication materials are provided for indicative purposes. Mode Tendance does not guarantee the absolute accuracy of this information. Only the information contained in the Order Confirmation is contractual.
Liability limitation
Mode Tendance is only responsible for direct and foreseeable damages related to the violation of essential contractual obligations. Essential contractual obligations are those indispensable for the correct execution of the contract. In case of minor negligence, our liability is limited. This limitation also applies to the legal representatives and employees of Mode Tendance. You are nevertheless required to take appropriate measures to avoid and reduce damages.
Legal rights of consumers
This limitation does not deprive you of your rights as a consumer according to the legislation applicable in your country of residence. In case of mandatory legal liability (for example, the legal guarantee of conformity and the guarantee of hidden defects according to French law), Mode Tendance complies with the legal provisions.
Legal warranty
In accordance with legal warranties, Mode Tendance undertakes to refund or exchange defective products or those not conforming to your order. However, we reserve the right not to respect your choice if it implies disproportionate costs or major inconvenience for the company.
Reference to articles of the French Consumer Code and French Civil Code
Article L. 217-4 of the Consumer Code:
"The seller delivers a good conforming to the contract and is responsible for conformity defects existing at the time of delivery.
The seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been charged to him by the contract or carried out under his responsibility."
Article L. 217-5 of the Consumer Code:
"The good is conforming to the contract:
1° if it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model
– if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2° or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
Article L. 217-7 of the Consumer Code:
"Conformity defects that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the good or the conformity defect invoked."
Article L. 217-12 of the Consumer Code:
"The action resulting from the lack of conformity lapses two years after delivery of the good."
Article L. 217-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law."
Articles 1641 and 1648, paragraph 1 of the French Civil Code relating to the legal warranty for hidden defects are reproduced below:
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price, had he known them."
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."
Right of withdrawal at Mode Tendance
Applicability:
The right of withdrawal is applicable only to consumers for purchases made on mode-tendance.com, in accordance with Article L. 221-1 of the French Consumer Code.
Withdrawal period:
You have a period of fourteen days from the receipt of the items to exercise your right of withdrawal, without having to justify reasons. This period is extended until the following working day if it expires on a Saturday, Sunday or public holiday.
Withdrawal procedure:
To exercise your right of withdrawal, you must inform Mode Tendance of your decision by a clear declaration (e.g. letter or email).
Withdrawal address:
Mode Tendance
194 rue des Jardins (6A)
68130 Aspach
France
You can use the withdrawal form available on our site or any other explicit declaration. The use of the model form is not mandatory.
Validity of withdrawal:
The withdrawal is considered valid if it is made before the end of the fourteen-day period.
Consequences of withdrawal:
In case of withdrawal, Mode Tendance will refund all payments received, including standard delivery costs (based on the cheapest shipping costs we offer you at the time of your order), within fourteen days of receiving the return of the items or proof of their dispatch. We do not cover refunds for more expensive express shipping.
For partial withdrawals, delivery costs will not be refunded due to their flat-rate nature.
The refund will be made via the same means of payment as that used for the initial transaction, unless otherwise agreed.
Return of items:
You must return the items within fourteen days following the notification of your withdrawal.
Returned items must be in their original condition, unworn, unmodified, with their tags intact, and in their original packaging.
You are responsible for any deterioration of the items that would diminish their value, due to unnecessary handling to examine their nature, properties or functionality.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to sealed items that cannot be returned for reasons of health protection or hygiene if their seal has been removed after delivery.
Privacy policy and data protection
At Mode Tendance, we take the protection of your personal data very seriously. All information collected during your visit to our website or during the purchasing process is treated in accordance with applicable data protection laws.
Data collection and use:
We collect and use your personal data only to the extent necessary to provide a functional website, our content and services. This data may include your name, address, email address and payment details.
Data storage:
Your data is stored securely on our servers and is protected against unauthorised access.
User rights:
You have the right to request information about the data we hold about you, as well as to request its correction or deletion. You can also withdraw your consent to the processing of data at any time.
Cookies:
We use cookies to improve the user experience on our website. You can adjust your browser settings to refuse cookies if you wish.
Applicable law and jurisdiction
These Terms and Conditions of Sale are governed by French law. In case of dispute, the French courts will have exclusive jurisdiction.
Modifications to the Terms and Conditions of Sale
Mode Tendance reserves the right to modify these Terms and Conditions of Sale at any time. The modifications will come into force upon their publication on the website.
Contact
If you have any questions about these Terms and Conditions of Sale, please do not hesitate to contact our customer service:
Email: contact@mode-tendance.com
Postal address: Mode Tendance, 194 rue des Jardins (6A), 68130 Aspach, France