Terms & Conditions
PLEASE READ THESE TERMS OF SALE AND USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS. THEY INCLUDE DIFFERENT LIMITATIONS AND EXCLUSIONS AS WELL AS A CLAUSE GOVERNING THE JURISDICTION AND THE PLACE OF COMPETENT IN THE EVENT OF DISPUTES.
ANY ORDER IMPLIES FULL AND ENTIRE ACCEPTANCE OF THE PRESENTATIONS.
OUR COMMITMENT: TO COLLECT ONLY THE DATA THAT ARE USED TO GUIDE YOU IN THE CREATION OF YOUR SHIRTS AND TO DELIVER IT TO YOU.
Preamble
The SARL Company RUIZ SUR MESURE PARIS (hereinafter “the Company”) carries out, in particular, a retail activity specializing in made-to-measure shirts and suits. Governed by article L441-6 of the Commercial Code and in accordance with article L111-1 of the Consumer Code, these general conditions of sale (hereinafter the "GTC") determine the rights and obligations of the parties to the contract relating to any order placed on the ruizsurmesure.com site (hereinafter “the Site”), in a physical store or through distributors.
By the sole fact of validating his order on the Site or making the payment, the Customer declares to have read, understood and accepted without reservation the terms of the said order as well as all of these GTC.
The GTC are only valid in the French language and are applicable in their terms on the date of validation of the order on the Site (hereinafter “Order”) according to their wording on the Site.
The Company reserves the right to modify and update the T & Cs without notice.
To be informed of these possible modifications, the Company advises the Customer, and in general any user, to re-read the Terms and Conditions of the Site regularly.
Article 1 - Object
The purpose of these T & Cs is to define the conditions of use of the Site and of all services accessible via the Site, including the transmission of online measurements, the use of the “NETTELO” 3D measurement and the Order (hereinafter “ Service ”) as well as any Order placed on the Site. The special conditions, expressly mentioned as such, apply specifically and exclusively to orders made on the occasion of ephemeral stores or gift boxes (shirt kit); where applicable, they take precedence over the general conditions for the elements they govern.
Article 2 - Legal capacity
To place an Order, it is imperative to be of legal age and capacity, that is to say legally considered as authorized to enter into a contract.
Article 3 - Availability of the Service
The Service is in principle accessible by the Customer 24 hours a day, 24 days a week and all year round, except in the event of interruption, voluntary or not, regardless of the cause. It could in particular be maintenance.
The Company being subject by its activity to an obligation of means, it cannot be held responsible for any physical, material or moral damage caused by the unavailability of the Site. The various offers presented by the Company are valid as long as they are announced on the Site and within the limits of available stocks, in particular but not exclusively concerning the choice of fabrics offered to the Customer and the production capacity of the workshop.
In case of unavailability of one or more products or services after placing the Order, the Customer will be notified by email as soon as possible. The amount of his Order will be recalculated and the Customer will be debited for the new amount, less missing products, and reimbursed for unavailable products. In this case, the Company cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.
Article 4 - Order
The transmission by the Customer of the measures necessary for the making of the shirts and the registration of the Order require identification on the Site. The Customer who is not registered must first create an account on the Site to be able to order.
After indicating his measurements and his choice of fabric and finish then validation of the payment, the Customer receives an email informing him that his order has been registered. The creation of a customer account implies registration of the customer to the newsletter of the company. If desired, the customer can unsubscribe from the Newsletter with a single click in the footer of any Newsletter message.
When the Customer confirms his Order by clicking on the “Confirm my order” icon, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these GTC, prices, measures, volumes, characteristics, quantities and delivery times of products offered for sale and ordered by the Customer.
Any order recorded is thus worth acceptance of the price and the description of the product. The Client must ensure that the information provided to the Company is checked for accuracy and conformity. The latter cannot be held responsible for the consequences of any data entry errors. Also, in the event of an error in entering the e-mail address concerned, or of non-receipt of the Order confirmation e-mail message, the Company cannot be held liable. In this case, the sale will be considered final, except in cases of cancellation of the Order by the Company, in particular for unavailability of products.
The Company reserves the right to refuse or cancel any order for legitimate reasons, for example in the event of problems relating to the payment information transmitted by the Customer or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.
The contract between the Client and the Company will only be concluded upon receipt by the Client of an email confirming payment by the Company.
Article 5 - Special conditions
Shirt orders made on the website or in the showroom or partner stores
Prior to the Order, the Customer is invited to communicate to the Company the fit adjustments to be made on the reference shirt (s) of their choice, as well as their preferences in terms of fabric and finishes. The Company will make its best effort to produce the shirt as ordered.
The customer will be able if he wishes to indicate his weight, his height and his date of birth to help the Company to create for him an ideal shirt.
The Order is considered registered and the final sale on receipt of payment.
Article 6 - Prices and Payment
The prices of the Service are those presented on the Site including all taxes (application of French VAT, regime 21, at the rate of 20%) for Orders deliverable in mainland France including all customization options and shipping costs.
Regarding Orders deliverable in the European Union excluding Metropolitan France, the prices of the Service are those presented on the Site including all taxes, excluding shipping costs (application of French VAT, regime 21, at the rate of 20%). For Orders deliverable outside the European Union, the prices of the Service are exclusive of tax (exemption in application of article 262-1 of the CGI). To this are added the delivery costs to be consulted when checking the transport before confirming the order.
The Company thus draws the Customer's attention to any customs duties applicable to international orders according to the legislation in force in the receiving country.
Service prices and delivery charges are subject to change at any time, however changes will not affect orders already paid and registered. Payments made on the Site must be made by credit card. The Company accepts payment by Mastercard, and Visa.
Any payment made by credit card will be processed by a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties. It is up to the Client to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.
The Customer guarantees the Company that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally provide access to sufficient funds to cover all the costs resulting from his Order. The Company cannot be held responsible for any fraudulent use of the means of payment used.
The Company reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that would be due by the Customer or in the event of payment incident.
Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to unpaid amounts at the end of a period of ten days following the supposed payment date or upon notification of the bank payment re-payment. for any other means of payment.
The delivery of any new Order may be suspended in the event of late payment of a previous Order, and this notwithstanding the stipulations herein.
Article 7 - Terms and conditions of delivery
The products purchased on the Site and objects of the Order are delivered to the address communicated by the Customer prior to the registration of the order. The products will be delivered by the intermediary of a service provider to the address indicated by the Customer on the Site when placing their order.
The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times noted, excluding holiday periods and cases of force majeure. The Company cannot be held responsible for the consequences due to a delay in delivery.
In all cases, if the package is returned to the sender, a second delivery will be made at the Customer's expense.
If the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this Order, including any additional delivery costs, will remain with the Company.
Article 8 - Delivery problem
The Customer is required to notify the Company by email at contact@ruizsurmesure.com or by telephone: 01 79 72 62 61 any reservations on the delivered package (for example: damaged package, already opened, missing parts) within 2 days following receipt of the Order.
In the event that the defective product is proven, the Customer may benefit from the conditions provided for in cand article. If the product is found to be defective, the Customer will receive a new product, after investigation, responding to his choice of finishes within the limit of stocks available after return of the package for investigation. In the event of a shortage of stock, the Customer is invited to contact the Company at contact@ruizsurmesure.com or by telephone: 01 79 72 62 61 in order to receive an equivalent product.
In any event, the Company's liability is limited to the value of the Order.
Excluding rights provided for in Article 9 hereof, it is expressly agreed between the parties, in accordance with Article 10 hereof, that no return will be possible due to the very nature of the service offered: the Customer places an order relating to a personalized service and will not be able to request a return if the product (s) do not suit him (s).
Article 9 - Cooling off period - Guarantee
SHIRTS: In accordance with article L.221-28 of the Consumer Code, no right of withdrawal can be exercised by the Customer from the date of registration of the Order, the latter relating to goods made to customer specifications. No return or refund can therefore be made on this basis. However, RUIZ SUR MESURE PARIS offers a Satisfaction Guarantee on the cut.
GIFT BOXES & SHIRT KITS: They can be returned, at the customer's expense, within 14 days from the date of receipt and refunded to the credit card used for payment. Contact us in this case. After this time they cannot be returned.
Returns of kits boxes must be made at the expense and risk of the customer, to the address:
RUIZ SUR MESURE PARIS HEADQUARTERS
25 STREET LENEPVEU 49100 ANGERS
If the package is not returned by the customer within fourteen (14) days of receipt of his order, the proof of deposit retained by the Customer being proof, or if the package is not returned within the correct condition, the return is considered canceled and the customer must keep the package.
Article 10 - Characteristics - Product conformity
The Company may modify the Service at any time, without prejudice to Orders placed by the Customer.
In accordance with Article L. 111-1 of the Consumer Code, the Customer may, before placing his Order, acquaint himself with, on the Site, the essential characteristics of the services and / or product (s) he wishes to order and customization options permitted by the Service.
It is expressly agreed between the parties that the products ordered by the Customer are manufactured in accordance with the indications communicated by the Customer prior to his order. The Customer has full knowledge and fully accepts the feature of the Service.
The information mentioned on each product page of the Site is that communicated to the Company by the suppliers and subcontractors in charge of making the products or taking “NETTELO” 3D measurements.
The Company does not intervene in the creation or design of this information and cannot be held responsible for any consequences related to this information.
The Company will make its best efforts to ensure that the photographic representation of the products or services on the Site is as faithful as possible to the products or services themselves. However, given the digital presentation of products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the products or services does not correspond exactly to the product or service itself, in particular concerning the customization options inherent in the Service, which the Customer admits and recognizes.
The products comply with current French legislation. The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way bind the Company.
Without prejudice to the previous stipulations, the Company will be required to take back any product ordered in the event of delivery of a defective product or one not in conformity with the order, after verification of the lack of agreement indicated by the Customer between the customization information transmitted by the Customer and the delivered product. The Customer noting the delivery of a product that does not comply with the Order or is defective is invited to contact the Company's customer service by email at contact@ruizsurmesure.com or by phone: 01 79 72 62 61 in order to report the defect or non-conformity of the product, then to reship the product in question in its original packaging accompanied by the return number communicated by customer service. The Company, after confirmation of the defect or non-conformity of the product and subject to available stocks, will make a new delivery respecting the Order within a maximum period of one month, failing the exchange of the product by another similar or the cancellation of the Order (with reimbursement of the sums paid).
Article 11 - Liability
The Company offers a product distribution service, but is in no way the designer or manufacturer of these products. Therefore, the Company cannot under any circumstances be held responsible in the event of bodily injury or / and intangible and / or material damage that may result from the use of the products ordered, which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer.
Any complaint that may result from the use of the products covered by the Order must be sent to the Company as soon as possible with a view to their transmission to the subcontractor manufacturer concerned, who is solely responsible for any bodily injury or / and intangible and / or materials that may result from the use of its products.
The responsibility of the Company under the obligations of these General Terms and Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Customer, or upon the occurrence of an event of force majeure as defined by the French courts or any other event which was not reasonably under the exclusive control of the Company.
The information accessible on the Site is provided "as is" without warranty of any kind, whether implicit or explicit, in particular concerning integrity, accuracy, timeliness, non-infringement, availability, the reliability or completeness of the information, products, accessories or services appearing on the Company's Site or their suitability for the use that the Customer intends to make of it.
The Company cannot be held responsible with regard to the items sold on its Site, in particular in the event of non-compliance with their instructions for use. The Company cannot be held liable for any damage caused to the Customer or to a third party resulting from such improper use.
Thus, the Company declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the Site. In the event that the Company's liability should be established and retained due to damage suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the Customer. to the society.
Any complaint filed by a user, including any Customer, against the Company must be formulated within 3 months of the occurrence of the event object of the complaint.
Article 12 - Retention of title
The Company retains full ownership of the products sold until full receipt of the full price, in principal, costs, taxes and compulsory contributions included.
Article 13 - Intellectual property
All the elements reproduced on the Site and in particular, but not exclusively, the texts, comments, works, illustrations, images and brands are protected by intellectual property. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.
Article 14 - Signature and proof
The Company works to protect the personal information of its customers by ensuring a high level of security. However, it is the Customer's responsibility to maintain the security of their online transactions, for example by not communicating their username (Customer's e-mail address) and / or password to anyone and by regularly changing their password.
As such, the Company cannot be held responsible for the disclosure of information concerning the Client to any individual who has used his identifier (client's e-mail address) and / or his password, nor for the fraudulent use of these informations. The use of the identifier (e-mail address of the Customer) and / or the password of the Customer will constitute proof of his identity, and exigibility, at the validation of the Order, of the corresponding sums.
The supply of the bank card number and the final validation of the order will constitute proof of the acceptance of the said Order and will be worth due to the sums incurred by the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems of the Company and its partners, will be considered as proof of communications, Orders and payments between the parties.
Article 15 - Deactivation of the customer account
Failure by the Customer to comply with the obligations subscribed to under these general conditions, any incident of payment of the price of an order, acts contrary to the interests of the Company, the issuance of false information when creating the account, may result in the suspension of access to the Service, without any claim for damages or compensation whatsoever from the Company. The Company reserves the right to refuse any Order from a customer with whom there is such a dispute, even if the latter uses a new account.
Article 16 - Customer service
For any information or question, an FAQ is available on the internand website www.ruizsurmesure.com
For any specific question, customer service is accessible by email at contact@ruizsurmesure.com or by phone: 01 79 72 62 61.
Article 17 - Information technology and freedoms
The information requested from the Customer in the questionnaire at the time of registration is necessary for the proper processing of his order and may be communicated to the Company's contractual partner suppliers involved in the execution of the Order.
In accordance with the applicable law in force, the Company made on… a declaration to the CNIL registered under the number… and the Customer has the rights of opposition, rights of access and rights of rectification of data concerning him. The Customer may require that any information concerning him which is erroneous, out of date or incomplete or whose collection, use or communication is prohibited, be modified, completed, clarified or deleted. To assert this right, the Customer can contact customer service by email at contact@ruizsurmesure.com or by phone: 01 79 72 62 61.
The Company reserves the right to use the statistics provided by the information forms that Customers have completed in order to improve or optimize the Service and that of its partners.
Article 18 - Advertising on the website
At any time, the Company may decide to place advertising space on the Site. The Company enjoys complete freedom when it comes to the choice of these advertisers, the types of display of advertisements but also their position on the Site.
Article 19 - Communication between the Client and the Company
By becoming a user of the Site, the Customer acknowledges that the exchanges between him and the Company will be mainly electronic (by email), except in the particular cases presented in these GTC or required by law.
In particular, the Customer expressly accepts that the invoices are sent to him by email.
The Customer contractually acknowledges that the information, notifications and contracts are in perfect agreement with the regulations in force.
It is understood between the parties that the choice of mode of exchange constitutes an agreement on proof within the meaning of article 1316-2 of the Civil Code.
Article 20 - Continuity and transfer of rights and obligations of the contract
The contracts between the Client and the Company and / or his successors and assigns are binding between the parties.
Contracts, rights and obligations of Customers may not be assigned or transferred without prior written consent.
The contracts, rights and obligations of the Company may be assigned or transferred at any time without the prior consent of the Client.
Article 21 - Severability of clauses
If one or more stipulations of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 22 - Non-waiver
The fact that one of the parties does not rely on the other party of a breach
any of the obligations referred to in these T & Cs cannot be interpreted for the future as a waiver of the obligation in question.
Article 23 - Applicable law and competent jurisdiction
These GTCS are subject to applicable French law in force. Any dispute relating to the execution or interpretation of these General Conditions will be submitted in the absence of an amicable agreement to the competent court, depending on the nature of the dispute, of the city of Angers.