Terms and Conditions of APPLY FOR A SHORE STORE, 40 IMPASSE COLONEL LAMY, 69008 LYON, FRANCE
This website is brought to you by APPLY FOR A SHORE ASSOCIATION. We ask that you read this Terms of Sale carefully as it contains important information about your purchase with us.
1.1 ACCEPTANCE OF TERMS
1.1.2. You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
1.1.3. Separate Terms of Sale govern the use of this website to buy good on-line from APPLY FOR A SHORE STORE and you must agree those terms before making any purchase from us.
1.1.4. We reserve the right to update or amend these Terms at any tim and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms regularly for any changes.
1.1.5. You hereby accept and acknowledge that the Internet is not and cannot be a totally secure environment at any time and that any information delivered to any server can be the subject of unauthorized access. We take all reasonable steps and take all reasonable care consistent with security afforded by contemporary technology both to keep and to check that its agents keep your personal information secure from unauthorized access. You however accept the risk that your personal information may be subject to unauthorized view and use by continuing to use this Website and by using this website to buy our products.
1.2 ACCEPTANCE OF TERMS
2. ELIGIBILITY TO PURCHASE
2.1. The purchase of merchandise through us is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with French law.
2.2. In order to make purchases through the Website, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
2.3. The Website is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit card or debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card or debit card in the amount of the total purchase price for the merchandise which they purchase.
2.4. Purchases made on the Website by consumers are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit.
2.5. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
2.6. Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
3.1. All orders are subject to acceptance and availability.
3.2. We offer products for sale that are in stock and available for dispatch from our distribution center. Alternatively you may simply choose to register your email address for notification of arrival of the required product not held in stock.
3.3. Requested items received into stock may be pre-allocated to customers on the Waiting List or customers ordering through the Website for immediate delivery.
3.4. If you have registered your email address for notification of the arrival of a specific product featured on our Website, we will attempt to notify you by email within 48 hours of the product becoming available on the Website. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
3.5. Prices shown on the Website are in EUR/USD/GBP and are inclusive of VAT at the rate prevailing at the time of supply. Receipts where appropriate will set out any VAT levied on the transaction.
3.6. All prices and offers remain valid as advertised from time to time.
3.7. The EUR/USD/GBP price of a product displayed on the website at the time the order is accepted will be honored.
3.8. You will also incur carriage costs and for purchases to be delivered outside of the FR any duties levied by the jurisdiction to which you have specified delivery. The final price will be calculated in accordance with the applicable exchange rate on the day your debit or credit card company processes the transaction.
3.9. We reserve the right to change any price without notice.
4. PRODUCT INFORMATION
4.1 We take all reasonable endeavors to ensure that:
4.1.1. The colours and or appearance of the products are represented as accurately as possible, however, we cannot guarantee that the colour and or appearance of the product displayed on your monitor will be the same as that of the product as the colour and appearance shown on the monitor will depend on the monitor’s hardware and settings.
4.1.2. The sizes and measurements of products indicated on the website are offered by reference to accepted industry measurements (eg: XL, L, M, S; small; medium; large; adjustable; etc) but there may be variations.
4.1.3. The details, descriptions, prices and any other information of the products on the website were correct when that information was entered into the Website. We reserve the right to refuse any orders where the details, descriptions, prices or any other information have not been properly published for any reason on the website.
4.2. Goods are subject to availability.
6. DESCRIPTION AND PRICE
Goods and prices payable are set out (together with the value added and/or any other applicable tax) on this website.
7.1. Where Goods are delivered to the Buyer’s address, the Buyer will be informed about the cost of such delivery at the time of payment.
7.2. Goods supplied within the FR will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order. Custom specified product will be delivered in agreement with the Buyer.
7.3. Goods supplied outside the FR will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order. Custom specified product will be delivered in agreement with the Buyer.
7.4. Where a specific delivery dates has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.5. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.6. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.7. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.8. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8. CANCELLATION AND RETURN
8.1. The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 30 days.
8.3. Where a claim of defect or damage is made, the goods shall be returned by the Buyer to the Seller within 30 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4. Goods must be returned by the Buyer at the Buyers expense within 30 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.5. Goods to be returned must clearly show the order number obtained from the Seller on the package. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9. SALE PRICE ADJUSTMENT POLICY
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price.
10. ACCEPTANCE OF YOUR ORDER
10.1. Once you have made your choice and your order has been placed in the shopping basket and payment has been tendered, unless you cancel your order, acceptance of your order and completion of the contract between you and APPLY FOR A SHORE ASSOCIATION will be perfected when our agents or we dispatch the goods to you. The sale contract is therefore concluded in Lyon, FRANCE and the language of the contract is English.
10.2. We reserve the right not to accept your order for any reason, for example,
10.2.1. that we are unable to obtain authorisation for payment,
10.2.2. that shipping restrictions apply to a particular item,
10.2.3. that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn,
10.2.4. that you do not meet the eligibility criteria set out at 2.
10.3. If a product you place an order for becomes out of stock or unavailable after the order is placed but before that order is accepted, you will not be charged for that product.
10.4. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
11.1. Payment can be made by Visa, Visa Electron, MasterCard, Maestro, Visa debit cards, PayPal for so long as the issuer sanctions such method of payment. Payment will be debited and cleared from your account upon receipt of your order by APPLY FOR A SHORE ASSOCIATION. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
11.2. If the issuer of your payment card refuses to authorise payment to APPLY FOR A SHORE ASSOCIATION, we will not be liable for any delay or non-delivery.
11.3. We take all reasonable care to make our Website as secure as we can make it. All credit card transactions on this Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions. To help ensure that your shopping experience is safe, simple and we use.
11.4. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
11.5. We provide the option for you to safely store your credit card details, making it quicker and simpler to shop with us. Your full card details will never be displayed, except for the last 4 digits so that you know which of your cards you are using. You can delete your card details by unchecking the box “remember my payment details” on the payment page.
12. TAXES AND DUTIES
If you do not live in an Eurpean Economic Community (EEC) country you will be responsible for any custom charges imposed in you country. We cannot predict what these might be so you may be better contracting your local customs office to find out more.
13. RECEIVING A REFUND
13.1. All correctly returned products will either be credited to the original purchaser’s credit card or debit card or APPLY FOR A SHORE STORE account and exclude shipping costs (with the exception of faulty items).
13.2. Outside the EU, customs duties and sales taxes are non-refundable through us. However, you may be able to recover these by contacting your local customs bureau directly.
14. IMPORTANT INFORMATION WHEN RETURNING PRODUCTS NON-CONSUMERS
14.1. All items must have a Return Merchandise Authorization (RMA) number. Unidentified returns may be returned to the sender.
14.2. Items must be returned within 7 days of receiving your RMA number by email.
14.3. Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
14.4. Items should be sent in their original packaging to ensure they are adequately protected in transit.
14.5. Items must be returned unused, and with all APPLY FOR A SHORE tags and or bar coding and where applicable, designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer.
14.6. Where provided, any original designer packaging such as authenticity cards, dust bags and tags must be included with your return.
15. LATE RETURNS
15.1. Items must be returned within 7 days of the date of your RMA request.
15.2. Returns outside these timeframes may be accepted at our discretion and may only be refunded as a store credit. Please note that RMA numbers requested after 7 days will also be granted at our discretion.
16. FAULTY GOODS
16.1. Goods are classified as faulty if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
16.2. If you would like to exchange a faulty item, please be aware that we can only replace subject to availability.
17. WEBSITE SECURITY
17.1. To help ensure that your shopping experience is safe, simple and secure we use Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
17.2. You will also notice that when you look at the location (URL) field at the top of the browser you will see it begin with ‘https:’ instead of the normal http: This means that you are in secure mode.
18. DIGITAL SECURITY CERTIFICATES
18.1. APPLY FOR A SHORE STORE is registered with GeoTrust - powered by Symantec as an authentic site. GeoTrust is one of the largest provider of digital security certificates, which ensure that your information is kept private while in transit between your web browser and our web server. To learn more about GeoTrust - porwered by Symantec, what it means to be an authentic site, and other security information, click on the authentic site seal below.
19.1. At our request, you agree fully to defend, indemnify and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Website or the use by any other persons accessing this Website using your Internet account.
19.2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
20. OUR RELATIONSHIP
20.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Sale, or your use of this Website for the purchase of products.
20.2. You agree that you may not and will not hold yourself out as a representative, agent, or employee of us, and we shall not be liable for any representation, act, or omission on your part.
21. ENTIRE AGREEMENT
21.1. The Terms of Sale constitutes the entire agreement between you and us regarding your use of this Website for the purchase of products, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and us in relation to such matters.
21.2. In the event any other rules, code of conduct, or other matter posted on this Website conflicts with the terms of the Terms of Sale, the Terms of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Sale.
21.3. You confirm that, in agreeing to accept the Terms of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms of Sale.
22. FORCE MAJEURE
22.1. We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to:
22.1.2. Lock outs.
22.1.7 Failure of any communications, telecommunications or computer system.
22.1.8 Breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply.
And we shall be entitled to a reasonable extension oftime to perform our obligations.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable. Should a regulation of these general terms of business be ineffective, the effectiveness of the remaining regulations is not thereby touched.
24. GOVERNING LAW
The substantive law regulating the use of this Website is the law of France and non EU consumers agree to submit to the exclusive jurisdiction of the French courts.
25. INTELLECTUAL PROPERTY RIGHTS
25.1. This Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
25.2. In accessing the Website you agree that, other than in the event you wish to buy our product, you will access the contents solely for your personal, non-commercial use.
25.3. None of the content may (except for downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only) be:
without the prior written consent of the copyright holder.
You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of these Terms and any claim or demand brought against us by any third party arising out of your use (or abuse) of this Website or any part of it including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms.