Navigation and use of this site are subject to the detailed requirements below. By browsing this Website, you consent to these conditions. Shutter-Clothing.com site reserves the right to change these conditions at any time without notice. Any changes will be reflected below as soon as possible.
1. GENERAL
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason whatsoever, the Website becomes unavailable at any time or for any period. We reserve the right to restrict access to all or part(s) of this Website.
This Website also contains third-party links to other sites that are not operated by Shutter Clothing (“Linked Sites”). Shutter Clothing has no control over these Linked Sites and cannot be held responsible for them, or for any loss or damage arising from your use of the Linked Sites. The use of the Linked Sites is governed by their individual site-specific terms of use. These Terms of Use are issued by the company Shutter Clothing, a limited liability company registered under the number 792430423, with a capital of 7000 Euros, whose registered office is at 13 rue de l’Alma 69001 Lyon. For more information, please call the following number: 09.83.45.51.37.
2. LEGAL GUARANTEES
The items we sell are subject to the legal guarantees of conformity set out in Articles L. 211-4 and following of the French Consumer Code and the warranty against latent defects by Article 1641 of the French Civil Code.
Legal guarantee of conformity
Article L. 211-4 of the Consumer Code:
The seller must deliver products in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for the lack of conformity resulting from the packaging or the assembly or installation instructions if these were his responsibilities under the contract or were carried out under his supervision.
Article L. 211-5 of the Consumer Code:
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and possess the features that the seller presented to the buyer in the form of a sample or model;
- possess the features that a buyer could reasonably expect given the public statements made by the seller, by the producer or by a representative, particularly through advertising and labelling;
2. Or possess the features defined through mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the Consumer Code:
Legal action resulting from lack of conformity lapses two years after delivery of the product.
Liability for defects of the thing sold:
Article 1641 of the Civil Code:
The Seller is bound to a warranty against any hidden defects of the item sold which might render it unfit for the use for which it was intended, or that so impairs this usage that the buyer would not have purchased the item or would only have paid a lower price, had he been aware of them.
Article 1648 of the Civil Code:
Legal action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
Please note that this is a translation of French legislation for information purposes only and the original French version alone holds legal validity.
3. TERMS OF SALE
a. Our contract
There will be no contract between you and Shutter-Clothing for the sale of products until you have received order confirmation. Once you have confirmation of your purchase (in the form of a receipt confirming the details of your order), a legal contract exists between us. This site is provided solely for your personal, non-commercial use. The products listed on this site are available for all countries that we deliver to.
b. Prices and availability
The price you pay is the price indicated on the Website. It includes VAT for countries of the European Union. We reserve the right to change prices without notice. All orders are subject to availability and we reserve the right to refuse sale to any individual or company. Prices are established in the European currency, the Euro (€). Prices indicated in other currencies, such as British Pound (£), U.S. Dollar ($) or Yen (¥), are only indicative as the conversion rates are not updated daily. Please use http://www.xe.com for accurate conversion to your chosen currency.
Payment by check will only be accepted for orders in France. They must be made payable to Shutter Clothing and sent to:
Shutter Clothing
13 rue de l’Alma
69001 LYON
France
When you place an order to be paid by check, please send us an email stating your order number to [email protected] in order to check availability of products and prepare your order for delivery upon receipt of your check.
c. Discount codes
Discount codes may be offered at any time to account holders or visitors to the site on some or all purchases made on the Website. These promotional codes are valid for a limited time, to be determined for each period on the occasion of sales or special events. They will be communicated at every opportunity through e-mails to account holders, via our Facebook page, or through pop-ups on the Shutter-Clothing site.
4. PRIVACY POLICY
At Shutter Clothing, your right to privacy is one of our main concerns. That is why we will help you maintain control of your personal information when you visit our online store.
Shutter-Clothing.com ask only for specific information in a small number of sections of the site and only in order to optimize our services and propose offers tailored to your tastes and needs. We will, for example, ask for this information when:
- You place an order on the Shutter-Clothing.com site
- You sign up for the Shutter-Clothing.com mailing list
In both cases, we will ask for your name, email address, phone number, address, and customer number. You will be notified in advance if we wish to ask for further information. Concerning the Shutter-Clothing.com mailing list, you will be able to unsubscribe at any time by going to the registration page.
Shutter-Clothing.com will only use your personal information in specific cases. The information you provide will be kept confidential and used only in order to keep in touch, such as for notifying you when new products become available.
You can unsubscribe from our offers at any time. Only Shutter Clothing will send you e-mails. If you do not wish to receive these offers, please indicate this when you register. You can unsubscribe from the Shutter Clothing mailing list at any time by going to the registration page.
Shutter-Clothing.com will not provide your personal information to any third party without your consent. Your personal information (such as your name, address and phone number) or the contents of your orders will not be sold or disclosed without your consent.
5. THE SHUTTER COMMUNITY
a. Prohibitions
You should not use this Website improperly. It is forbidden to: commit or encourage the commission of a criminal offense; transmit or distribute a virus, Trojan horse, worm, time bomb or any other malware that is technologically harmful, unfair or offensive or obscene in any manner whatsoever; hack all or part of the Service; corrupt any data; harass other users; infringe on the proprietary rights of third parties; send out unsolicited advertisements or promotional material (“spam”); or attempt to impair performance or functionality of any computer system of, or accessed through, this Website. Violation of this provision may constitute a criminal offense. SHUTTER CLOTHING is entitled to report any breach of the law to the relevant authorities and disclose your identity to them.
We will not be liable for any loss or damage incurred by a denial of service attack, viruses or other technologically harmful material capable of infecting your computer equipment, computer programs, data or other material, due to the use of this Website or your downloading of any material available on this Website or any Third-Party Site.
b. Registration
Shutter Clothing reserves the right to terminate accounts of users utilising proxy servers (Internet Protocol Address) in order to hide the use of multiple accounts or disrupt one of our services in any manner whatsoever.
If you use multiple logins for the purpose of disrupting the community, measures may be taken against your user accounts.
6. LIABILITY DISCLAIMER
Shutter Clothing cannot be held responsible for any technical inaccuracies or typographical or translational errors contained in the information on this site. In addition, we are under no obligation to update this site or its contents and cannot be held responsible for a failure to update. Moreover, Shutter Clothing is not responsible for the use of other websites that can be accessed via third-party links on this site. Shutter-Clothing.com does not control these sites and is not responsible for their content. These links are provided for information purposes to the users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Shutter-Clothing.com. Any product ordered on a third-party site linked to Shutter-Clothing.com is subject to its own terms and Shutter Clothing cannot be held responsible or implement these terms. These sites may collect or solicit personal information. These sites are not subject to the privacy policy of Shutter Clothing and we cannot be held responsible for the policies of these sites, or their use of the information they may collect.
7. DELIVERY
a. General
We will deliver the product(s) ordered to the shipping address indicated by you. As a result, please verify the accuracy of the shipping address. Any costs for reshipment due to an incorrect address will be your responsibility. We aim to deliver your order as fast as possible. Delivery details on Shutter-Clothing.com are subject to the conditions explained in section b, “Shipping”.
b. Shipping
The prices listed on the Website include VAT for customers in the European Union. Purchases outside the European Union and the accounts of customers outside Europe are exempt from VAT. Shipping is free in France. For EU and international deliveries, shipping costs are the responsibility of the customer. Shutter Clothing reserves the right to change these terms without notice.
Orders in France and the European Union are shipped with parcel tracking and the tracking number will be sent to you to monitor the progress of your order. For customers residing in Lyon, France, a hand delivery is possible in order to avoid shipping costs.
c. Delivery times
Orders shipped in metropolitan France are usually delivered within 10 working days after you have received email confirmation. We send out shipments every Wednesday. Shutter Clothing cannot be held responsible in the case of longer delivery time. Delivery in foreign countries depends on your local postal services. Shutter Clothing cannot be held responsible for the conduct of the postal services.
Orders are shipped every Wednesday, with the exception of French national and public holidays; Shutter Clothing cannot be held responsible for unforeseeable delays. Shutter Clothing promises to deliver items ordered within the time specified above to the best of its abilities. However, these times are given as an indication only and delayed deliveries exceeding this estimate will not give cause to claims for damages.
d. Returns
We aim to satisfy every customer. In the event that you wish to exchange an item, we ask you to provide evidence that the product has been purchased on Shutter-Clothing.com and that it is returned in new, unused condition and in its original packaging.
Any merchandise returned to Shutter Clothing (13 rue de l’Alma, 69001 Lyon, France) must be returned to us in the condition in which it was shipped by us. Shutter Clothing will examine all returned merchandise for any damage. If the return is due to an error on our part, Shutter Clothing will reimburse the return costs and will ship a replacement product at no cost to the customer - OR - refund the product and all shipping charges. If the error is on the part of the client, and if the product has not been worn, washed or stripped of its original packaging and labelling. Shutter Clothing will also reimburse the return costs upon presentation of proof of delivery to SHUTTER CLOTHING, 13 RUE DE L’ALMA, 69001 LYON.
e. Transfer of ownership and risk / Force Majeure
The risk of loss or damage of the products is transferred to the customer upon delivery of the order. Shutter Clothing will not assume responsibility for events beyond our control involving the delivery of a product or its condition upon delivery.
f. Right to retract
In accordance with the provisions of Article L121-20 of the French Consumer Code, the customer has a withdrawal period of 7 working days from delivery of the product(s) to return them to Shutter Clothing for reimbursement, provided that products are returned in their original packaging and in new, unused condition within 7 days of delivery. Items that are damaged or soiled are not returnable.
The return of products must be accompanied by a return slip, found with the order shipment confirmation, and the invoice. Shutter Clothing will refund the items within 30 days from the date of receipt.
8. INTELLECTUAL PROPERTY
This Site is the property of JSA Production SARL. This Site and all its components, including design, text, graphics, images, photographs, logos, video clips, and all software compilations, underlying source code, software (including applets) (“the Contents”) are the property of JSA Production and its subsidiaries or of its information technology or content providers.
Artists behind the creation of graphics appearing on discs and clothing are credited on the corresponding product page. All other graphics belong to JSA Production and cannot be reproduced. Photos and diagrams illustrating the products cannot be reproduced. All drawings, illustrations and buttons are created by JSA Production.
All names, logos, brands and titles used on this site are trademarks registered names or the intellectual property of their owners.
9. CHOICE OF LAW
Any contract between us shall be interpreted and appreciated in accordance with the French laws and all disputes around this contract will be subject to the exclusive jurisdiction of the French courts.
If any part of a term or condition proves to be illegal, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall in no way be affected or reduced.
These terms and conditions constitute the entire agreement between you and Shutter Clothing, with respect to the Website. It should be understood that no statements made by agents of Shutter Clothing shall be accepted as a variation of these terms and conditions or as a representation of the products sold by Shutter-Clothing.com; we will not be responsible to anyone for the inaccuracy of such representation.