Article 1: Legal notice

The website www.xsuit.eu (hereinafter the “Site”) is open to any user of the internet network.

It is published by EURL XSUIT EUROPE under the commercial name XSUIT EUROPE (hereinafter "XSUIT EUROPE") whose address is 60, Rue François 1er, 75008, Paris - France and the SIREN identifier 913 636 262.

It is hosted by: Shopify Inc.

The Site allows XSUIT EUROPE to offer clothing products (the “Products”) for sale to Internet users browsing the Site (hereinafter the “Customer”).

 

Article 2: Scope

These terms of service apply, without restriction or reservation to all sales concluded by the company XSUIT EUROPE to any natural or legal person wishing to acquire the products offered for sale by XSUIT EUROPE on its Site.

The purpose of these terms of service is to define the contractual relationship between XSUIT EUROPE and Customer and the terms applicable to any purchase made through the XSUIT EUROPE merchant site.

Customer declares to have read these terms of service as well as the privacy policy, and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on Site.

Any order for Products appearing in the online store of Site requires consultation and prior acceptance without restriction or reservation of these terms of service.

Customer acknowledges having the capacity required to contract and acquire the Products offered on Site.

XSUIT EUROPE reserves the right to modify these general terms of service from time to time regarding legislative changes, the modifications made will be applicable as soon as they are put online. The version applicable to Customer's purchase is the one in force on Site on the date the order is placed.

Unless proven otherwise, the data recorded in the IT system of XSUIT EUROPE constitutes proof of all the transactions concluded with Customer.

 

Article 3: Precontractual Information

The fact for a natural or legal person, of ordering on Site implies full and complete acceptance and acceptance of these terms of service, as well as of the privacy policy, and obligation to pay for the products ordered, which is expressly recognized by Customer, who waives to rely on any contradictory document, which would be unenforceable against XSUIT EUROPE.

 

Article 4: Order

The contractual information is presented in French and English and is the subject of a confirmation at the latest at the time of the validation of the order by Customer.

Products are offered within the limits of available stocks, as specified when placing the order. As stocks are in limited quantities, the mention of the exhaustion of the stock will be announced on Products. However, in the event of an error concerning the availability of the item, XSUIT EUROPE undertakes to deliver the Customer once Products have been restocked or to reimburse Customer if Products are no longer restocked.

Some offers may be offered for a short period which is the subject of a specific announcement. As stocks are then in limited quantity, the mention of the exhaustion of the stock will be announced when placing the order. However, in the event of an error concerning the availability of the item, XSUIT EUROPE undertakes to deliver Customer once Products have been restocked or to reimburse Customer if Products are no longer restocked.

Products offered are those listed in the catalog published on Site and which have been subject to quality control. They endeavor to present all the characteristics by means of photographs and a descriptive sheet drawn up from the data provided by the manufacturer. XSUIT EUROPE undertakes to service its best efforts to describe Products with the greatest possible accuracy, however if any errors or omissions have occurred in this presentation, XSUIT EUROPE cannot be held liable.

The main characteristics of Products and in particular the specifications, illustrations and indications of the dimensions or capacity of Products, are presented on Site. Customer is required to read them before placing an order. The choice and purchase of Products is the sole responsibility of Customer. Customer is required to refer to the description of Products to know its properties and essential features.

Customer acknowledges that the photographs on Site cannot perfectly reflect the appearance of Products. The actual visual impression may differ very slightly from that of the photograph, especially regarding colors; Customer acknowledges that XSUIT EUROPE cannot be held liable on this basis.

The sale will not be considered final until Customer has sent confirmation of the acceptance of the order by XSUIT EUROPE by email - and after receipt by the latter of the full price.

Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, whatever the method of marketing.

Customer acknowledges and accepts that XSUIT EUROPE reserves the right to refuse an order clearly validated by a professional seller, regarding the number of Products ordered in a single order and the number of individual orders made for same Products compared to the usual amount of an average Customer.

The registration of an order on Site is carried out when Customer accepts these terms of service as well as the privacy policy, by checking the box provided for this purpose and confirms his order.

Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the responsibility of Customer to verify the accuracy of the order and to report any errors immediately.

Any order placed on Site constitutes the formation of a contract concluded at a distance between Customer and XSUIT EUROPE.

XSUIT EUROPE reserves the right to cancel or refuse any order from Customer with whom there is a dispute relating to the payment of a previous order.

 

Article 5: Prices

Prices in euros are displayed inclusive of all taxes in European Union.

It is specified that the prices displayed on Site will be invoiced excluding tax for other destinations.

 

Article 6: Payment Terms and Security

Payments will be secure, and all information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted, or used by third parties. They are also not stored on the IT systems of XSUIT EUROPE.

The price is payable in cash, in full on the day the order is placed by Customer, by secure payment.

The account of Customer will only be debited when confirming payment for the order.

 

Article 7: Transfer of Ownership

The transfer of ownership of Products from XSUIT EUROPE to Customer will be made at the time of delivery which constitutes the transfer to Customer of physical possession or control of Products.

The transfer of the related risks of loss and deterioration will be carried out at the same time.

 

Article 8: Customer Service and Complaints

In the event of a complaint, the purchaser may first contact XSUIT EUROPE customer service. For this, the buyer can reach customer service by email at: contact@xsuit.eu.

 

Article 9: Liability and Guarantee

Products sold on Site comply with the regulations in force in France and have performance compatible with non-professional uses.

Products supplied by XSUIT EUROPE benefit as of right and without additional payment, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products apparently defective, damaged, or damaged or not corresponding to the order;
- the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use, under the terms and according to the methods referred to below.

As part of the legal guarantee of conformity, Customer:
- may request repair of Products ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- in the event that it is impossible to repair Products ordered, Customer may request the replacement of Products, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- in the event that repair and replacement of Products ordered is impossible, Customer may request a refund of the amount paid for the order.

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover Products.

Customer may decide to implement the guarantee against hidden defects of Products in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

To assert his rights, Customer must inform XSUIT EUROPE in writing of the non-compliance of Products by email to the address: contact@xsuit.eu.

XSUIT EUROPE will reimburse, replace, or have repaired Products or parts under warranty deemed non-compliant or defective.

XSUIT EUROPE cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the responsibility of Customer to verify;
- in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of Customer, such as in the event of normal wear and tear of Products, accident or force majeure.

The guarantee of XSUIT EUROPE is, in any event, limited to the replacement or reimbursement of non-conforming Products or affected by a defect.

 

Article 10: Liability and Force Majeure

XSUIT EUROPE, in the online sales process, will only be bound by an obligation of means: it cannot be held liable for damage resulting from the use of the internet network such as loss of data, intrusion, virus, disruption of service or other unintentional problems.

Regarding the non-performance or poor performance of the contract, XSUIT EUROPE may however be exempted from all or part of its liability by providing proof that it is attributable, either to Customer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or a case of force majeure. Force majeure considers irresistible facts or circumstances, external to the parties, despite all reasonable efforts to prevent them. Blockages of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, and in particular all networks accessible by internet, or difficulties specific to telecommunications networks outside the parties.

The party affected by force majeure will notify the other within five working days of the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract can be continued.

 

Article 11: Intellectual Property

The content of Site is the property of XSUIT EUROPE and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting. No one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the elements of the site, whether visual or audio. Any simple or hypertext link is strictly prohibited, except with the express written consent of XSUIT EUROPE.

In addition, XSUIT EUROPE remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes produced (even at the request of Customer) with a view to providing the services to Customer. Customer shall refrain from any reproduction or use of said studies, drawings, models, and prototypes, without the express, prior written authorization of XSUIT EUROPE, which may make it conditional on financial compensation.

Consequently, any copy and use of the XSUIT brand, any parasitism derived from the operation of the site will be automatically prosecuted and penalized.

 

Article 12: Applicable Law

These terms of service are governed and subject to French law.

These terms of service are written in French and English. If they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.