General Sales Terms & Conditions
Article 1 • Terms and conditions scope and agreement
The company PICTURE ORGANIC CLOTHING (hereafter referred to as “PICTURE”) sells ethical and eco-friendly apparel and accessories (hereafter referred to as the “Products”).
The present general terms and conditions govern the sale of Products by PICTURE through the website www.picture-organic-clothing.com (hereafter referred to as the “Website”) to all persons over 18 years old purchasing products for non-professional purposes, residing in metropolitan France, Monaco, Germany, Austria, Belgium, the Netherlands, Luxembourg, and Hungary (hereafter referred to as the “Customer”).
When the Customer clicks on the confirm button to confirm their order for the Product(s) selected, they acknowledge having read and accepted the present General Terms and Conditions of Sale.
The Customer is encouraged to attentively read the following clauses.
The Customer must accept and agree to the present General Terms and Conditions of Sale before being allowed to purchase one of the Products present on the Website.
To apply the present General Terms and Conditions of Sale, the Customer and PICTURE are collectively referred to and the “Parties” and individually referred to as the “Party”.
Article 2 • Products
2.1 Presentation and key features
The Product photos or illustrations present on the Website are non-contractual. PICTURE is therefore in no way liable for any discrepancies between one of the photos or illustrations and the Product.
PICTURE informs the Customer of the key features of the Product for sale, especially with regard to:
· the brand and model,
· the Product references
· the price,
· the guarantees,
· the technical features
· etc. …
PICTURE encourages the Customer to read through the features.
PICTURE agrees to deliver Products that comply with current laws and regulations in effect, and in accordance with national and European provisions.
2.2 Availability
PICTURE agrees to fulfill all online orders base on available inventory.
The Products available are those published on the day the Customer visits the Website, unless otherwise mentioned or in special cases with an error in inventory due to a bar code and/or labeling problem.
At any moment PICTURE reserves the right to stop selling a Product, without negating any orders already made for said Product.
For an order that includes several products, if one of the products ordered is not available, PICTURE will still ship the order and only include the available products.
Under no circumstances will the Customer be invoiced for the unavailable product(s).
Article 3 • Price
The prices are indicated in euros and include the value added tax. The prices indicated do not include shipping costs or customs fees or any other duties and/or taxes related to importing the Products into the country where the Customer resides; if applicable, they are the Customer’s responsibility.
It is hereby stipulated that the value added tax is the VAT in France at the usual rate in effect and this until July 1, 2021, for the order confirmed.
Starting on July 1, 2021, Picture will apply the VAT in effect in the country where the product(s) is(are) delivered.
If the VAT rate is modified, this change could have repercussions on the price of the Products.
Additional processing fees, shipping fees, and packaging fees are invoiced. These fees vary based on the shipping method the Customer chooses.
Shipping fees are indicated in the “Delivery time and shipping fees” tab, as well as on the order summary provided when confirming the purchase.
PICTURE reserves the right at any moment to change the prices indicated on the Website, and without prior notice. The Products will be invoiced based on the prices in effect at the moment when the Customer confirms their order.
Article 4 • Customer account
All orders are placed online, through the Website.
When placing their very first order, the Customer has the option of creating a customer account or placing the order as a guest.
To place an order using a customer account, during the first connection, the Customer needs to create a login and a password.
When placing an order as a guest, the Customer will only be required to provide an email address and the necessary contact information to deliver the package.
In the event the Customer forgets their password, the Customer will need to enter their email address in the corresponding field and the system will automatically send a new password to their email address.
When creating their customer account, the Customer is liable for all the information provided. In the event of an error, especially with regard to the contact information of the recipient, PICTURE cannot be held liable in the event that it is impossible to deliver the Products.
Article 5 • Placing an order
The Customer places their order through the Website and chooses the number of Products, color, and size. All orders mean that the Customer agrees to the price(s) corresponding to the Product(s) ordered.
The Customer also must provide the delivery address, choose the shipping method, and indicate the payment method.
Once the ordered is filled, the Customer has the opportunity, in the summary, to verify the Product(s) ordered, the number of Product(s) ordered, and the total price of the order.
The Customer confirms their order by clicking on the Order button, and thus agrees to the order as well as the all of the present General Terms and Conditions of Sale, and this without exception.
The Customer then proceeds to payment. The Customer will receive a purchase order by email.
As soon as the order is recorded, an order conformation will be sent to the email address that the Customer provided.
The order confirmation specifies:
· The order number,
· The main Product features,
· The number of Products,
· The amount invoiced, including shipping fees,
· Payment confirmation,
· The shipping method and the delivery address for the order,
· PICTURE’s contact information,
This order confirmation validates the transaction. The Customer accepts that the computerized order registration systems correspond to the proof of purchase and the date of purchase.
PICTURE reserves the right to refuse or to cancel an order if said order appears unusual, especially with regard to the quantity and prices in the order, and leaves PICTURE to believe that the Customer is purchasing the Products for the purpose of reselling them.
Article 6 • Payment and retention of ownership
Full payment is made at the time of the order, and in euros.
Payment can only be made by credit or debit card: CB, VISA, MASTERCARD, EUROCARD, and by PAYPAL.
The transaction is debited from the credit or debit card used by the Customer, right at the moment when the product(s) are to be shipped, after verifying the card information, and upon receiving payment authorization from the company issuing the credit/debit card used in compliance with article L.132-2 of the French Monetary and Finance code; the commitment to pay when using a payment card is definitive. By providing information relative to their credit or debit card, the Customer authorizes PICTURE to debit their credit or debit card for the amount that corresponds to the price of the Product(s) plus the shipping fees, and the value added tax.
The Customer provides the sixteen numbers of their debit or credit card, the expiration date when applicable, and the card security code.
In the event of fraudulent use of the credit or debit card used for their order, the Customer is encouraged to contact PICTURE at the following telephone number: +33 (0)4 73 26 75 43, Monday through Friday, from 09:00-12:00 and 14:00-17:00, during non-holiday periods, or by sending an email to the following email address: online@picture-organic-clothing.com
An order confirmation is sent to the Customer after each order. The invoice also remains available in the Customer account.
Article 7 • Secure payment
The Website is equipped with a secure payment system: SSL encryption protocol, reinforced with other scrambling and encryption protocols to protect as effectively as possible all of the sensitive data linked to the payment methods, especially the Dalenys plugin.
Article 8 • Delivery
The Products are shipped to the delivery address that the Customer provides during the order process.
It is the responsibility of the Customer to verify the completeness and compliance with all information provided to PICTURE, the latter being in no way responsible for any input errors or consequences in terms of delivery delay or error. In this context, all costs related to resending the Products will be at the Customer’s expense.
PICTURE ships orders within 3 to 5 days for deliveries in metropolitan France, Germany, Austria, Belgium, the Netherlands, Luxembourg, and Hungary, 7 days for Monaco.
It is specified that the shipping times indicated are in working days, and do not include Saturday, Sunday, or holidays, and correspond to average shipping times, including processing time, preparation time, and transport time. The time starts from the date when PICTURE officially confirms the order.
In the event the order arrives after the delivery date, the Customer has the option of canceling the sales contract by sending a certified letter with request for a receipt to the following address:
PICTURE ORGANIC CLOTHING
175 RUE GEORGES CHARPAK
63118 CEBAZAT
FRANCE
If, after providing PICTURE with a formal notice to ship the order within a reasonable timeframe, the latter is not executed within this timeframe, the contract is, in this case, considered terminated upon reception, by PICTURE, of the letter, except if the delivery was made in the interim.
In the event the sales contract is terminated, the Customer will be reimbursed as quickly as possible, by any means of payment, the entire sum paid, and no later than fourteen (14) days after PICTURE officially receives the certified letter.
PICTURE cannot be held responsible for the failure to properly execute the contract, especially with regard to shipping errors that are the fault of the Customer (incorrect or incomplete shipping address provided), unforeseeable and uncontrollable errors committed by a third-party involved in the contract, or in the event of a force majeure.
Shipping costs vary based on the geographic region of delivery, the shipping method selected, and the total amount of the order. This is detailed on the “Delivery times and costs” page. In any event, the shipping costs are provided to the Customer before order confirmation.
Article 9 • Receiving the order and Product compliance
When receiving the Product(s), the Customer is required to verify the state of the packaging and the integrity of the Product(s) delivered, and, if is the case, to indicate on the shipping company’s delivery slip all reservations and claims, and to inform PICTURE by sending a copy of the claims made with the shipping company by regular or electronic mail to the following address: PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT, FRANCE.
The Customer is also required to declare to PICTURE, within 5 days starting on the day of delivery, all shipping errors and/or missing items. All claims made beyond this timeframe will be denied without the possibility of recourse.
Upon delivery, the Customer is also required to verify the compliance of the Product(s) received as per the purchase order. PICTURE should be notified, within the legal timeframe, of all non-compliant or defective products.
Article 10 • Legal warranty of conformity
When you purchase a product, it is covered by the legal warranty of conformity. The legal warranty of conformity applies to defects already present in the products at the date of delivery of the product and for a maximum period of 2 years after the delivery of the new product. The legal warranty of conformity is different from the commercial warranty.
o What defects are covered for the legal warranty of conformity to apply? We speak of a conformity defect in the following situations:
- Goods unsuitable for the usual expected use of a similar good (for example, a technically waterproof product that does not meet waterproofness requirements);
- Goods that do not correspond to the description given by the seller even if they function perfectly (for example, the color of the product does not match the description of the presented model);
- Goods that do not have the qualities announced by the seller or agreed upon with you (absence of a zipper on a product that was supposed to have one);
- Goods that present a manufacturing defect, imperfection, or poor assembly.
- Defects can arise from :
- The goods themselves,
- The packaging,
- Assembly instructions,
- Installation when done by the seller.
However, the legal warranty of conformity does not apply in the following cases:
- You were aware of the defect at the time of purchase.
- You could not have been unaware of the defect at the time of purchase (for example, if the seller informed you);
- The defect results from materials supplied or added (for example, applying a patch not supplied by PICTURE or modifications made to the product outside the scope of after-sales service).
How to invoke the legal warranty of conformity?
o You purchased the product less than 2 years ago:
- You bought your product on the PICTURE ORGANIC CLOTHING website or in a PICTURE STORE:
The defect is considered to have existed before the purchase of the product. Therefore, you do not have to prove the date of appearance of the defect. For purchases in a PICTURE STORE, simply return the product to the store with the invoice or receipt. The store will provide a solution based on its commercial policy. For purchases on e-commerce, you can contact our After-Sales Service via this form for us to arrange the return. The procedure is free. In accordance with PICTURE ORGANIC CLOTHING's policy, we prioritize repairing products. However, we reserve the right to offer you a compensation solution adapted to your request, at the discretionary discretion of our teams. The refund is full in case of product refund and partial if you wish to keep the product. For returns to stores, PICTURE ORGANIC CLOTHING favors replacing the product, and only a credit note can be issued if the product is unavailable.
- You purchased your product from an authorized independent reseller: When you purchased your product from an authorized independent reseller, meaning outside the PICTURE STORE network and picture-organic-clothing.com, the legal warranty applies through your reseller first. In the event that the reseller is too far from your home or unreachable, the After-Sales Service team may redirect you to a solution suitable for your situation. In this regard, no complete product refund can be requested from Picture for the products concerned.
o You purchased the product more than 2 years ago?
The legal warranty of conformity is only valid for a period of 2 years from the delivery. After this period, PICTURE ORGANIC CLOTHING offers the Lifetime Repair warranty on a selection of products.
Article 11 • Right of cancelation
The Customer legally has twenty-one (21) days starting from the delivery date of the Product(s) to exercise their right to cancel an order without having to provide a motive, justification, or pay penalty fees, except for the return shipping costs, simply by filling out the cancelation request form available in the customer area.
Our customer service department must receive the product or products no later than 14 days after the request is made.
As the return shipping costs, as well as the customs fees for international shipments, are at the customer's expense, we suggest that you choose a tracked shipment with a signature and that you insure it for the value of its contents. The customer must return the items by post to our warehouse, to the following address only :
PICTURE ORGANIC CLOTHING
175 RUE GEORGES CHARPAK
63118 CEBAZAT
FRANCE
It is the responsibility of the Customer to keep the drop-off receipt provided by the shipping company; the shipping company stamp serves as proof of the Product return date. In case of loss of the package or delivery error, we cannot guarantee the refund of this return.
PICTURE will proceed with reimbursement of the products after receiving said products within the legally stipulated timeframe.
The risks and returns costs are at the Customer’s expense.
The right to cancel is reserved only for Products returned in their entirety, unused, in perfect condition, in their original packaging, and with a copy of the purchase order. Products returned with missing components, damaged, dirty, or broken will not be taken back.
In compliance with the provisions of French consumer law, the Customer may not exercise the right of cancelation for personalized Products or Products made according to their own personal specifications.
PICTURE does not make exchanges.
Article 13 • Customer service
For all information, questions, or claims, PICTURE’s customer service is available for the Customer:
· by email: online@picture-organic-clothing.com,
· by regular mail: PICTURE ORGANIC CLOTHING 175 RUE GEORGES CHARPAK 63118 CEBAZAT – FRANCE,
· by telephone: +33 (0)4 73 26 75 43, Monday through Friday, from 09:00-12:00 and 14:00-17:00, during non-holiday periods.
Article 14 • Force majeure
PICTURE cannot be held liable for any delays or late deliveries due to a force majeure, meaning any unpredictable or uncontrollable external event.
PICTURE shall be excused of all obligations in the event of a force majeure in accordance with French jurisprudence. In this case, PICTURE will inform the Customer as quickly as possible of the duration of the force majeure event and of the foreseeable consequences.
Article 15 • Non-waiver clause
If PICTURE chooses at a given time not to enforce one or several of the clauses of the present General Terms and Conditions of Sale, this does not mean that PICTURE waives its right to enforce them at a later date.
Article 16 • Modification
PICTURE reserves the right at any moment to modify the provisions in the present General Terms and Conditions of Sale. The Customer is bound to these modifications.
All orders will be governed by the version of the General Terms and Conditions of Sale in effect on the day the Customer places the order.
Article 17 • Independent clauses
In the case where one (or several) provision(s) of the present General Terms and Conditions of Sale are considered null and void, the validity of the other provisions remain in effect unless they are considered indivisible and bound to the nullified provision.
Article 18 • Governing law - Disputes
The sales contract executed between PICTURE and the Customer falls under French law; all international conventions are excluded.
In the event of a dispute, the Customer is informed that they have the right to seek a consumer mediator after failure to resolve the dispute amicably with PICTURE, in compliance with French consumer law.
The Customer will find detailed information on this topic at the following website: https://www.economie.gouv.fr/mediation-conso
If a settlement cannot be agreed upon amicably, the courts in France have the exclusive authority. The court with the jurisdiction to adjudicate the dispute will be designated according to proper procedure in France at the time of the dispute.