GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1. Field of application
These general terms and conditions of sale (“T&C”) form, in accordance with article L 441-6 of the French Commercial Code, the sole basis of the commercial relationship between the Parties.
They are aimed at defining the conditions under which TO THE FIT (the “Supplier”) shall provide industry buyers (the “Buyers or Buyer”) who ask for the same via the Supplier's website (the “Website”), by direct contact or in a paper document, with products consisting in industry scale 1 pattern solutions with their technical documents (shapes, tables, measurements etc.), in sizes stated for Europe, North America and Asia, all of which shall be chiefly provided online in the form of files in the .dxf format, Gerber format (.gbr) andAdobe-openable .pdf format intended for brands, style firms and the garment industry in two ranges:
The Buyer is asked to download free of charge a pattern model available on the Website, particularly in order to verify the common data processing characteristics of the Products.
These T&Cs shall apply without restriction or qualification to all sales agreed by the Supplier with its Buyers, regardless of the clauses in the documents of the Buyer, particularly its general terms and conditions of purchase.
All orders for Products entail the acceptance by the Buyer of these T&Cs.
The information stated on the Supplier's Website is provided for guidance only and may be revised without notice. The Supplier shall be entitled to make any modifications it finds fit.
ARTICLE 2. Orders, Prices, Payment
The sales shall only be firm after the customer's order is accepted by the Supplier, as shown by the collection of payment in the transaction notice of the bank card or the PayPal system.
The products shall be sold at the Supplier's prices applicable on the day when the order is placed.
The prices are quoted net exclusive of VAT. They shall not include any taxes applicable or any customs duties, which shall be paid by the Buyer. Any Buyer established in the European Union outside France shall indicate its VAT identification number in order to benefit from invoicing without the application of French VAT.
ARTICLE 3. Delivery, Destination, Buyer's Rights
1. Products of the EASYFIT range
Products of the EASYFIT range purchased by the Buyer shall be delivered by email within a maximum period of 48 hours from the receipt by the Supplier of the price, along with a paid invoice in .pdf format.
The email shall contain a link for downloading the Product, which shall remain active for 15 calendar days.
The online sale of Products of the EASYFIT range from the Website shall be reserved exclusively for end users, namely the Buyers.
The Buyer of Products of the EASYFIT range may not sell on, dispose of, provide or transfer the purchased Products in any manner; the ownership of these designs shall remain with the Supplier.
Unless otherwise agreed, the Supplier shall retain the industrial and intellectual property rights relating to the Products of the EASYFIT range, which may not be disclosed to third parties without prior written permission from the Supplier.
Before they are provided to the Buyer, all the Products of the EASYFIT range shall be deposited virtually with a time stamp with the firm of SCP BRUN M.F. – PONT P. – TEIXEIRA T., Bailiffs, having their professional domicile at 4 allée du Laxia, 64181 Bayonne (France).
2. Products of the FITLAB range
The Products of the FITLAB range are patterns made to measure according to the Buyer's concept.
Because the service is tailored to the Buyer, the delivery time shall be agreed between the Supplier and the Buyer at the time of the preparation of the quote and shall particularly depend on the complexity of making the Product.
The Supplier undertakes to keep strictly confidential all the data and information that is transmitted to it by the Buyer as part of the making of the Product.
The industrial and intellectual property rights to the Product of the FITLAB range shall only be transferred from the Supplier to the Buyer after the full payment of the price of the Product agreed between the Parties.
ARTICLE 4. Data processing
As part of the online sale of its Products, the Supplier may collect the personal data relating to Buyers that may be required for saving, processing and monitoring orders, such as: name of the company, title, surname, first name, delivery address, invoicing address, email address and password, telephone number etc.
In order to be able to buy a Product from the Website under a first order, the Buyer shall open a customer account and complete an order form setting out certain required fields so that its selection may be processed by the Supplier. Subsequently and for all new orders, the Buyer shall be identified with the help of its email address (identifier) and its password, which it agrees to keep confidential, by clicking the link Log in.
The information submitted by the Buyer as part of the opening of its customer account or on the occasion of each of its orders shall be complete, accurate and up to date. Failing that, the Supplier shall not be able to fulfil the orders.
Such collection and processing of personal data relating to the Buyer shall be reported to the French National Commission for Information Technology and Civil Liberties in accordance with the provisions of French Act 78-17 of 6 January 1978 relating to data processing and personal liberties (receipt no. xxxxxx]). All or part of the data concerned may be communicated by the Supplier to the Supplier's commercial partners if the Buyer agrees to the same and has expressly indicated the same on the Website.
The Buyer shall have the right to access, rectify and delete the personal data relating to the Buyer collected and processed by the Supplier. It may at any time exercise that right by logging in and accessing the My personal information and My addresses sections of the Website, where it may update the personal data saved in its customer account.
ARTICLE 5. Liability of the Supplier, Guarantee
The Products shall be supplied in the form of files in a format commonly used by the garment design and manufacturing industry. If a file is damaged, in order to enforce its rights, the Buyer shall inform the Supplier in writing of the existence of the defect within a maximum period of 15 days from its discovery; failing that, the Buyer's right to action shall lapse.
The guarantee of the Supplier shall be limited to the sending by email of a new link for downloading the Products that are nonconforming or affected by a defect.
Any other guarantee, direct or indirect liability, shall be excluded.
ARTICLE 6. Disputes
Any disputes arising out of this Agreement in respect of its validity, interpretation, performance, termination, the consequences of the same and ensuing affairs shall be brought before the courts of Paris.
ARTICLE 7. Applicable law, Language of the Agreement
The Parties expressly agree that these T&Cs and the purchase and sale transactions resulting from them shall be governed by the laws of France.
They shall be prepared in French. If they are translated into one or more languages, only the French text shall be the authentic text in the event of a dispute.
ARTICLE 8. Acceptance by the Buyer
These T&Cs are expressly agreed and accepted by the Buyer, which hereby declares that it is fully aware of the same by clicking the I accept button, which is required for confirming the order.