Terms and conditions of sale

Préambule

We are pleased to welcome you to our website www.the-otherside.eu (referred to as the "Site").

The general sales provisions exclusively govern the sales of products offered on the Site. They are accessible on this site by the customer when the order is registered.

Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale to the exclusion of all other conditions present in prospectuses, catalogs issued by L'AUTRE CÔTÉ and in particular those in force in stores THE OTHER SIDE.

Any contrary condition posed by the Customer will therefore be, in the absence of express acceptance, unenforceable against L'Autre Côté regardless of when it may have been brought to its attention. The fact that Other Side does not prevail at a given time having any of these general conditions of sale, can not be interpreted as a waiver of any claim to any of the said conditions.

THE OTHER SIDE makes every effort to ensure the accuracy and updating of the information published on the site, and reserves the right to correct the content at any time and without prior notice.

if a condition were to be lacking, it would be considered to be governed by the French customs and laws in force for distance selling.

Mentions légales

THE OTHER SIDE, au capital de 1 000 euros, dont le siège social est situé
65 Quai de BRAZZA
33100 BORDEAUX – FRANCE

RCS Bordeaux 903 296 796

Site Editor

Le site www.the-otherside.eu is the exclusive property of SARL THE OTHER SIDEdesigned and powered by the company EPICURE CONSEILS which publishes it.

Site host

The site is hosted by O2SWITCH

Customer service

For any information, question or advice, our customer service is at your disposal:

• By mail :

contact@the-otherside.eu

• By post:

Service Client The Other Side

65 Quai de Brazza
33100 BORDEAUX (FRANCE)

• By phone:

+33 06 39 09 91 11 (Lisa vous répond du lundi au vendredi 09h-18h et le samedi de 10h-14h)

Article 1: object

These terms and conditions govern the sale of THE OTHER SIDE "ready-to-wear" and "accessories" items presented on the Website by the company OLYSTIA owner of the brand THE OTHER SIDE, to all non-trading individuals of legal age exclusively (hereinafter referred to as the "Customer").

Article 2. Products

2.1 Product characteristics

The products offered for sale online are those presented on the Website. They are described and reproduced by THE OTHER SIDE on the Website with the greatest possible accuracy. The information provided on the product sheet includes the essential characteristics of the products (colour, description, composition, maintenance, dimensions) and their price including VAT.

However, THE OTHER SIDE draws the attention of the Customer to the fact that the photographs cannot ensure a perfect similarity with the product offered for sale, particularly with regard to colours.

The differences may result from the colour quality of the photographs, the difficulty of rendering the materials on the screen or, without being exhaustive, the technical adaptation. These differences cannot be interpreted as defects of conformity and lead to the cancellation of the sale.

In the event of an obvious error or insignificant omission between the characteristics of the product and its representation and/or description, THE OTHER SIDE will not be held responsible.

The product offers and prices appearing on the Site are valid as long as they appear on the Site, within the limits of available stocks.

2.2 Availability of products

The products are offered for sale within the limits of available stocks. Only the products listed on the Site on the day of its consultation by the Customer are offered for sale. Thus, when placing an order, the Customer is informed of the availability of the selected Product. In case of unavailability of a product, The Other Side undertakes to inform the Customer as soon as possible by e-mail and to indicate, if necessary, the estimated waiting time for delivery of the product. The Customer may confirm the order or request a refund of the product on the basis of the invoice price.

• The preparation and delivery costs will be refunded to the Customer if the latter confirms the cancellation of the entire order.
• The costs of preparation and delivery shall be borne by the Customer if the latter confirms the delivery of one or more other available products forming part of the same order.

Article 3. Price

Prices are quoted in euros (€) or pounds sterling (£), inclusive of all taxes including VAT and exclusive of preparation and delivery costs which vary according to the country concerned. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate is modified, it will automatically be reflected in the price of the articles. The fixed amount of participation in the preparation and delivery costs is communicated to the Customer on the order summary form, before the order is validated.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible "exchange/refund" as detailed below.

At any time, THE OTHER SIDE reserves the right to change the prices and descriptions of the products and in particular in case of an increase in charges, including the rate of VAT, and / or in case of typographical error or obvious typing. However, the products will be invoiced on the basis of the prices in force at the time the order is registered, except in the event of an obvious error. Indeed, despite the vigilance of THE OTHER SIDE, it is possible that price errors occur on the Website for any reason (computer bug, manual error, technical error ...). If orders have been placed at incorrect prices or obviously derisory (low price), the orders will be canceled, even if they had been validated by the services of THE OTHER SIDE. THE OTHER SIDE will then inform each of its Customers affected as soon as possible, so that they can, if they wish, place their order at the correct price.

Article 4. Order

4.1 Customer number

All Customers must complete the fields offered to them, to create their Customer profile and obtain their login credentials, these are personal. Any loss or forgetting of these identifiers must be reported to THE OTHER SIDE promptly by contacting Web Customer Service. To order, the Customer must complete a registration form and in particular complete the information necessary for his identification:

• Valid email address and password of their choice (confidential and personal) for the identification of the Client on the Site,
• personal data marked with an asterisk, mandatory and necessary for processing invoices and delivering orders.

It is important that the Customer completes the form as accurately as possible in order to avoid any error or impact in the shipment of the item (s) ordered. The data recorded on this Site is exclusively intended for THE OTHER SIDE or its partners in the event of express acceptance by the Customer under the conditions referred to below.

4.2 Registration of the order

Any Customer who wishes to place an Order selects the Product or Products of their choice by clicking on “Add to basket”. At the end of this step, and after clicking on "Finish my purchases", a summary page corresponding to the Order form appears on the screen, allowing the Customer to make any changes and then confirm by clicking on "Access payment".

To access the validation of the order, the Customer must read the General Conditions of Sale and accept them expressly by checking the box provided for this purpose.

4.3 Validation of the order

The purchasing Customer guarantees THE OTHER SIDE that he has the necessary authorizations to use the payment method he has chosen for his order, when registering the order. The Customer by the validation of his shopping basket, the summary Order form and the acceptance of the General Conditions of Sale gives his consent to proceed to the stage of validation of the order by payment. The price due by the Customer is the amount indicated on the summary order form of which the Customer has read before confirming his order. This validation implies express acceptance of all operations carried out on the Site.

Any order placed on the Site can be paid exclusively online via PAYPAL or one of the following bank cards: CB, Visa, Mastercard, as well as all cards declined from these in the other countries concerned.

The order is only taken into account after entering the bank card number, its expiration date and the cryptogram number (3-digit number on the back of the bank card) for payment. This payment is subject to final validation by the GIE bank card.

In all cases, the online supply of the bank card number and the final validation of the order will be worth proof of the entire order in accordance with the provisions of the law of March 13, 2000 and will be worth due of the sums incurred by entering the items listed on the order form. This validation constitutes signature and express acceptance of all the operations carried out on the Site. However, in the event of fraudulent use of the bank card, the Customer is invited, as soon as this usage is observed, to contact The Other Side customer service.

4.4 Payment security

At any time, THE OTHER SIDE reserves the right to change the prices and descriptions of the products and in particular in case of an increase in charges, including the rate of VAT, and / or in case of typographical error or obvious typing. However, the products will be invoiced on the basis of the prices in force at the time the order is registered, except in the event of an obvious error. Indeed, despite the vigilance of THE OTHER SIDE, it is possible that price errors occur on the Website for any reason (computer bug, manual error, technical error ...). If orders have been placed at incorrect prices or obviously derisory (low price), the orders will be canceled, even if they had been validated by the services of THE OTHER SIDE. THE OTHER SIDE will then inform each of its Customers affected as soon as possible, so that they can, if they wish, place their order at the correct price.

The MERCANET server itself is directly connected to the servers of the banks in each country concerned.

The Other Side, subject to receiving the express consent of the customer, may save/store credit card information so that the customer does not have to re-enter it with each order.
The cryptogram on the back of the credit card will not be retained.
This data will be stored until the customer's express consent is withdrawn or until the credit card expires.

4.5 Acknowledgment of receipt of the order

The final validation of the Order takes place after validation of the payment.

An email confirming the Order and payment will be sent to the Customer, thus confirming their registration with a summary of all the information already communicated, the General Conditions of Sale and the withdrawal form.

4.6 Order tracking

The details and tracking of the delivery of each order can be viewed at any time on the Site, in "My Account" after the Customer has identified himself with his email and password.

Article 5. Delivery

Except in cases of force majeure or unforeseeable and insurmountable fact, the delivery times will be those indicated below and run from the date of confirmation of the order. They are communicated to the Customer before any validation of order and payment. It is therefore up to the Customer to choose the country of delivery and its mode of delivery when it is offered to him.

THE OTHER SIDE takes every precaution to ensure that its packages arrive in perfect condition. However, the Customer is required to check the condition of the packaging and the conformity of the delivered product, and to make any reservations, if any, on the carrier's delivery note.

5.1 Delivery methods:

Packages are delivered by La Poste (COLISSIMO service) to the Customer's home address or to any other address of the Customer's choice (to be specified in the delivery form), provided that the Customer is located in one of the countries listed in Article 5.2.

THE OTHER SIDE processes packages Monday through Friday. In general, any Order is processed within 2 to 3 working days. The additional delays are those applied by our transport partners. Generally, they do not exceed 5 days (for metropolitan France).
Please note that during certain periods (sales, private sales, etc.) processing times may be longer due to the large number of packages to be processed.

If the Customer is absent: a notice is left in his letterbox. The parcel will be kept at the post office closest to the delivery address for 15 days.

5.2 Delivery areas

Delivery in the following countries: Metropolitan France - Europe - United Kingdom. The products are offered for sale while stocks last.

International delivery with Colissimo.

This service is provided by Colissimo, an independent partner of The Other Side.

Colissimo takes care of the routing and possible customs clearance of orders. Customs taxes may apply depending on the country of delivery.

5.3 Delivery times

All deliveries are made within a maximum of 7 days from the date of order. If the delivery deadline is exceeded by more than 7 days (except in cases of force majeure) and within 60 days of this same date, the customer may:

• • Or notify the delay by email to the following address contact@the-otherside.euIn this case, THE OTHER SIDE will contact the postal services in order to carry out an investigation which will not exceed 30 days. At the end of the investigation, if the package has not been located, the customer will be reimbursed for the amount of his order.
  • Either cancel the order and request a refund, by sending THE OTHER SIDE a registered letter with acknowledgment of receipt.

5.4 Delivery costs

The flat-rate preparation and delivery costs depend on the Customer's country of delivery.

Article 6. Right of withdrawal

6.1 Exercising the Right of Withdrawal

In accordance with the law, the Customer has a right of withdrawal for a period of 14 (fourteen) days from receipt of his order, which he can exercise without having to justify his decision or to support other costs than those necessary to return the order.

To exercise this right, the Customer is required to return the withdrawal form attached to his order confirmation email, or accessible on the Site or any other unambiguous declaration expressing his desire to withdraw. The Products must not have been worn or washed and must be returned in their original packaging and label, accompanied by the printed invoice (the invoice is available on the Site, in the "My Account" section). Please note: Items returned incomplete, damaged, damaged or soiled by the Customer will not be accepted.

The withdrawal form can be returned by the Customer:

• • by e-mail: contact@the-otherside.eu, or
  • by post to the following address: Customer Service The Other Side - 65 Quai de Brazza - 33100 Bordeaux.

6.2 Return methods offered:

The Customer returns the products ordered within 14 (fourteen) days of the communication of his decision to withdraw under the conditions defined in article 6.1 above. Return costs remain the responsibility of the Customer.

For Paypal customers, you can have your return costs reimbursed! Activate the Service by clicking here: https://www.paypal.fr/retours

The Customer may return the items ordered, to THE OTHER SIDE, at his expense, accompanied by (i) his withdrawal form or any other unambiguous declaration, (ii) the invoice or delivery note, to the following address:
THE OTHER SIDE CUSTOMER SERVICE
65 Quai de Brazza – 33100 BORDEAUX, FRANCE

THE OTHER SIDE will reimburse the Customer for all sums paid, i.e. the price of the products and any delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by The Other Side), within a maximum period of 14 (fourteen) days following the Customer's withdrawal, unless the Customer returns the order by post or parcel post, in which case the refund will be deferred until the ordered products have been collected or until the Customer has provided proof of dispatch of the products, whichever is earlier.

The Customer's bank or Paypal account will be directly credited with the amount of the items returned thanks to the secure payment partner MERCANET or PayPal. In the event of partial or total payment by gift card, the reimbursement of the sum concerned will be made by dematerialized gift card (sent by email).

Article 7. Exchanges / Refunds

Without prejudice to the provisions relating to the exercise of the right of withdrawal, THE OTHER SIDE leaves its Customers free to change their mind for 30 days, on presentation of the invoice, for any item (unworn, in its original packaging) , and the current season). The product concerned must be accompanied by its original label and invoice. The invoice is available on the Site, in the "My Account" section and must be printed and completed by the Customer.

Attention: Items returned incomplete, damaged, damaged or soiled by the customer will not be accepted.

• Exchange or reimbursement in store: the Customer has the possibility of exchanging or having their items reimbursed in a The Other Side Ready-to-Wear or The Other Side Lingerie store, in Metropolitan France (excluding outlet stores, Solderies) and Corners department stores).
• Refund in the event of return to the warehouse: In the event of return of the goods to our warehouse, only the reimbursement is possible. Postage costs are borne by the customer (unless the return is due to an error on the part of The Other Side). The refund is made upon receipt of the package. The Customer's bank account is directly re-credited with the amount of the items returned thanks to the secure payment partner MERCANET.

The Customer's bank or Paypal account will be directly re-credited with the amount of the items returned thanks to the secure payment partner MERCANET.

In the event of partial or total payment by gift card, the reimbursement of the sum concerned will be made by dematerialized Gift Card. This will be sent by email to the address specified on the The Other Side order.

Article 8. Complaint

For any questions about an order, The Other Side customer service is available to its customers via the "Contact Us" section. In the event of a dispute, all customers must provide their order number as well as the exact reason for their request.

Following the resolution of a dispute and if it is necessary to make a refund, it is made directly on the bank account thanks to the secure payment partner MERCANET.

The surveys carried out with La Poste to find out the routing of any package must not exceed 30 days. Beyond 2 months, after the opening of a “complaint” file, requests for reimbursement can no longer be taken into account insofar as the banking agent of The Other Side only allows to re-credit the transactions that within a maximum of 60 days.

Article 9. Personal data

The Other Side informs its customers that by placing an order on the Site, the data recorded concerning it will be used by internal departments, those of our sister companies, and / or those of the companies of the group to which The Other Side belongs:

• for order processing,
• to keep them informed of news and upcoming events by sending newsletters,
• and in order to offer him commercial offers and contests.

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data, the customer has the right to access, rectify or delete personal information concerning him/her at any time, as well as the possibility of objecting to the processing of this data.

The Site is also designed to be particularly attentive to the needs of its customers. This is the reason why The Other Side uses cookies. The purpose of the cookie is to signal the passage of the Client on the Site. Cookies are therefore only used by the Site in order to improve the personalized service which is intended for the Customer.

After each visit to the Site, the Customer must not forget to log out of their profile in order to ensure the preservation of data confidentiality.

Article 10. Guarantee

The products offered comply with current French legislation. All Products benefit from the legal regime of the guarantee of conformity provided for in articles L211-4 and following of the Consumer Code, as well as the guarantee of hidden defects of articles 1641 and following of the Civil Code.

Article 11. Liability

Despite the care taken with our site, the photographs and texts reproduced and illustrating the products presented, can sometimes contain errors. In the event of receipt of an article that does not conform to that viewed on The Other Side site, the customer may proceed to its exchange and / or refund in accordance with article 8 of our general conditions of sale.

The Other Side cannot be held responsible for the non-performance of the contract concluded in the event of:

• out of stock or unavailability of the product,
• disruption, total or partial strike, in particular of postal services or means of transport and / or communications. In this case, The Other Side may offer delivery directly to stores or a Parcel relay, in accordance with the above article,
• floods, fires, any force majeure and any other unforeseeable or independent fact of the company The Other Side.

Hyperlinks may link to other websites than this site. THE OTHER SIDE disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.

Finally, THE OTHER SIDE declines all responsibility:

• for any interruption of the Site, occurrence of bugs, damage resulting from a fraudulent intrusion by a third party leading to a modification of the information made available on the Site,
• for non-substantial errors relating to the products,
• for the impossibility of joining customer service and / or accessing the Site.

Article 12. Intellectual property

The use of the Site is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all the elements, brands, drawings, models, logos, graphics, etc. found on this Site and their compilation are the exclusive property of THE OTHER SIDE or its suppliers, the latter not granting any license or any other right than that of consulting the Site.

THE OTHER SIDE reminds that any reproduction, use or modification, partial or total, of any element of the site is strictly prohibited, except with the prior, special and express authorization of THE OTHER SIDE.

Consequently, THE OTHER SIDE may initiate proceedings, in particular against infringement, against all those who, directly or indirectly, infringe its rights.

Article 13. Duration

These conditions apply throughout the duration of the posting of products and services offered for sale by The Other Side.

Article 14. Evidence

The computerized registers kept in the information systems of The Other Side and its partners under reasonable conditions of security, will be considered as proof of communication, orders and payments made between The Other Side and the Customer.

Article 15. Applicable law - Disputes

This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.

In accordance with the ordinance of 08/20/2015, all consumers have the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. THE OTHER SIDE has chosen the mediation center.

To submit your dispute to the mediator, you can fill in the form on the website http://www.mediation-net-consommation.com or send a demand by mail mediation.conso@mediation-net.com  .

Article 16. Modification of the general conditions of sale

Given the possible changes to the Site, THE OTHER SIDE reserves the right to adapt or modify these general conditions of sale at any time. The new general conditions of sale will, if necessary, be brought to the attention of the customer by online modification and will be applicable only to sales made after the modification.