Sales terms & conditions

General Conditions of Sale

Effective Date: August 1, 2022

 

1.     OBJECT

 

These Terms and Conditions of Sale apply without restriction or reservation to all online sales offered by L'EXCEPTION (hereinafter the “Seller” or “L'EXCEPTION”) on the contact@lexception.com website (hereinafter the “Site”).

The Site is an e-commerce platform, which allows Internet users (hereinafter, the “Buyers”) to acquire the products, put up for sale on the Site (hereinafter, the “Products”). L'EXCEPTION is the French leader in creative fashion and luxury for women and men with more than 500 brands.

The purpose of these terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of the Site.

The applicable version of the General Conditions is the one available online on the Site on the date of the Buyer’s order.

These general conditions of sale prevail over any other general or special conditions not expressly approved by the EXCEPTION.

They may be supplemented as appropriate by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in case of contradiction, prevail over them.

The fact that the EXCEPTION does not at any time invoke any of the general conditions of sale cannot be interpreted as a waiver of any of the said conditions at a later date.

The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The temporary or permanent inapplication of one or more clauses of the general conditions of sale by the EXCEPTION shall not constitute a waiver on its part of the other clauses of the general conditions of sale which continue to have their effect.

The Site is accessible to all users of the internet network by principle 24/24, 7/7, unless interrupted, scheduled or not, by the EXCEPTION or its service providers, for the purposes of its maintenance and/or security or force majeure or update of the Site. The EXCEPTION cannot be held responsible for any damage, whatever the nature, resulting from an unavailability of the Site.

The EXCEPTION does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will function without failure or interruption. In this regard, it may freely and in its sole discretion determine any period of unavailability of the Site or its content. Nor can the EXCEPTION be held responsible for problems of data transmission, connection or unavailability of the network.

 

2.     IDENTITY OF SELLER AND CONTACT

 

The Site is operated by L'EXCEPTION, a simplified joint-stock company with a capital of €3,766,323, registered in the Paris Trade and Companies Register under number 534 017 280, whose registered office is located at 12 rue Philippe de Girard, La Caserne, 75010 Paris, which offers Products for sale.

The EXCEPTION may be contacted at the following coordinates, in particular for any complaint:

Postal address: 12 rue Philippe de Girard, La Caserne, 75010 Paris

Telephone: 01 76 44 01 44

Email: contact@lexception.com

 

3.     LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS

 

1.     Legal capacity

 

The Site is accessible:

-       To any natural person having the full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity may access the Site only with the agreement of his legal representative.

 

-       Any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

 

2.     Acceptance of Terms and Conditions

 

The acceptance of these general conditions by the Buyer is materialized by a check box in the order form. This acceptance can only be full and complete. Any qualified acceptance is considered null and void. The Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.

3.     Registration on the Site

Placing an order on the Site requires the Buyer to register on the Site by completing the form provided for this purpose.

 

In all cases, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the name of the Buyer (hereinafter, the "Account"), giving him access to a personal space (hereinafter, the "Personal Space") which enables it to manage its purchases in a form and according to the technical means deemed most appropriate by the EXCEPTION.

The Purchaser warrants that all information provided by the Purchaser in the Registration Form is accurate, current and truthful and is not misleading in any way.

He undertakes to update this information in his Personal Area in the event of changes (in particular: change of postal address), so that they always correspond to the aforementioned criteria.

The Buyer is informed and agrees that the information entered for the purpose of creating or updating its Account constitutes proof of its identity. The information entered by the Buyer binds him as soon as they are validated.

The Buyer can access his Personal Area at any time after having logged in using his login ID as well as his password.

The Buyer undertakes to use his Account personally and not to allow any third party to use it on his behalf or on his behalf, except to bear full responsibility for it.

It is likewise responsible for maintaining the confidentiality of its username and password, any access to the Site using the latter being deemed performed by the Buyer. The latter must immediately contact the EXCEPTION to the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the EXCEPTION’s right to take all appropriate measures in such cases.

 

4.     PRODUCT CHARACTERISTICS

 

Before ordering online, and in particular in accordance with the provisions of Article L111-1 of the French Consumer Code, the Buyer may take note on the Website of the characteristics of each Product he wishes to order.

The Products are offered for sale online within the limits of the available stocks and according to their arrival, or subject to the possibility of ordering them if necessary.

The information concerning the Products, entered on each sales page, is that communicated to THE EXCEPTION by the suppliers of these Products.

The EXCEPTION will ensure that photographs and product descriptions on the Website are as accurate as possible to the products themselves. The Products offered for sale are described and presented as accurately as possible. However, a minimal variation in the colour of the Product(s) does not bind the EXCEPTION and does not affect the validity of the sale.

During the purchase tunnel, the BUYER can choose to add a gift packaging to his Order.

The gift box is charged €3 including tax per piece. The gift bag is charged €2 including taxes per piece. The Buyer can add as much gift packaging as Products in his basket. Gift wrapping may not be available for oversized Products.

In case of return of orders, gift packages are not refundable.

 

5.     SPECIFIC CONDITIONS: THE BOX BY EXCEPTION

 

The Exception provides its customers with a service called “The Box by The Exception”.

Use of this service requires prior registration on the Site. The "La Boîte par L'Exception" service explicitly meets the specific conditions of sale set out in this article in place of the Site’s General Terms and Conditions.

In the event of a conflict between the Terms and Conditions, these special terms and conditions of the "La Boîte par L'Exception" service shall prevail for the Buyers. 

Order process: The Buyer indicates in his questionnaire his preferences in terms of style, he also provides information of measurements. These data are used exclusively by the employees of the Exception in order to be able to provide the customer with a personalized selection of products. This information can be completed after exchange with the Buyer by email or by phone. 


At the end of this questionnaire, the Buyer registers a payment authorization of €300 with his bank card. The credit card is not charged. After explicit validation of the general conditions of sale and validation of the fingerprint of the bank card by the company PLEDG, the order is considered confirmed by the Buyer.

 
After confirmation from the Buyer, the Exception decides on a selection of Products that will be sent to the Buyer. These Products are priced at the public price charged on the Site (public price before sale or discount). The maximum amount per order is €2,000 (including all fees). The Exception will inform the Buyer of the Products sent to it on the day of dispatch of the order. An invoice will be issued in the name of the Buyer for an amount equal to the total of the products sent.

Right of withdrawal: After receipt of its Box by L'Exception, the Buyer will have 14 days to return the products he does not wish to keep. The Buyer must make a return request from the "My Boxes" section of his customer account indicating the products he keeps and those he returns. At the end of this procedure, L'Exception will provide a prepaid Colissimo voucher or arrange a pickup by courier in Paris. 


Returns: Returned Products must be in good condition and returned in their original packaging, to which is added a packaging covering the entire Product; they must not bear any traces of use and must be accompanied by their accessories. Each Product must be unworn, unwashed and in perfect condition.

The Customer has the possibility to try a Product as in a physical store, but he undertakes not to wear it.

If the Product you return to us is damaged, worn or in poor condition and therefore cannot be resold, we will not be able to refund you and we may have to return it to you (and ask you to cover the shipping costs).

All Products are inspected upon return.

To receive a full refund, all returned Products must not have been used/worn and must be in the same condition as you received them with their original packaging, not wrinkled, with all labels still attached (for example, the shoes must be returned to the shoe box you received).


After receipt and verification of the return, a credit note equivalent to the amount of the products returned by the Buyer will be issued. The final price of the box will be calculated as the difference between the invoice issued on dispatch and the invoice issued on return of the Products. The amount charged to the credit card will be equal to this final price.


Exchange: The Buyer may request a large exchange when requesting a return. The new Product will be shipped to the Buyer subject to availability after receipt and control of the return. In case of product exchanged, the Buyer benefits from the same conditions of discounts on quantities.

Quantity discount: If the Buyer keeps more than 5 pieces, a discount of 10% will be made on the sale price of the products kept by the Buyer. If the Buyer retains all of the Products, a 25% discount on the sale price will be made on the products kept by the Buyer. This discount is not cumulative with other current offers, promotions or sales. 

Cover of transport costs: the costs of return and return transport will be covered by L'Exception. The service is only offered on Metropolitan France and in Belgium. 

Payment: the payment service is provided by the company PLEDG, 2 pointe de Kervigorn, 29830 Saint Pabu. The company PLEDG carries out a €300 authorization on the Buyer’s bank card as a guarantee. Following the conclusion of the sale, PLEDG will debit the amount due from the Buyer. In the event of non-payment, recovery is ensured by PLEDG on behalf of the Exception.

 

 

6.     ORDERING

 

1.     Ordering

To place an order, the Buyer must select the Product of his choice and place it in his cart.

He can access the summary of his cart at any time as long as the order is not permanently validated and can correct any errors in the elements entered.

The order is deemed to have been received by the EXCEPTION when it is finally validated by the Buyer.

2.       Order confirmation

 

At the end of his order, the Buyer receives by email a confirmation of it which summarizes the elements of the order and the expected time for delivery.

The Buyer must ensure that the details entered in his Account are correct and that they allow him to receive the confirmation email of his order. If it is not received, the Buyer must contact the EXCEPTION to the contact details mentioned in Article 2.

The EXCEPTION recommends that the Buyer keep the information contained in the order confirmation.

 

7.     PRICES AND PAYMENT TERMS

 

Price

 

The selling prices of the Products are displayed on the Site.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

The EXCEPTION reserves the right, at its discretion and on terms of which it will be the sole judge, to propose promotional offers or price reductions.

The prices do not include any delivery charges applicable to the delivery of the Products, invoiced in addition to the price of these. The amount of the applicable delivery charges will be indicated before the Buyer validates the order.

The applicable price is that displayed on the Site at the time of the Buyer’s order registration.

Any applicable discount codes do not apply to delivery charges, with the exception of specific free delivery coupons. They cannot be refunded. They are not applicable on gift cards.

Promotional Codes

Promotional codes apply only to the base prices in effect on the site at the time of purchase. Some promotional codes can be combined with promotions or sales. The application conditions are indicated when the promotional code is distributed. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by THE EXCEPTION. These codes are not refundable when using the right of withdrawal offered to the Buyer.

Payment terms

 

The full price of the Products is due upon order.

Payment can be made online by credit card, through the secure online payment service indicated on the Site.

L'EXCEPTION also offers payment in 2x, 3x or 4x by credit card via its partner ALMA.

This payment in 2x, 3x or 4x by credit card free of charge is available from 80€ in France, Belgium, Spain, Italy, Germany, Austria, Ireland, Luxembourg, Netherlands, Portugal.

Multiple/deferred payment is available through our partner Alma. Payments are secured by Alma and its service providers. All payments are protected by 3D Secure.

P2X purchases amount:
Only purchases between €80 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €80 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €80 and €2,000 are eligible for payment with Alma.

Fees
By paying several times with Alma the Customer does not pay any fees.

Alma is a remote payment manager and issues an electronic certificate that will prove the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.

Termination
Any termination of the Terms that bind the Seller and the Customer, results in the termination of the Alma Terms and the Customer.

By paying multiple times for your order with ALMA, you agree to the Alma Customer Terms and Conditions as well as the Alma Special Conditions for THE EXCEPTION Customers:

Conditions générales client ALMA : https://api.getalma.eu/v1/legal/terms/customer/merchant_11jEww066wICDA9JocwOOM02mGqm1sGEkf

Alma Special Conditions for Clients The Exception: https://api.getalma.eu/v1/legal/terms/customer/merchant_11jEww066wICDA9JocwOOM02mGqm1sGEkf#specific-tos

 

DIFFERE PAYMENT WITH PLEDG: "TRY FIRST, PAY IN 30 DAYS"

 

Our partner Pledg offers you a financing solution called Deferred Payment, which allows you to pay your order within 30 days.

Subscription terms: At the time of confirming your order, our partner Pledg will offer you to choose the Deferred Payment service to pay your order. If you wish to subscribe to this service, your contact details will then be sent to Pledg who, subject to acceptance of your file, will offer to pay for 30 days. As soon as Pledg accepts your application, your order will be validated, no fees will be applied. You will then be charged the full amount 30 days after your order. If you apply for a financing solution offered by Pledg, the information relating to your order will be sent to Pledg, which will use it to study your application for the granting, management and recovery of the financing. Pledg reserves the right to accept or refuse your request for funding. You have 14 days to withdraw from this financing. More details here: https://pledg.co/faq/

How the 30-day deferred payment works: The 30-day deferred payment allows you to pay the order made on the Exception as follows: the amount due is taken 30 days after the validation of the payment and confirmation by Pledg. No fees are applied to your deferred payment.

PAYMENT IN CRYPTOCURRENCY WITH LUNU

 

Our partner LUNU offers you a payment solution with your cryptocurrency portfolio.

This means of payment will be offered to you during the validation of your basket. The reference price remains the amount of your basket in Euro or in the currency chosen on the site lexception.com. By choosing LUNU, you can choose the cryptocurrency of your choice. The amount in currency will be converted into the chosen cryptocurrency. The exchange rate is determined by LUNU and cannot be changed. By scanning the QR Code, you accept the debit of your cryptocurrency portfolio.

In case of return, cryptocurrencies are not refundable. You can choose a credit on your customer account or a refund by transfer to your bank account. This refund will be in euro exclusively and equal to the amount of your purchase. Under no circumstances will the Exception reimburse in cryptocurrency or will be responsible for the fluctuation of the price of cryptocurrencies.

For more information on LUNU: https://lunu.io/

 

The Buyer guarantees to the EXCEPTION that he has the necessary authorizations to use the chosen method of payment.

The EXCEPTION reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Invoicing

 

The invoice corresponding to each order made by the Buyer can be downloaded as soon as the order is shipped from his customer account.

Retention of title

 

The EXCEPTION retains full ownership of the Products sold up to the perfect collection of the price, including delivery costs.

 

8.     DELIVERY

 

Delivery territory

 

Buyers are expressly informed that the Site does not offer delivery of Products in the countries listed on the Site. 

Modes of delivery

 

The delivery of the Products ordered on the Site is made at the address indicated at the time of the Buyer’s order as a "delivery address" (which may be different from the billing address), or at a relay point of his choice, which can only be located in the territory concerned.

Different delivery methods may be possible, depending on the categories of Products and their weight.

The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the corresponding deadlines and costs for each of these modes.

The Buyer must select the desired delivery method and give all the information necessary for the actual delivery of the Product in this mode.

The Buyer is solely responsible for recovering the Products delivered within the required time.

The Buyer must ensure that the information provided is correct and remains correct until delivery of the Product(s) ordered. The Buyer therefore undertakes to inform L'EXCEPTION of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the email address of the customer service. Failing this, in case of delay and/or delivery error, the Buyer may in no case incur the responsibility of the EXCEPTION in case of failure to deliver, and the Customer Service of the EXCEPTION will contact the Buyer for a second delivery at the Customer’s expense.

Delivery charges

 

Delivery costs will be indicated on the order summary.

Delivery costs vary depending on the delivery method chosen or whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated at the time of his order.

Delivery times

 

The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of Order (excluding products on order). In the case of an ordered product, an estimate of the delivery time is notified to the customer before placing the order.

 

9.     RIGHT OF RETRACTION

 

The right of withdrawal will be exercised in accordance with the terms provided for in the Consumer Code.

All Products may be withdrawn, except those excluded by article L. 221-28 of the French Consumer Code, reproduced below:

 

The right of withdrawal cannot be exercised for contracts:

1) Provision of services fully performed before the end of the withdrawal period and the performance of which has begun after prior express consent of the consumer and express renunciation of his right of withdrawal;

2) the supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3. Supply of goods made to the specifications of the consumer or clearly personalized;

4. The supply of goods likely to deteriorate or perish rapidly;

5) the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6. The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8) Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;

9. Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10. To supply a newspaper, periodical or magazine, except for subscription contracts to these publications;

11) Concluded at a public auction;

12) Provision of accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities, which must be provided on a specified date or period;

13) Provision of digital content not provided on a material medium the performance of which has begun after prior express consent of the consumer and express renunciation of his right of withdrawal.

 

Apart from this type of Products, the Buyer has a period of 30 working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or to pay penalties, with the exception of the return costs which remain at his expense and which he must pay under the following conditions:

·       in France, THE EXCEPTION will bear the costs of return by providing a prepaid Colissimo voucher or organizing a pickup by courier in Paris;

 

·       outside France, the means of return will be on the initiative, at the convenience and expense of the Buyer. In case of return outside Metropolitan France, L'EXCEPTION offers the possibility to have the return fees credited to the customer account. These fees can be used on a future order, they are not refundable. These fees are credited on request to customer service. The amount refunded is limited to 50€ per return. The return must be made exclusively to the following address:

EXCEPTION / Return Service

TWENTIETH TRANSPORTS

13 Dave Street

52250 PERCEY LANYARD

 

The Buyer who wishes to exercise his right of withdrawal must notify his request for return from his customer account The Exception before the expiry of the time-limitAbove, he also has the possibility to use the withdrawal form attached to these terms and conditions duly completed. They can also contact customer service to request assistance in this regard by clearly stating their willingness to withdraw and indicating their order number. In this case, the customer service will confirm the return request with a unique return identifier. The Products must be returned to the EXCEPTION in their original packaging, without delay, by the Buyer, of his desire to withdraw. Each Product must be unworn, unwashed and in perfect condition.

The Customer has the possibility to try a Product as in a physical store, but he undertakes not to wear it.

If the Product you return to us is damaged, worn or in poor condition and therefore cannot be resold, we will not be able to refund you and we may have to return it to you (and ask you to cover the shipping costs).

All Products are inspected upon return.

To receive a full refund, all returned Products must not have been used/worn and must be in the same condition as you received them with their original packaging, not wrinkled, with all labels still attached (for example, the shoes must be returned to the shoe box you received).

Products that cannot be marketed again by L'EXCEPTION cannot be returned (gift box, gift bag, etc.).

 

They must be accompanied by the return slip sent to the customer at the time of his return request. The Buyer shall be deemed liable in the event of deterioration of the Products upon their return to THE EXCEPTION.

The EXCEPTION may refuse any non-compliant return:

-        Returning an empty package

-        Return of a package containing a different product from the one ordered or requested in return

The customer service will produce the evidence concerning this refusal of the return: photographs of the product received, proof of the carrier, including the weight of the packages at dispatch and return.

In case of a product missing in the return, the Buyer will be contacted by the Exception’s customer service and the amount of the product not returned will be deducted from the refund.

The Buyer will be refunded as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by the EXCEPTION of the request for withdrawal of all sums paid for his order, after deduction of any return costs, which shall be borne by the Buyer. However, the EXCEPTION reserves the right to defer this refund until the Products are actually recovered.

The refund will always be made on the original payment method of the order. The Buyer also has the option, without this being an obligation, to choose whether the refund will be made in the form of a credit that will be available on the Buyer’s Account. This credit will be enhanced by 5%. This credit applies automatically on the Buyer’s next order.

The credit is refundable at any time by contacting the Exception customer service. The 5% discount is non-refundable and in this case will be removed from the Buyer’s Account in proportion to 5% of the amount refunded.

In accordance with Article L.221-23 of the French Consumer Code, the Buyer is informed that its liability is only incurred in respect of the EXCEPTION for a depreciation of the product(s), returned(s) following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of that asset or assets.

 

10.  LEGAL GUARANTEES

 

The EXCEPTION recalls however that the Buyer benefits from the legal guarantees of non-compliance as well as from the hidden defects of the thing sold, including the conformity defects resulting from the packaging of the Products ordered on the Site.

If the Buyer finds that the Product that has been delivered to him has a defect, a defect of conformity or is damaged, he must inform the EXCEPTION to the contact details mentioned in article 2 hereof, indicating the nature of the defect, the non-conformity or damage found and sending him any useful evidence, in particular in the form of a photograph(s).

The EXCEPTION will arrange with the carrier of its choice the terms of the return, which it will inform the Buyer by any useful means. The EXCEPTION will bear the costs of this return.

The Products must be returned to the EXCEPTION in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products not complying with the terms described above may not be taken into account.

The EXCEPTION will carry out the necessary checks and propose to the Buyer the replacement of the Product as far as possible. If replacement of the Product is not possible, the EXCEPTION will refund to the Buyer the full price paid for the Product and the corresponding delivery costs, by any useful means, as soon as possible and no later than 14 (fourteen) days after the date on which the EXCEPTION has informed him of the impossibility of replacing the Product.

The legal texts relating to the legal guarantees are reproduced in Appendix 1 hereto.

 

11.  BUYER’S OBLIGATIONS

 

Buyers are solely responsible for the choice and use they make of the Products. It is up to them to verify the suitability of the Products to their specific needs and constraints prior to the purchase of the said Products.

They must also take the necessary measures to safeguard by their own means the information in their Personal Area that they deem necessary, of which no copy will be provided to them.

Finally, it is up to Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any breach.

 

12.  LIABILITY OF THE EXCEPTION

 

1.     The EXCEPTION undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, the EXCEPTION reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, THE EXCEPTION cannot be held responsible for the difficulties or momentary impossibilities of access to the Site which have as origin circumstances which are external to it, force majeure, or that would be due to disturbances in telecommunications networks.

2.     The EXCEPTION does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.

3.     The liability of the EXCEPTION is excluded in case of direct or indirect damage to property or persons suffered by the Buyer or a third party and resulting from the following cases:

4.     Negligence or misconduct by the Buyer or a third party;

Any use under conditions manifestly non-compliant for the use of the Products.

5.     The EXCEPTION may not be held responsible for the non-performance or delay in the performance of sales contracts due to circumstances outside it or a case of force majeure, it being expressly stated that are considered as cases of force majeure, In addition to those which are usually retained by the jurisprudence of the French courts: exceptional weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blocking of telecommunications networks, means of transport or postal services, including damage caused by viruses for which the security measures on the market do not permit their eradication, as well as any legal or regulatory or public policy obligation imposed by the competent authorities which would have the effect of substantially modifying these general conditions.

6.     In any event, the liability that may be incurred by THE EXCEPTION hereunder is expressly limited to direct and proven damages suffered by Buyers.

 

 

13.  INTELLECTUAL PROPERTY

 

Systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) exploited by the EXCEPTION within the Site are protected by any intellectual property rights or rights of the producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, In whole or in part, without the authorization of the EXCEPTION are strictly prohibited and may be the subject of legal proceedings.

 

14.  PERSONAL DATA, NEWSLETTER AND LIST OF OBJECTIONS TO TELEPHONE SEARCHES

 

Personal data

The EXCEPTION applies a privacy policy whose characteristics are explained in the document entitled «Privacy Policy» which the Buyer is expressly invited to read.

The EXCEPTION understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The EXCEPTION undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, that is, which may directly or indirectly identify you as a person.

As part of the Order, the EXCEPTION is intended to collect personal data of the Buyer. The EXCEPTION undertakes to protect the personal data of Buyers.

Files containing personal data necessary for the Order are kept on the servers of the Site’s hosting provider. This service provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The EXCEPTION does not communicate or trade in the personal data of Buyers.

At the stage of the Order on the Site, the Buyer expressly consents to the collection and processing of its personal data necessary to perform the Orders.

The purpose of the personal data collected by the EXCEPTION is to enable the Order to be carried out. The various personal data will not be kept for longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proving your identity, any Buyer, regardless of his nationality, has the right to access, modify and delete his personal data. Each Buyer is also entitled to request a limitation of the processing of his data and also has a right to the portability of the data as well as a right of opposition to the processing of the personal data concerning him.

For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of the Purchasers' data, the EXCEPTION has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection delegate, contact contact@lexception.com

In any case, any Buyer has the right to make any complaint to the CNIL.

Newsletter

By ticking the box provided for this purpose or by expressly giving its consent for this purpose, the Buyer agrees that the EXCEPTION may send him, at a frequency and in a form determined by it, a newsletter (newsletter) may contain information relating to its activity.

When the Buyer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the EXCEPTION for Products similar to those ordered.

Buyers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

List of objections to telephone canvassing

You have the possibility to register for free on a list of opposition to the BLOCTEL telephone canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by a professional with whom you do not have a current contractual relationship, in accordance with Law no. 2014-344 of 17 March 2014 on consumption.

Every consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.

 

15.  PUBLICIST

 

The EXCEPTION reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which the EXCEPTION will be the sole judge.

 

16.  SPONSORSHIP

 

The sponsorship allows to make benefit to his relatives of a voucher of 15€. This voucher can only be used once by Buyer (same name, same address). Once the voucher is used by the godson, the godfather is credited with an equivalent voucher of €15. The sponsor can receive as many vouchers as different sponsored godson. The godson must have placed an order with a name and/or address different from the sponsor for the voucher to be issued for the sponsor.

In the event that THE EXCEPTION finds irregularities in the use of sponsorship vouchers, THE EXCEPTION reserves the right to cancel the orders in question.

 

17.  FIDELITY PROGRAM

 

EXCEPTION launched its loyalty program on May 1, 2018.

This loyalty program is based on point accumulation. Each euro spent on the EXCEPTION entitles to 10 points (1€ = 10 points), this amount is calculated excluding shipping costs. For example, for an order of €60 with €5 shipping costs, the customer accumulates 600 points.

Points are valid for one year from the date of issue. Accumulating new points extends the validity of all previously acquired points for the same duration. The points have no financial value, they are non-refundable.

In case of order cancellation, the points will be deducted from the amount of the cancellation. In case of order return, the points will be deducted from the amount refunded, as soon as the refund notification by the customer. If the voucher has already been issued prior to the refund request, the voucher will be cancelled automatically.

Points can be converted into vouchers of €5 per 1000 points: 1000 points = €5, 2000 points = €10, etc... These vouchers can be used throughout the site, excluding products on sale, promotion or outlet, starting from €100 purchase. These vouchers are not refundable or convertible into cash. Coupons are not cumulative.

For 5000 points, the customer can unlock a 10% discount code valid on the entire site (excluding sales, promotions and outlets). For 10,000 points, the customer can unlock a 15% discount code valid throughout the site (excluding sales, promotions and outlets).

The Buyer also has access to loyalty badges: Amateur for 2000 points, Connoisseur for 5000 points, Ambassador for 10000 points. These badges have a duration of 1 year following their acquisition. They provide access to specific benefits: invitation to shop events (Ambassador level).

The Exception reserves the right to interrupt or modify the loyalty program. In this case, the points acquired will remain active until the end of their validity period.

 

18.  RATINGS BY AUDIT OPINIONS

 

The EXCEPTION site is rated by an independent trusted third party called Notice-Verified.

 

By accepting these Terms and Conditions, the Purchaser acknowledges that it has been informed that its Personal Data may be transmitted to the Verified Third Party for the purpose of obtaining its opinion following its order. Avis-Verified will use Buyers' Personal Data solely for the purpose of its solution and for the sole purpose of its solution. Avis Verified strictly prohibits itself from disclosing to anyone personal or nominative information enabling to identify the Buyer or infringing the respect of his privacy. The Buyer may object to the distribution of this information to Avis Verified via contact@lexception.com.

 

 

19.  THIRD-PARTY LINKS AND SITES

 

The EXCEPTION may in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would access via the Site.

The EXCEPTION does not assume any responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own terms of use.

The EXCEPTION is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer would be directed through the Site and cannot in any case be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, representations and other obligations to which such third parties are bound.

 

20.  DONATIONS

 

When they take their order, L'EXCEPTION gives customers the possibility to make a donation of a value of €5 to €50 for an association indicated at the time of taking order. 


This sum is set aside and repaid in full by the EXCEPTION to the benefit of the association in question.

Since May 23, 2022, donations will be donated to the Women’s Foundation, 9 Rue de Vaugirard, 75006 Paris. 

These donations are not refundable and are not subject to VAT. 


As donations pass through L'Exception, they cannot be subject to a tax reduction. 


The EXCEPTION will be able to provide proof of deposit of donations at the client’s request.

 

21.  PROHIBITED CONDUCT

 

1.     The following are strictly prohibited: (i) any behaviour that interrupts, suspends, slows down or prevents the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the EXCEPTION’s systems, (iii) any diversion of the Site’s system resources, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breach of security and authentication measures, (vi) any act likely to infringe financial rights and interests, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally more generally (viii) any breach of these Terms and Conditions or applicable laws and regulations.

2.     It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as the information it contains.

3.     The Site is protected by an application firewall. This firewall may restrict access to the site at any time for any behavior detected as abnormal. You can request access to the site by contacting the webmaster.

4.     In the event of breach of any of the provisions of this Article or, more generally, of violations of laws and regulations, the EXCEPTION reserves the right to take all appropriate measures and to institute any legal action.

 

 

22.  DESINSCRIPTION

 

The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to L'EXCEPTION by email, to the contact details mentioned in article 2.

The unsubscribe is effective within a maximum of 7 (seven) days of this request. It results in the automatic deletion of the Buyer’s Account.

 

23.   MODIFICATIONS

 

The EXCEPTION reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer’s order.

 

24.   TONGUE

 

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in case of contradiction or dispute over the meaning of a term or provision.

 

25.   MEDIATION

 

It is also recalled that any consumer has the right to have free recourse to a consumer mediator for the amicable resolution of the dispute between him and a professional. To this end, the EXCEPTION guarantees to the Buyer the effective use of a consumer mediation mechanism.

Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, THE EXCEPTION joins the Service of the Ombudsman of e-commerce of the FEVAD (Federation of e-commerce and distance selling) 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr

You can use the mediation service for consumer disputes related to an order made on the internet.

Finally, it is recalled that mediation is not mandatory but only proposed in order to resolve disputes without recourse to justice. In case of failure of this mediation procedure or if the Buyer wishes to bring the matter before a court, the rules of the Code of Civil Procedure will apply.

The Buyer may also contact the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

 

26.  APPLICABLE LAW AND JURISDICTION

 

These general conditions are governed by French law.

In the event of any dispute as to the validity, interpretation and/or enforcement of these General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless otherwise required procedural rules.



 

ANNEX 1 - LEGAL TEXTS RELATING TO GUARANTEES

Article L. 217-4 of the Consumer Code

The seller is obliged to deliver a good in accordance with the contract and is liable for any non-conformity existing at the time of delivery. He shall also be liable for any noncompliance resulting from the packaging, the installation instructions or the installation where it has been charged to him by the contract or has been carried out under his responsibility.

 

Article L. 217-5 of the Consumer Code

The property complies with the contract:

If it is suitable for the usual intended use of a similar good and, if applicable,
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

 

Article L. 217-7 Consumer Code

Defects of conformity which occur within 24 months of the issue of the property shall be presumed to exist at the time of issuance, unless there is evidence to the contrary. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the property or the alleged lack of conformity.

 

Article L. 217-8 Consumer Code

The buyer is entitled to demand compliance of the property with the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not have ignored when he contracted. The same applies where the defect originates in the materials supplied by it.

 

Article L. 217-9 Code consommation

In case of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.

 

Article L. 217-10 Consumer Code

If repair and replacement of the property is not possible, the buyer can return the property and have the price returned or keep the property and have part of the price returned. The same faculty is open to him:

1) If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;

2) Or if this solution cannot be without major inconvenience for the latter, taking into account the nature of the property and the use he seeks.
However, the sale cannot be resolved if the non-compliance is minor.”

 

Article L.217-11 of the Consumer Code

The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the purchaser. The same provisions do not preclude the award of damages.

 

Article L. 217-12 of the Consumer Code

The action resulting from the failure to comply shall be prescribed by two years from the date of issue of the property.

 

Article L. 217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any capital period of at least seven days shall be added to the remaining term of the guarantee. This period shall run from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is made after the request for intervention.

 

Article 1641 of the Civil Code

The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them.

 

Article 1643 of the Civil Code

He is bound by hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.

 

Article 1644 of the Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and getting the price back, or keeping the thing and getting part of the price back.

 

Article 1648 first paragraph of the Civil Code

The action resulting from the defect must be brought by the purchaser within two years of the discovery of the defect.

 

 


 

APPENDIX 2 – RETURN POLICY AND RETRACTION FORM

The right of withdrawal will be exercised in accordance with the terms provided for in the Consumer Code.

All Products may be withdrawn, except those excluded by article L. 221-28 of the French Consumer Code, reproduced below:

 

The right of withdrawal cannot be exercised for contracts:

1) Provision of services fully performed before the end of the withdrawal period and the performance of which has begun after prior express consent of the consumer and express renunciation of his right of withdrawal;

2) the supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3. Supply of goods made to the specifications of the consumer or clearly personalized;

4. The supply of goods likely to deteriorate or perish rapidly;

5) the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6. The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8) Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;

9. Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10. To supply a newspaper, periodical or magazine, except for subscription contracts to these publications;

11) Concluded at a public auction;

12) Provision of accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities, which must be provided on a specified date or period;

13) Provision of digital content not provided on a material medium the performance of which has begun after prior express consent of the consumer and express renunciation of his right of withdrawal.

 

Apart from this type of Products, the Buyer has a period of 30 working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or to pay penalties, with the exception of the return costs which remain at his expense and which he must pay under the following conditions:

·       in France, THE EXCEPTION will bear the costs of return by providing a prepaid Colissimo voucher or organizing a pickup by courier in Paris;

 

·       outside France, the means of return will be on the initiative, at the convenience and expense of the Buyer. In case of return outside Metropolitan France, L'EXCEPTION offers the possibility to have the return fees credited to the customer account. These fees can be used on a future order, they are not refundable. These fees are credited on request to customer service. The amount refunded is limited to 50€ per return. The return must be made exclusively to the following address:

EXCEPTION / Return Service

TWENTIETH TRANSPORTS

13 Dave Street

52250 PERCEY LANYARD

 

The Buyer who wishes to exercise his right of withdrawal must notify his request for return from his customer account The Exception before the expiry of the time-limitAbove, he also has the possibility to use the withdrawal form attached to these terms and conditions duly completed. They can also contact customer service to request assistance in this regard by clearly stating their willingness to withdraw and indicating their order number. In this case, the customer service will confirm the return request with a unique return identifier. The Products must be returned to the EXCEPTION in their original packaging, without delay, by the Buyer, of his desire to withdraw. Each Product must be unworn, unwashed and in perfect condition.

The Customer has the possibility to try a Product as in a physical store, but he undertakes not to wear it.

If the Product you return to us is damaged, worn or in poor condition and therefore cannot be resold, we will not be able to refund you and we may have to return it to you (and ask you to cover the shipping costs).

All Products are inspected upon return.

To receive a full refund, all returned Products must not have been used/worn and must be in the same condition as you received them with their original packaging, not wrinkled, with all labels still attached (for example, the shoes must be returned to the shoe box you received).

Products that cannot be marketed again by L'EXCEPTION cannot be returned (gift box, gift paper, etc.).

They must be accompanied by the return slip sent to the customer at the time of his return request. The Buyer shall be deemed liable in the event of deterioration of the Products upon their return to THE EXCEPTION.

The EXCEPTION may refuse any non-compliant return:

-        Returning an empty package

-        Return of a package containing a different product from the one ordered or requested in return

The customer service will produce the evidence concerning this refusal of the return: photographs of the product received, proof of the carrier, including the weight of the packages at dispatch and return.

In case of a product missing in the return, the Buyer will be contacted by the Exception’s customer service and the amount of the product not returned will be deducted from the refund.

The Buyer will be refunded as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by the EXCEPTION of the request for withdrawal of all sums paid for his order, after deduction of any return costs, which shall be borne by the Buyer. However, the EXCEPTION reserves the right to defer this refund until the Products are actually recovered.

The refund will always be made on the original payment method of the order. The Buyer also has the option, without this being an obligation, to choose whether the refund will be made in the form of a credit that will be available on the Buyer’s Account. This credit will be enhanced by 5%. This credit applies automatically on the Buyer’s next order.

The credit is refundable at any time by contacting the Exception customer service. The 5% discount is non-refundable and in this case will be removed from the Buyer’s Account in proportion to 5% of the amount refunded.

In accordance with Article L.221-23 of the French Consumer Code, the Buyer is informed that its liability is only incurred in respect of the EXCEPTION for a depreciation of the product(s), returned(s) following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of that asset or assets.

 

 

RETRACTION FORM

 

Return service

 

EXCEPTION / Return Service

TWENTIETH TRANSPORTS

13 Dave Street

52250 PERCEY LANYARD

 

I hereby notify you of my withdrawal from the contract for the following product:

 

Ordered on:

Order Number:

Customer Name:

Customer Address:

 

Client Signature:

 

Date:

 

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