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Terms of service

FOREWORD

Governing Law : the French laws govern all terms and conditions of the Site, including this agreement. The English translation is provided as a courtesy to English speakers and therefore we shall not be liable on any interpretation based on the English translation of any legal statements and notices on this website.

This website, which manufactures and markets on-demand products, is created and controlled by COMBOUTIQUE.COM, a branch of ELLE M PRODUCTION S.A.R.L., located at 12, rue Mandar - 75002 Paris, and registered at the Paris RCS under the reference 443 735 881 00015. The purpose of this website is to allow any individual the use of an actual online sales platform, enabling users to create their own online products, to open their own online shop, to promote their products through their own contacts or through the online Comboutique Platform community. The users of the Comboutique Platform shall be referred to herein as "Members". The Comboutique Platform allows the passing of product sales contracts. Only the Members and products buyers can decide entering a sales or buying contract. The acceptance of the Terms of service constitutes a mandate for COMBOUTIQUE.COM to operate as an intermediary between the Sellers and the Buyers, and to operate the transactions.

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1. DEFINITIONS

Comboutique Platform : the functional and organisational structure set up by COMBOUTIQUE.COM allowing the use of the online sales platform : creation of products, creation of the online shop, promotional tools.

Product : all tangible or intangible good susceptible of being sold by a Member through the Comboutique Platform.

Shop : the virtual location where a Member can sell her/his products. The shops can be standard (there is a co-branding between the Member's brand and COMBOUTIQUE.COM brand) or Premium (the COMBOUTIQUE.COM brand does not appear).

Seller : a Member offering a product for sale on the Comboutique Platform.

Buyer : any individual or legal entity entering a sales contract with a Seller through the use of the Comboutique Platform.

Member : any individual or legal entity using the Comboutique Platform upon acceptance of the Terms of service. Members agree to provide valid information concerning their identity, address, and any required information to gain access to the Comboutique Platform; they also agree to make necessary updates regarding any changes to their situation. To access the Comboutique Platform functionalities, all Members must be aged 18 and over, and possess a mailing address in homeland France or a member country of the European Union.

Media : all content, of any type, uploaded to the Comboutique Platform by a Member, which purpose is to be used within the context of creating a product.

Media library : all the Media of a Member.

On-demand manufactured products : : a service offered by COMBOUTIQUE.COM which handles on behalf of a Member the creation of a Product from a list of items offered by COMBOUTIQUE.COM and a Media from her/his Media Library.

Baseprice : price covering the manufacturing of an on-demand Product. This price is fixed by COMBOUTIQUE.COM.

Margin : the portion of the sales price that is due to the Member following the closing of a sales contract with a Buyer. That portion is determined by each Member, to her/his own will, for each of her/his manufactured on-demand product.

Retail Price : the sum of the Baseprice and the Margin, excluding shipping costs. Generally includes VAT (Value Added Tax).

Transaction Price : price as billed to the Buyer. Includes the Sales Price, promotional discounts, and shipping costs. It includes taxes and is converted in Euros or British Pounds.

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2. PURPOSE

The present Terms of service of the Comboutique Platform have the purpose of defining the conditions by which the Members are allowed to use the Comboutique Platform.

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3. OBLIGATIONS OF COMBOUTQUE.COM

COMBOUTIQUE.COM commits to put all available tools allowing the creation and manufacturing of on-demand Products, as well as setting up a shop, to the disposal of the Members, on the Comboutique Platform.

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4. OBLIGATIONS OF THE MEMBERS

4.1 When signing in to COMBOUTIQUE.COM, the Member gets a unique and personal user identifier (User ID) and access password. The User ID and password are personal, and the Member commits to keep them confidential. The signed up Member is the sole authorized person to use the Comboutique Platform with her/his User ID and password. The Member shall not create or use other accounts apart from the one he's been initially granted, under his own identity or the identity of a third party. All derogations to this rule shall be subjected to two conditions : a written explicit request from the Member AND a written approval from COMBOUTIQUE.COM. Creating and/or using new accounts without a prior written request from the Member and a written approval from COMBOUTIQUE.COM shall allow us to suspend immediately and without notification all accounts of the Member, and all services associated to those accounts.

4.2 The Member is solely liable of her/his use of the Comboutique Platform, in compliance with the Terms of service of the Comboutique Platform. More particularly, she/he shall not sell and/or buy, directly or indirectly, Products deemed unethical, or not conform to actual or future laws and regulations, as well as using personal identifiable information she/he could gain access to through the Comboutique Platform, to proceed to the sale or purchase of such Products. Furthermore, the Member shall not sell and/or buy Products deemed as counterfeits as stated in the Code of Intellectual Property, or non-authorized Products in virtue of legal and regulatory clauses. The Members and the Buyers commit to inform immediately COMBOUTIQUE.COM in case they would notice the online presence of such Products. COMBOUTIQUE.COM reserves the right to contact authorities, should it notice the offer of such Products online. The Members commit not to grant access to the Comboutique Platform to anyone under their User ID. In case the Member would have knowledge of a third party having access to her/his account, she/he shall immediately inform COMBOUTIQUE.COM and confirm such information with a certified letter.

4.3 In case of litigation, the parties agree that the disclosure, by COMBOUTIQUE.COM of records on the COMBOUTIQUE.COM servers of the use of the Comboutique Platform and nominal access information, shall rule between the parties.

4.4 The Buyer acknowledges that her/his acceptation of the offer is deemed valid in compliance with the description of the Product, object of the sale, and that this acceptation is interpreted as a firm and binding agreement to enter a sales contract with the Seller, to the terms of the offer. The pictures present on the website are not contractual. All litigation on the nature of the item shall be ruled by the description file of the Product.

4.5 The sale is deemed complete between the Buyer and the Seller as soon as the Buyer provides confirmation of her/his unconditional agreement to the offer and COMBOUTIQUE.COM receives full payment of the Transaction Price.

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5. CREATION OF THE CONTRACT OF SALE AND ORDER

5.1 Product Specifics - Availability :

According to article L111-1 of the Code of Consummation, the Buyer can, prior to her/his order, acquire proper knowledge, on the Comboutique Platform, of the essential specifics of the Product(s) she/he wishes to order.

Products offered by COMBOUTIQUE.COM are subjected to stock availability. For products not stored in our warehouses, offers featured by COMBOUTIQUE.COM are subjected to stock availability at our suppliers.

COMBOUTIQUE.COM reserves the right to modify the range of offered items particularly in compliance with constraints linked to suppliers.

Photographs, designs and descriptions offered to Buyers are informative and not contractual, and therefore, the Seller shall bear no liability in their regard.

Should a supplier modify a product, the graphic representation of the product shall not make the Seller liable, nor should it invalidate the sales contract.

5.2 Ordering :

Any purchase order constitutes your agreement, without restrictions or reservations, to the herein Terms of service.

According to article 4.5 above-mentioned, the Sale is deemed complete between the Buyer and the Seller as soon as the Buyer confirms her/his unconditional agreement to the Seller's offer and COMBOUTIQUE.COM has received full payment of the Transaction Price.

COMBOUTIQUE.COM recommends that the Buyer keep a printed or electronic copy of the invoice issued at the end of the payment process.

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6. PAYMENT

Full payment of the price must be completed by the Buyer at the moment of ordering a Product. No payment shall, at any time, be considered as a deposit or a retainer.

COMBOUTIQUE.COM will process all financial transactions, i.e. cashing in the full amount of the purchase order, at the moment the purchase order is validated, or in the case of payment by check, upon reception of the check.

All orders are payable in Euros and British Pounds.

To proceed to the payment, the Buyer disposes of all forms of payments stipulated within the order form : credit card (VISA, Mastercard, Carte Bleue), wire transfer and checks.

The Buyer certifies to COMBOUTIQUE.COM, that she/he possesses all required authorizations to use the form of payment of her/his choice, during the processing of the order form.

COMBOUTIQUE.COM reserves the right to suspend or cancel any order and/or shipment, whatever their nature or processing stage, in case of non-payment of any amount that is owed by the Buyer, in case any event should prevent the payment process.
Penalties shall amount to a legal interest rate increased by five points and are applicable to any unpaid amounts after a lapse of ten days following the billing date, or from the date a bank non-payment notification is issued. The shipping of all new purchase order might be suspended in case of late payment in a precedent order.

COMBOUTIQUE.COM reserves the right to request a photocopy of the official identification card of the Buyer for all credit card payments.

In order to fight against fraudulent activities over the Internet, information pertaining to your order might be communicated to third parties for verification.

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7. SHIPPING AND RECEPTION

7.1 General :

The products will be shipped and delivered to the address indicated by the Buyer on her/his order form, in metropolitan France, Corsica and United Kingdom.

The Buyer has the option, upon request, to have the invoice sent to the billing address and not the delivery address, when checking the appropriate option on the order form.

Depending on the products and the quantity of the order, COMBOUTIQUE.COM offers her/his clients to be delivered via regular mail or a post office Parcel Service.

Unless the Buyer does comply to the under mentioned procedures, no complaint shall be accepted.

7.2 : Specifications on the Poste (French post office) Colissimo :

The Buyer is delivered to her/his home or business address and signs a delivery receipt. In case of absence, the Buyer or recipient receives a notification that the post office agent tried to deliver the ordered product, which allows the buyer to claim the ordered products to the closest post office, for a delay of 15 days.

The Buyer shall verify, in the presence of the postal or delivery agent, the condition of the parcel and its content at the delivery stage.

Should the Buyer carry any doubt regarding the condition of the parcel and its content, she/he must :
- apply the Colissimo procedure (notifying prejudices, complaints, or reservations), and refuse the delivery by immediately issuing a malfunction report to the post office agent.
- report those problems to COMBOUTIQUE.COM.

7.3 Delays and delivery time

The average delivery delay from, the time the products leave the Comboutique warehouses
- Colissimo from La Poste (French post office) : 48 hours.
Those delays are just communicated for information purpose and are not contractual.

Any delay in the reception of your product cannot be considered as a prejudice, lead the Buyer to be indemnified, or to suspend or cancel the order.

At the time this delay expires, should the Product fail to be delivered, the Buyer will be allowed to cancel the order. All amounts paid by the Buyer will be immediately refunded, excluding any indemnities.

In the case of a late delivery (based on the delivery date initially fixed), the Buyer will notify COMBOUTIQUE by email, in order for COMBOUTIQUE to improve the quality of the service and launch an investigation with the carrier.

An investigation with the carrier can last up to 21 business days. If during that time the Product is recovered, it will immediately be shipped to the delivery address mentioned on the order form.

If the product is not recovered after 21 business days, COMBOUTIQUE will, at his own charge, proceed to the shipment of the Products as they were ordered by the Buyer.

If the ordered Product isn’t available anymore, article 8 of the present Terms of service will prevail. In case of a Product exchange, shipping costs will be at the charge of the Buyer.

7.4. Non-conformity of Products or quality issues.

In the case the delivered Product doesn’t match the description of the Product you ordered (defective or non-conform), the Buyer disposes of a delay of 7 days from the time she/he signed the delivery receipt to issue a complaint.

All complaints must be sent by certified mail with a receipt to the following address :

COMBOUTIQUE.COM
12, rue Mandar
BP 6402
75064 PARIS cedex 02
France

and must contain :
· contact information of the Buyer.
· product reference number.
· reason for rejection.

The return of the Product must be done within 7 business days from the time a return number has been issued to the Buyer by the Customer Service of COMBOUTIQUE.

Should the Buyer fail to comply, COMBOUTIQUE will not proceed to any exchange or refund of the Product.

All products to be exchanged or refunded must be returned to COMBOUTIQUE in their initial condition and packaging.

All risks linked to the return of a Product will be at the charge of the Buyer.

If the Buyer doesn’t respect the procedure and the delays, she/he won’t be able to express any complaint for non conformity or vice of the delivered products, which will be then deemed as conform.

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8. AVAILABILITY OF PRODUCTS

In case the ordered products are unavailable, COMBOUTIQUE.COM will inform the Buyer as fast as possible.

According to the clauses of article L121.20.3 of the Code of Consummation, COMBOUTIQUE will have the possibility to provide a product of similar quality and price.

In all situations, the ordered products will be delivered under a maximal delay of 30 days from the day the Buyer had passed the order, with the condition of full payment of the price.

Should COMBOUTIQUE.COM choose not to use this prerogative, the Buyer will be refunded without delay, at the latest within 30 days of the amount she/he paid.

For all orders superior to 15 items, the client will be offered an appropriate delay and mode of shipment.

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9. RIGHT OF RETRACTATION

According to article L121-16 of the French Code of Consummation, the Buyer is allowed a 7 days delay from the day she/he receives a product, to return at her/his own charge, the Product in order to be refunded. In addition to this legal 7 days lapse, COMBOUTIQUE.COM extends this delay by contract to an extra 7 days, which makes a total of 14 days.

The products must imperatively be returned to COMBOUTIQUE.COM in perfect condition for reselling, in their original packaging (packaging, accessories, notice of use), and must be returned with the invoice corresponding to the purchase.

Likewise, if the Product contains a warranty, form or any document to fill out, it mustn´t be filled out so that the Buyer can apply her/his right of retraction.
All products, if damaged or incomplete, or which packing is deteriorated, shall not be exchanged or refunded.

This right of retraction is applicable without penalty, with the exception of shipping costs.

The use of your right of retraction will be made through the attribution of a store credit, at the conditions mentioned herein (article 10).

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10. GENERAL CONDITIONS FOR REFUND

With the reservations of particular clauses as expressed in article 9 above, all refunds at the charge of COMBOUTIQUE.COM will be made under the form of a store credit to be used on our website.

In all cases, COMBOUTIQUE.COM will communicate, when attributing the store credit :
- its validity time
- the capacity for the Buyer to transform it into a refund
- its amount

If the store credit doesn´t mention otherwise, during its validity time, the client will have the capacity to request, via email, to transform it into a refund.

The shipment of products that COMBOUTIQUE.COM produced according to the Buyer´s specifications or needs, shall not allow the transformation of a store credit into a refund. This is applicable especially for printed products with artworks (text or image) provided by the Buyer.

This refund will be made in priority by crediting the credit card that was used for the purchase and, if not possible, by check.

In case of a partial use of the store credit, the remaining amount will be available for the client to use at the same conditions as the initial store credit.

A store credit will be considered as used in case it is actually used, even partially, or in case of a request for refund.

By using the store credit, the client commits not to express any complaint or payment stop to her/his bank or others, concerning the transaction and commits not to do it in a delay of 1 year following the use of her/his store credit.

The customer acknowledges having read and understood that any breach to these obligations shall expose her/him to full refund of all amounts unjustly perceived, without prejudice of the indemnity amounts that could be claimed by COMBOUTIQUE.COM.

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11. RESERVATION OF OWNERSHIP

COMBOUTIQUE.COM owns entirely the Product until the full cashing of the price, its principal, including charges and taxes.

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12. SALE AND EFFECT OF THE SALE

12.1 The sale is deemed complete when COMBOUTIQUE.COM acknowledges reception and cashes to an escrow account the full transaction price paid by the Buyer; COMBOUTIQUE.COM being the warrant of such offer of service.

12.2 By allowing access to the Comboutique Platform, COMBOUTIQUE.COM has the authority to perceive on behalf and in the name of the Seller, the transaction price through its safe and secure online payment system, set up on the Comboutique Platform, or through any other methods available at a later date and validated by COMBOUTIQUE.COM.

12.3 To this effect, the Seller allows COMBOUTIQUE.COM, in her/his name and on her/his behalf, to open an escrow account of the perceived amounts, at the bank chosen by COMBOUTIQUE.COM or any other financial entity offering similar services that would be substituted to it. The parties agree that this account shall be used in the context of the execution of the terms of service of the Comboutique Platform and according to its clauses. The Seller expressly denies gaining credit of the profits (interests or others), possibly obtained from the immobilisation of the amounts perceived during the transaction.

12.4 COMBOUTIQUE.COM shall notify at the reception and cashing of the Transaction Price, to the Buyer or Seller, via email, and by crediting the amount to the account of the Member, which can be consulted from the Comboutique Platform, after the Notification.

12.5 COMBOUTIQUE.COM is solely authorizes to give order to the escrow account to proceed to the payment to the Seller´s benefit, of the Transaction Price, minus the commission when the Buyer confirms to COMBOUTIQUE.COM that she/he received the product conform to the offer, and giving satisfaction, after the release of the Transaction Price. Should the Buyer fail to confirm or notify that the Product hasn´t been delivered, she/he will be deemed to definitively agree to the transaction, after a maximum lapse of 6 weeks after ordering. This will be applied according to the conditions mentioned at article 13. The Seller accepts the delay in the payment by COMBOUTIQUE.COM of the transaction price while COMBOUTIQUE.COM examines a complaint expressed by the Buyer.

12.6 The notification, as communicated to the Buyer, will contain the mention by which the Buyer must give his agreement or disagreement to liberate the Transaction Price by COMBOUTIQUE.COM.

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13. FINANCIAL CLAUSES

13.1 The use of the Comboutique Platform allows the Members to gather commissions of different types :

- commissions on the sales of her/his Products, the commission corresponds to the Margin (VAT not included) freely fixed by the Member;

- in the context of referral programs, the Member earns 3% of the baseprice (VAT not included) of each Product sold in the shops of her/his referrals.

13.2 The commissions accumulated by the Member can be debited in the following cases :

- from the monthly rent corresponding to the opening of a Premium Shop, for each shop opened by the Member, a monthly rent of 5 pounds (VAT included), will be perceived by COMBOUTIQUE.COM the first day of each month. This rent will be debited from the commissions already accumulated.

- in the case of the return of a product or right of retraction (according to articles 9 and 10), all the commissions generated by the sale of this product will be cancelled by debiting a commission of the same amount.

- in case of full or partial payment of an order passed by the Member, by compensating all or part of the accumulated commissions.

13.3 Taking into account the possibility of retraction (as explained in article 9), the commissions shall bear a 30 days validation time, and their payment cannot be requested during that time. After that validation period, the commissions are deemed active.

13.4 Active commissions can be subjected to a payment request upon the following conditions : having accumulated for an amount of at least 30 pounds (VAT not included) of commissions.

13.5 The last day of each month, the active commissions requested for payment will be processed by COMBOUTIQUE.COM which will send within a maximal 120 days period end of month, a check of the amount of the commissions minus an amount of 5 pounds (VAT included) corresponding to the processing and shipment fees.

13.6 The Members commit to include the amount of the perceived commissions in their income tax forms, either for individuals or businesses. COMBOUTIQUE.COM reserves the right to communicate to the tax administration all information that will be required by such administration.

13.7 In the case of bankruptcy of COMBOUTIQUE.COM, or if the Member decides on her/his own will to close her/his account and if the amount of active commissions accumulated is inferior to 30 pounds (VAT not included), the Member won´t have the right to request a payment of the commissions, which will therefore be cancelled.

13.8 In the case of cancellation of a Member for any reason as explained in the article 15.2, the entirety of accumulated commissions shall not be subjected to a request for payment and will be cancelled.

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14. LIABILITY

14.1 The Seller guarantees and certifies that she/he owns the rights to proceed to the transfer of the Products, and that the operation she/he makes doesn’t violate the rights of a third party. By making a Product available online, the Seller certifies that the sale abides by the legal rules and regulations in effect, more particularly concerning the Code of Intellectual Property and any specific regulation, such as, in the case of books, the law of August 10th 1981 also known as “Loi Lang”. Prior to making any item available, the Seller shall verify, notably by reading the licences and terms of use of the Product, that she/he is authorized to operate the transfer of the Product. The Seller certifies and shall compensate upon the first request COMBOUTIQUE.COM for any prejudice that COMBOUTIQUE.COM undergoes; and for any legal action in liability that would be sustained by COMBOUTIQUE.COM based on the violation of any rights by a third party. In the case of an established fraudulent activity, COMBOUTIQUE.COM shall communicate all required information, including personal information, to the appropriate services in charge of fighting such frauds and violations.

14.2 COMBOUTIQUE.COM shall not be held accountable for a prejudice sustained by a Member, notably : losses in exploitation or information. COMTBOUTIQUE.COM shall not be liable of any malfunction, delay or interruption of the access to the Internet network.

.14.3 In regard to the Terms of service of the Comboutique Platform, the financial liability of COMBOUTIQUE.COM will be limited to the Transaction Price.

14.4 COMBOUTIQUE.COM cannot guarantee that the Buyer will gain total satisfaction from the Product of the Seller, likewise, COMBOUTIQUE.COM cannot guarantee the Seller that the Product will not be returned or that the sale will not be cancelled by the Buyer.

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15. CANCELLATION

15.1 The present contract is a long term contract. As such, it can be cancelled at any moment by COMBOUTIQUE.COM or by the Member without reason and by simply notifying it.

15.2 In the case a Member would not respect her/his obligations, COMBOUTIQUE.COM reserves the right to suspend the access to the Comboutique Platform to the Member, without prejudice of the indemnification of the entire prejudice possibly sustained by COMBOUTIQUE.COM. The Seller cannot in this situation claim the costs exposed by her/him during the exposition of her/his property.

15.3 In the case a Member would not respect her/his obligations, the commissions she/he has accumulated according to article 13 cannot be requested.

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16. GENERAL CLAUSES

16.1 COMBOUTIQUE.COM has the prerogative to modify the present Terms of service, according to the evolution of its offer and market. All changes will be immediately in effect for all online offers upon notification to the Members by any mean chosen by COMBOUTIQUE.COM. They shall not apply to the transaction taking place at the moment they come in effect. Occasionally, COMBOUTIQUE.COM can change its code, telephone number, interrupt the service for operational reasons, maintenance or emergencies.

16.2 The Member will connect to the Comboutique Platform via her/his own equipment of telecommunications terminals. COMBOUTIQUE.COM doesn´t put at the Members disposal any material equipment, phone installation, terminals, software or subscriptions.

16.3 Personal identifiable information pertaining to the Members is gathered, recorded and stored according to the clauses of the Law on electronic privacy (Loi relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978). According to the law, the Members dispose of a right of access and correction to COMBOUTIQUE.COM, in charge of the Comboutique Platform.

16.4 In case of "force majeure", the obligations of the impeded party will be suspended, notably in case of :
- action or omission of the government or authorities,
- blocking or malfunction of the telecommunications networks,
- insurgency, civil war, war, military operations, national state of emergency, fire, explosion, strike, flooding, storm, action from a third party.

16.5 Invalidity of one or several clauses of the Terms of service of COMBOUTIQUE.COM shall not imply their invalidity.

16.6 The present contract is governed by French Law. All litigations based on its interpretation or enforcement will be litigated by the Paris Court of Law.

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