There are the Terms and Conditions (T&C) governing the use of The31 website and the agreement that operates between you and us.
These Terms set out the rights and obligations of all users and those of The31 in relation to the goods/ services offered by us to this website or any of the other websites to which we may link.
2.THE PURPOSES OF THESE TERMS
We have the Terms and Conditions for different purposes:
- These Terms stipulate the proviso that govern your use of this website;
- These Terms set out all the rules applicable to your purchase of a product;
- These Terms contain information that you must to know, such as your rights under the French consumer code.
If you use or buy a product on this website, that means you accept our T&Cs. They are legally binding on both parties, us and you.
3. ORDERING A PRODUCT FROM US: HOW DOES THE CONTRACT APPLY?
When we sell a product to you, like any purchase, a contract is in place for that sale. This part of our T&Cs explains its terms of application.
Your order for a product through the Site is an offer to purchase that product from us. After receiving your order, we will send you an order confirmation email which lists each product you have wished to purchase and indicates an estimated delivery date.
This order confirmation email constitutes our acceptance of your offer. At this point, a contract will be concluded between us, consisting of you buying, and us selling, a product that you have wished to buy.
You will know the date on which we have dispatched a product because we will notify you by email.
The price of the products will be as indicated on our Site where applicable, except in the event of manifest error. These prices are inclusive of VAT, excluding delivery costs, which will be added to the total amount due. See our Shipping Policy for more information.
Our Site contains a large number of products and despite our best efforts, it may happen that the price of certain products referenced on our Site is inaccurate. In general, we will check prices as part of our dispatch procedure so that, if the correct price of a product is lower than the price stated by us, we will charge the lower amount when we dispatch the product to you. If the exact price of a product is higher than that shown on our Site, we may either contact you or ask if you are willing to place the order at the exact price, or we may contact you to let you know that we have canceled your order (and you will then have to place a new order if you still wish to purchase the product).
We accept all payment via the payment methods indicated here (link payment)
By placing an order on the Site, you confirm that the payment information you have provided is valid and that once your order has been accepted and processed by us, payment will be made in full.
6. AVAILABILITY OF PRODUCTS
We will always make an effort to fulfill orders, but our sole liability to you if a product is no longer available, or if we are unable to supply a particular product, for any reason, is to ensure that we do not charge you for the product.
Subject to availability, (see Clause 6 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.
Reasons for delay could include:
- Customization of products;
- Specialized items;
- Unforeseen circumstances;
- Delivery area;
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or canceling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
8. YOUR RIGHTS TO CANCELED YOUR ORDERS
In accordance with the French consumer code, you have 14 days following receipt of certain products to notify a retailer that you have changed your mind and wish to return the item. In reality, we believe that this period is not long enough, which is why we grant you a withdrawal period of 28 days following receipt of a product.
The French Consumer Code only applies to certain categories of products. This means that you cannot change your mind and return the following products: products which, for hygienic reasons, cannot be returned (for example, underwear).
If you change your mind, you must return the product to us within 28 days of the date you received the product. Keep in mind that the French consumer code obliges you to take care of the product until you decide to return it to us.
This does not mean that you do not have the right to try the product or inspect it to see if it is suitable for you. We simply ask that you treat our products with the same care that you will give in our brand. Therefore, try to save the labels, avoid tampering with hygiene protection or stickers, and keep the original packaging as carefully as possible.
You will not bear the cost of returning the product to us if you change your mind provided you use the delivery service we recommend, the details of which are mentioned in our Returns Policy. If we do not receive the product, we may agree to collect the product, at your expense. If you do not return the product, or if you have failed to take care of the product and we receive it damaged, we may make claims against you for loss or damage.
Full return information can be found in our Return Policy.
To let us know you have changed your mind and want to cancel your order, please email us at firstname.lastname@example.org. Please keep a copy of your cancellation email. Once your email has been sent, please follow the instructions in our Returns Policy on how to return the Product to us.
We will make a refund to you within 14 days, whichever comes first, of receipt of proof of postage of the products or the date on which we receive the products, including the cost of delivery of the products to your destination.
We process refunds via the payment method you used when placing the order. If you wish to exchange your product(s) rather than obtain a refund, please see the paragraph below.
9. I WANT TO CHANGE THE PRODUCTS INSTEAD OF CANCELED IT
If you wish to exchange your product for a different size or color, please notify us within 28 days of the date you receive the product. Please comply with the paragraph above on canceling your order and when you cancel your order, simply let us know that you would like an exchange in lieu of a refund.
If the size/color you requested in exchange is not available, we will let you know and a refund will be issued instead.
10. OUR RESPONSIBILITY TOWARDS YOU
We have taken the greatest care in preparing the material on our Site. However, the material displayed on our Site is provided without warranties or conditions as to its accuracy or suitability for a particular purpose. If you notice a problem, do not hesitate to report it to us and we will see if we can fix it.
If necessary, we may suspend access to our Site in order to undertake routine or emergency work. We decline all responsibility in the event of unavailability of the Site, for any reason whatsoever.
We accept no liability to you for any errors or omissions or technical problems which you may encounter or in connection with your use of the material on the Site, any links provided therein to websites or materials posted there.
If we breach these T&Cs, we will only be liable for losses suffered by you to the extent that they are a foreseeable consequence for both Parties, us and you, at the time you order the relevant product or use the Site.
These limitations and exclusions do not affect your statutory rights and apply only to the extent permitted by applicable law. Nothing in these T&Cs limits our liability for personal injury or death caused by our negligence.
Given that we sell products for personal use only, our liability to you does not in any way include commercial losses, such as loss of data, loss of profit, loss of turnover business or business interruption.
11. PROHIBITED CONDUCT/ BEHAVIOR
11.1 You must not:
(a) use the Services in breach of any applicable laws or regulations;
(b) use the Services to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) interfere with, disrupt, or create an undue burden on the Services, others or The31
(d) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content; or
(vi) contains financial, legal, medical or other professional advice.
If you believe that a user has breached any of the above conditions, please contact us.
11.2 The31 reserves the right to block or suspend any user of its Services, and to modify or remove any material uploaded, posted, transmitted or otherwise made available through the Services by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Services, you grant The31 a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose.
11.3 The31 is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available through the Services by any person other than The31. The31 does not endorse any opinion, advice or statement made by any person other than The31.
12. VIRUSES, HACKING AND EXTRACTION
You are prohibited from misusing our Site by knowingly introducing viruses, Trojan horses, worms, logic bombs, keyboard snoopers, spyware, adware or other material that is malicious or technologically harmful. You are prohibited from attempting to gain unauthorized access to our Site, the server that hosts our Site or any other server, computer or database connected to our Site. You are prohibited from attacking our Site via a “denial of service” or “distributed denial of service” attack.
By breaching this provision, you may commit a criminal offense under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. If such a violation is proven, your right to use our Site will be immediately terminated.
In addition, we expressly prohibit data collection technologies of any kind aimed at extracting elements from our Site, for any reason whatsoever.
13. ANNIVERSARY DISCOUNT
This single-use offer can only be used on products not benefiting from any offer. Offer valid for two weeks from receipt of code. Available on www.the31.fr or www.etsy.com/shop/The31Atelier only.
This offer does not apply to the purchase of gift cards. Small quantities only. Only one offer per transaction. No cash substitute will be given. Offer cannot be combined.
The31 employees are not eligible for this offer. Discounts applied will be deducted from refunds. The31 reserves the right to cancel or amend these terms and conditions on reasonable notice. Your statutory rights are not affected.
The31 reserves the right to cease, interrupt or withdraw your access to the site for any reason, including without limitation, for upgrades and maintenance of the site.