Terms and Conditions of Sale

Article 1. Purpose

These Terms and Conditions of Sale (the "Terms") govern the contractual relationship between Laura Pouyadou EI (Entreprise Individuelle - sole proprietorship, micro-entrepreneur, SIRET 931 874 952 00019, intra-EU VAT number FR90931874952), operating the website geteverwear.com under the trading name "GetEverwear", hereinafter "the Seller", and any natural person of full age not acting as a trader, hereinafter "the Customer", wishing to make a purchase through the website geteverwear.com.

In accordance with article 293 B of the French General Tax Code (CGI), the Seller benefits from the VAT exemption threshold scheme (franchise en base de TVA). VAT is therefore neither applicable to nor recoverable on sales.

Article 2. Products

Most of the products offered for sale on geteverwear.com are second-hand clothing and accessories, selected and sourced one by one. Each piece is one of a kind: once sold, it generally cannot be restocked.

The website also offers, in the "Our creations" section, new pieces designed by the Seller and made to order, after the order has been placed. The production time stated on the product page is added to the delivery time. Unless otherwise stated on the product page, the provisions of these Terms relating to second-hand goods do not apply to them.

These creations are produced in two distinct ways, specified on each product page:

• Made in our workshop, by hand. As these pieces are made from natural materials, slight variations in shade, grain and shape are inherent to the product and do not constitute a lack of conformity.
• Designed by the Seller and printed or embroidered to order by an industrial partner established in the European Union. The Seller markets them under its own brand and assumes full responsibility for them towards the Customer, including under the legal guarantee of conformity and liability for defective products. As the piece is only made after the order, it is shipped from the partner's production site, which may lengthen the delivery time compared with second-hand pieces shipped from France.

The condition of each item (very good condition, good condition, fair condition) is stated on its product page, together with any visible defects. Photographs are taken as close to reality as possible; very slight variations in shade may nevertheless exist depending on your screen.

Article 3. Prices

Prices are shown in euros, excluding the contribution to shipping costs. In accordance with article 293 B of the French General Tax Code (CGI), as the Seller falls under the VAT exemption threshold scheme, VAT is not applicable to sales made on geteverwear.com. The Seller reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the day of the order is the only one applicable to the Customer.

Should the Seller exceed the VAT exemption threshold in force at the relevant date, it would apply from that date the special profit margin scheme provided for in article 297 A of the French General Tax Code (CGI) for second-hand goods. In that case, VAT would be calculated only on the difference between the resale price and the purchase price, in accordance with the scheme applicable to taxable dealers in second-hand goods (article 297 A et seq. of the CGI, article 313 of Directive 2006/112/EC on the common system of VAT), with no effect on the displayed price including tax. The Customer would be informed by an update of these Terms.

Article 4. Order and formation of the contract

The Customer places an order through the website's checkout. The order is confirmed by clicking the "Confirm order" button at the end of the checkout, after express acceptance of these Terms.

In accordance with articles 1113 and 1118 of the French Civil Code, the contract of sale is deemed formed when the payment service provider (Stripe) confirms receipt of the payment, as evidenced by the summary email sent to the Customer. Until that email has been sent, the order is deemed not concluded and the Customer may not rely on any contractual commitment against the Seller.

Obvious pricing error. In the event of an obvious pricing error resulting from a typing mistake, an IT malfunction or any other similar cause (in particular where the displayed price is derisory or disproportionate to the usual value of the goods), the Seller reserves the right to cancel the order under the conditions of articles 1130, 1132 and 1136 of the French Civil Code (mistake as to essential qualities or as to value). The Customer is informed without delay and refunded in full, with no other compensation or damages.

Availability. As the pieces are one of a kind (see Article 2), the Seller cannot guarantee their availability beyond the moment of the order. In the event of two simultaneous orders for the same piece (in particular via another online sales platform on which the Seller also lists its pieces) or of established physical unavailability (theft, damage, loss from stock), the later order will be cancelled and refunded in full as soon as possible, with no other compensation.

Article 5. Payment

Purchases are paid by bank card (Visa, Mastercard, Carte Bleue), Apple Pay, Google Pay, or any other method offered at the time of payment. The amount is debited when the order is confirmed. Transactions are secured by the provider Stripe (Stripe Payments Europe Ltd., Dublin, Ireland, PCI-DSS Level 1 certified) and are subject to strong customer authentication (3-D Secure 2) as required by Directive (EU) 2015/2366 ("PSD2", DSP2 in French) and article L133-44 of the French Monetary and Financial Code.

The bank processing fees charged by Stripe on each transaction (acquirer fee) are borne entirely by the Seller and already included in the price shown in the catalogue. The Customer bears no surcharge related to the payment, in accordance with article L112-12 of the French Monetary and Financial Code, which prohibits any surcharge for the use of a non-cash means of payment under a contract concluded with a consumer.

The Seller reserves the right to refuse or cancel any order for a legitimate reason, in particular in the event of suspected payment fraud, non-payment of a previous order, or an obviously incorrect delivery address. The Customer is informed and, where applicable, refunded within 14 days.

Article 5 bis. Payment disputes (chargebacks)

Should the Customer dispute a transaction with their bank or card issuer ("chargeback"), they are invited to first seek an amicable solution directly with the Seller at contact@geteverwear.com, so that the reason (non-receipt, lack of conformity, withdrawal, etc.) can be examined and the solution provided for in these Terms applied (re-shipment, refund, payment of costs). A dispute raised without a prior amicable approach artificially takes the dispute outside the contractual framework and may result in bank procedure fees for the Customer.

In accordance with Stripe's terms and conditions and Regulation (EU) 2015/751 on interchange fees, any dispute found to be unfounded at the end of the bank's investigation (in particular where delivery actually took place with a signature or carrier scan, or where the product matched the order) may give rise to recovery proceedings against the Customer, in accordance with article 1240 of the French Civil Code (fault-based liability, where applicable aggravated by bad faith evidenced by documentary fraud or resale of the goods).

Article 6. Delivery

Products are delivered to the address given by the Customer when ordering. Delivery times and costs are set out on the Delivery page. In accordance with article L216-1 of the French Consumer Code, the Seller delivers the goods on the date or within the period indicated when ordering, and otherwise at the latest 30 days after the conclusion of the contract. Failing this, the Customer may terminate the contract under the conditions of article L216-6 of the French Consumer Code and obtain a full refund of the sums paid within 14 days (article L216-7 of the French Consumer Code).

For international deliveries (European Union and outside the EU), the specific terms and the applicable customs regime are set out in Article 6 bis below, which forms an integral part of these Terms.

Article 6 bis. International deliveries and customs formalities (outside the European Union)

This article applies exclusively to orders delivered to a country outside the customs territory of the European Union (Switzerland, United States, Canada, Japan, Australia, etc.). It constitutes an express agreement between the Parties within the meaning of article 1102 of the French Civil Code; by placing an order to such a destination, the Customer acknowledges having read it and accepts it without reservation.

6 bis. 1 - DAP terms (Delivered At Place, Incoterms 2020)

Orders to a country outside the EU are shipped under the Incoterm DAP - Delivered At Place (Incoterms® 2020, published by the International Chamber of Commerce). Under this Incoterm, the Seller bears only the costs and risks of carrying the parcel to the country of destination. The Customer is solely and fully liable for:

• the customs duties applicable in their country on the declared value of the parcel, including shipping costs where applicable;
• value added tax (VAT), goods and services tax, sales tax, provincial sales tax or any other import tax levied by the local customs authorities;
• the handling fees, customs presentation fees, disbursement fees and storage fees charged by the carrier (DHL, FedEx, UPS, Colissimo International, Mondial Relay International, etc.);
• any other cost, tax or charge directly or indirectly related to the import of the parcel into the territory of destination.

These costs are added to the price paid on geteverwear.com, are not included in the total displayed at checkout and cannot be calculated, advanced or paid by the Seller. They are invoiced directly to the Customer by the carrier or the customs authorities at the time of delivery. General information about these costs is given on the page Delivery for information purposes only and are not contractual.

6 bis. 2 - Customer's declarations (de facto importer)

The Customer acknowledges acting, in the context of this international sale, as the de facto importer in the territory of destination. As such, the Customer expressly represents and warrants:

• that they are of full age and have the legal capacity to import the products ordered under the laws of their country of residence;
• that they have checked that their personal situation allows them to import the products ordered into their country (status, licence or quota that may be required of them); countries that ban imports of second-hand clothing are not served (article 6 bis. 8);
• that they will provide, where applicable, any tax or customs identification number required by their country (for example a US IRS Tax ID, an Australian ABN) together with any supporting document (identity document, proof of address) requested by the carrier or customs;
• that they are informed that customs formalities lengthen transit; the delivery time indicated when ordering takes this into account.

Failing this, the Customer acknowledges being solely responsible for the consequences, in particular the parcel being held, refused or destroyed by the customs authorities.

6 bis. 3 - Customs: what falls to the Customer, what falls to the Seller

Customs clearance is a decision of the authorities of the country of destination. The following cannot give rise to the Seller's liability, because they are attributable to the Customer or have the characteristics of force majeure (article L221-15 of the French Consumer Code, article 1218 of the French Civil Code):

• delay, detention or destruction of the parcel decided by customs because of inaccurate or missing information from the Customer (address, tax number), non-payment of duties and taxes, or a restriction related to their personal situation (article 6 bis. 2);
• a measure taken after the order by the country of destination (new tax, embargo, ban) that was unforeseeable and that the Seller could not overcome; the contract is then terminated and the Customer is refunded the sums paid (article 1218 of the French Civil Code).

Apart from these cases, the Seller remains responsible for the proper performance of delivery, including where it is entrusted to a carrier. If the parcel is not delivered on the date or within the period indicated when ordering (or, failing that, within 30 days) for a reason not attributable to the Customer, the Customer may terminate the sale under the conditions of article L216-6 of the French Consumer Code and is refunded within 14 days (article L216-7 of the French Consumer Code). Nothing in this article limits the Customer's legal guarantees.

6 bis. 4 - Customer's refusal to pay duties, abandonment or non-collection of the parcel

If the Customer refuses to pay the duties, taxes and fees referred to in article 6 bis. 1, abandons the parcel at the carrier, fails to collect it within the period set by the carrier, or if the parcel is returned because of an incorrect or incomplete address, the parcel is returned to the Seller at the Customer's expense, in accordance with the carrier's terms and conditions.

Refusing the parcel, failing to collect it within the carrier's period or not paying the duties and taxes does not, in itself, constitute withdrawal. To withdraw, the Customer sends the Seller a clear statement (see article 7).

If the Customer withdraws (before or after the parcel is returned), the Seller refunds all sums paid, including outbound delivery costs up to the cheapest standard delivery method offered for the destination (article L221-24 of the French Consumer Code). The direct costs of returning the parcel, as invoiced by the carrier, remain payable by the Customer and are deducted from the refund (article L221-23 of the French Consumer Code). The Seller may withhold the refund until the parcel has been returned or until proof of its return, whichever is the earlier.

If the Customer does not withdraw, the sale stands: the Seller gives them formal written notice to take delivery, through a new shipment at their expense. Without a reply within 14 days, the order is cancelled and the Seller refunds only the price of the products within 14 days of the parcel's return, with proof of the costs deducted, excluding:

• the outbound shipping costs originally paid by the Customer;
• the return shipping costs actually borne by the Seller (recharged at the carrier's actual cost);
• any storage, presentation, destruction or re-shipping fees charged by the carrier or the customs authorities;
• any duties and taxes already advanced by the carrier, which are not refundable by the customs authorities.

This deduction is justified by the costs actually and necessarily borne by the Seller as a result of the non-performance attributable to the Customer (article 1231-1 of the French Civil Code). If the deductible costs exceed the amount to be refunded, no refund is due and the Seller reserves the right to claim the balance from the Customer. If the Customer withdraws after this refund, the Seller pays them the difference due under article L221-24 of the French Consumer Code.

Loss during the return. If the parcel is lost or damaged by the carrier during its return, the Customer is refunded under the same conditions: the Seller handles the claim against the carrier. If, however, the parcel is destroyed or confiscated because the Customer abandoned it (prolonged non-collection, refusal to pay duties without withdrawing), the loss of the item is damage for which the Seller may claim compensation from the Customer, up to the price of the item.

6 bis. 5 - Customs value and documentary compliance

The Seller declares to customs the actual value of the products as shown on the invoice (article 70 of Regulation (EU) No 952/2013 laying down the Union Customs Code, and equivalent international customs conventions). It is expressly stated that the Seller refuses any request from the Customer to under-declare the value of the parcel or to declare it as a "gift" in order to evade duties and taxes, as such a practice constitutes customs fraud within the meaning of article 414 of the French Customs Code (Code des douanes) and exposes both the Seller and the Customer to criminal and tax penalties.

6 bis. 6 - Legal guarantees

The mandatory guarantees owed to the consumer remain fully applicable to international orders, in particular the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code).

6 bis. 6 bis - Transfer of risk and compensation procedure in the event of loss, theft or damage

In accordance with articles L216-2 and L216-3 of the French Consumer Code, and notwithstanding the use of a third-party carrier, the risk of loss of or damage to the goods passes to the Customer when they (or a third party designated by them, other than the carrier offered by the Seller) take physical possession of them. Before that handover, the loss of or damage to the parcel is legally borne by the Seller, which makes a full refund or sends an equivalent piece where one is available.

Claims procedure. To enable this guarantee to be implemented and the Customer to cooperate with the carrier's investigation, the Customer undertakes to:

• report the non-receipt of or damage to the parcel to the Seller, by email to contact@geteverwear.com, within a reasonable period of fourteen (14) days from the delivery date announced by the carrier or the date on which the Customer actually received a damaged parcel; this contractual period does not affect the Customer's statutory rights (in particular article L217-7 of the French Consumer Code and article 2224 of the French Civil Code);
• provide any evidence useful to the carrier's investigation: photographs of the parcel and its outer packaging, photographs of the damaged products as they are, keeping the original packaging, a copy of the delivery slip or notice of attempted delivery and, where applicable, a sworn statement of non-receipt;
• inform the Seller if they exercise their right of withdrawal during the investigation, so that the Seller can preserve its recourse against the carrier.

Opening a carrier investigation neither suspends nor conditions the Customer's right of withdrawal, which remains exercisable under the conditions of article 7 throughout the statutory period.

Processing time. Carriers (La Poste, Mondial Relay, Chronopost, UPS, DHL and their equivalents) open their investigations for an average of fifteen to twenty-one (15 to 21) working days. The refund does not wait for the end of this investigation: it is made at the latest fourteen (14) days after termination of the contract (article L216-7 of the French Consumer Code) or after the Customer's withdrawal (article L221-24 of the French Consumer Code).

Presumption of delivery. The parcel is presumed validly delivered when the carrier's tracking system shows an actual handover. This presumption is rebuttable and may be overturned by the Customer by any appropriate means. Distinctions according to the delivery method:

• Pickup point (Mondial Relay, Chronopost Pickup, UPS Access Point): the presumption is strong, as the collection scan requires an identity document to be shown in accordance with the carrier's terms and conditions. The Customer is invited to keep their delivery notice where applicable.
• Colissimo / Chronopost home delivery with signature: the electronic signature on the postal worker's terminal or the delivery slip constitutes strong proof of handover.
• Colissimo / Chronopost home delivery without signature (default option of delivery to the letterbox when the parcel size allows): the presumption is weaker; in the event of a claim, the carrier investigation may be opened at the Customer's sole request, and a full refund is made if the carrier cannot produce proof of handover to the recipient or of secure deposit in the named letterbox.

Limit on recourse against the carrier. The Customer is expressly informed that the compensation the Seller may obtain from the carrier, after investigation, is capped at €23 excluding tax per kilogram of gross weight (article L133-1 of the French Commercial Code, CMR Convention for international transport, Boxtal terms and conditions). This limit concerns only the relationship between the Seller and the carrier: it can never be relied on against the Customer in the context of the Seller's legal obligation to deliver conforming goods. For orders whose unit or total value significantly exceeds this limit (as a guide, above €100), the Seller takes out, at its own expense and for its own benefit, ad valorem insurance with its shipping partner; this internal insurance in no way alters the Customer's rights as set out in this article.

6 bis. 7 - Customs force majeure

The following may constitute cases of force majeure within the meaning of article 1218 of the French Civil Code, where they have its characteristics: a strike by customs services, the closure of a border crossing, the adoption of an embargo, an international sanction or a health measure after the order, as well as any event that is external, unforeseeable and irresistible as defined by French case law. The contract is then terminated and the Customer is refunded the sums paid.

6 bis. 8 - Countries not served and specific restrictions

The Seller reserves the right to refuse any order to a country under international embargo, a country not covered by its carrier partner, or a country whose customs conditions do not allow it, at the date of the order, to guarantee shipment in compliance with the applicable regulations.

At the date of these Terms, the following in particular are excluded from delivery:

• Countries that ban or require a licence for imports of second-hand clothing: Algeria, Bolivia, Brazil, China, Ecuador, India, Indonesia, Mexico, Paraguay, Peru, the Philippines, Sudan, Vietnam. A parcel sent to these countries may be seized or returned;
• Items subject to the CITES convention (protected species): none is shipped outside the European Union;
• United Kingdom (England, Wales, Scotland, Northern Ireland - ISO codes GB and XI): unavailable pending the Seller's registration with the UK tax authority (HMRC) for UK VAT, the collection of which at checkout has been mandatory for orders worth less than £135 since the United Kingdom left the European Union;
• Russia (RU): pursuant to Council Regulation (EU) No 833/2014 of 31 July 2014 (as amended by Regulation (EU) 2022/428 of 15 March 2022), article 3h and Annex XVIII, which prohibits the direct or indirect sale, supply or export to Russia of luxury goods and technology - including in particular clothing falling under CN code 63.09 (worn articles) above a unit value of €300;
• Belarus (BY): Regulation (EC) No 765/2006 as amended, a sanctions regime parallel to that applying to Russia;
• Iran (IR), North Korea (KP), Syria (SY): pursuant to EU Regulations No 267/2012, 2017/1509 and 36/2012 respectively, and the additional restrictive measures of OFAC (United States) likely to affect the routing of payments and transport;
• Cuba (CU): pursuant to the Cuban Assets Control Regulations programme (OFAC), which makes it impossible for the main European processors (in particular Stripe) to process payments.

Breach of applicable international sanctions is punishable by heavy administrative and criminal penalties (article 459 of the French Customs Code: imprisonment of up to 5 years and a fine of up to twice the value of the subject matter of the offence). The Seller reserves the right to extend or shorten this list at any time according to changes in restrictive measures, without notice and without incurring any liability, subject to the refund of the orders affected.

6 bis. 9 - Interaction with the right of withdrawal

The Customer's exercise of the right of withdrawal provided for in article 7 below remains fully applicable to international orders. However, in accordance with article L221-23 of the French Consumer Code, the direct cost of returning the goods (international return shipping, any re-import costs) remains payable by the Customer. Likewise, duties and taxes paid on import to the foreign administration cannot be refunded by the Seller, who neither receives nor collects them.

Article 7. Right of withdrawal

In accordance with article L221-18 of the French Consumer Code et seq., the Customer has a period of 14 calendar days from receipt of the product to exercise their right of withdrawal, without having to give any reason. Return arrangements are set out on the Returns & exchanges page.

Trying on is not wearing

The right of withdrawal allows the item to be examined and tried on under the conditions that would be accepted in a shop: the time needed to check its size, cut and appearance. It does not give the right to use it for fourteen days. Recital 47 of Directive 2011/83/EU expressly takes the example of clothing: it may be tried on, it must not be worn.

In accordance with the last paragraph of article L221-23 of the French Consumer Code, the Customer is liable for any diminished value of the goods resulting from handling beyond what is necessary for that examination. Depending on the circumstances, this may be shown in particular by: prolonged or outdoor wear, washing, alteration or modification, the appearance of stains, odours, traces of make-up or deodorant, new wear, pilling, deformation, scratches or sole marks.

Inspection before shipping and on receipt of the return

Each item is inspected and photographed before it is shipped. The corresponding inspection report, bearing a unique inspection number, is enclosed with the parcel and archived by the Seller. On receipt of a return, the condition of the item is compared with this report, and any new defect is photographed and time-stamped.

Defects already disclosed on the product page at the time of purchase, and normal wear related to the age of the piece, give rise to no deduction: only a new defect, absent from the inspection report, can justify one.

Depreciation scale

The scale below shows the starting rates used by the Seller to assess the loss of value of an item returned in a condition different from that documented before it was shipped. These rates apply to the price paid for the item.

They are neither automatic nor flat-rate. Each situation is assessed case by case, in light of the before and after photographs, the nature of the defect and the resale value the item actually retains in its returned condition. The rate actually applied may be lower than the starting rate; it is communicated to you with its justification and the corresponding photographs, and you may dispute it.

Combination. Rates are not added together mechanically: the rate of the main defect is applied, increased by ten points for each additional significant new defect, never exceeding 100 %.

What a 100 % rate means. That the damage found deprives the item of any usable market value, which the Seller must be able to demonstrate. The deduction is then equal to the price paid, and the corresponding refund is nil. The right to withdraw is nevertheless never removed: the return is accepted and processed; it is the Customer's liability for the loss of value they caused that is set off against the refund.

As the Seller carries out no repair activity, it is not required to have a damaged item repaired, or to restore it, before assessing its loss of value.

If the parcel is not collected from the pickup point within the period set by the carrier, non-collection does not, in itself, constitute withdrawal. If the Customer does not withdraw, the return costs charged to the Seller by the carrier, as well as the original shipping costs, are deducted from the refund, pursuant to article 1231-1 of the French Civil Code. If the Customer withdraws, only the return costs are deducted and the original shipping costs are refunded up to the cheapest standard delivery method (article L221-24 of the French Consumer Code). The amount deducted corresponds strictly to the rate charged by the carrier to the Seller (without margin), and varies according to the carrier chosen and the Customer's delivery zone.

Exceptions to the right of withdrawal (article L221-28 of the French Consumer Code). For the avoidance of doubt, the Seller expressly confirms that the second-hand clothing and accessories sold on geteverwear.com fall under none of the exceptions listed in article L221-28 and therefore give full entitlement to withdrawal under the conditions provided for in L221-18. In particular, the Seller does not rely on:

• point 3° of article L221-28 (goods made to the Customer's specifications or clearly personalised) - second-hand pieces being sourced as they are and not transformed on request;
• point 4° of article L221-28 (goods liable to deteriorate or expire rapidly) - not applicable to textiles;
• point 5° of article L221-28 (sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer after delivery) - pieces are delivered unsealed, with the exception of any second-hand lingerie or swimwear, for which a specific statement appears on the product page, and for which withdrawal remains possible as long as the hygiene seal has not been broken.

The Seller voluntarily extends this right of withdrawal to the pieces in the "Our creations" section, including where the Customer has made a made-to-measure request. It thereby expressly waives the right to rely on the exception in point 3° of article L221-28 of the French Consumer Code (goods made to the consumer's specifications or clearly personalised).

Article 8. Guarantees

For second-hand items, the condition is described precisely on each product page. Normal wear related to age and use, as described on the product page at the time of purchase, does not constitute a lack of conformity.

The Customer benefits from the legal guarantee of conformity provided for in article L217-3 of the French Consumer Code et seq. The Seller is liable for any lack of conformity that becomes apparent within two years of delivery of the goods. This period is the same for second-hand goods and for new pieces in the "Our creations" section.

What differs for second-hand goods is not the length of the guarantee, but the presumption that the defect existed at delivery. Pursuant to article L217-7, paragraph 2, of the French Consumer Code, defects that appear within the first twelve months after delivery are presumed to have existed at that time, unless proven otherwise. From the thirteenth to the twenty-fourth month, the legal guarantee continues to apply, but it is for the Customer to establish that the defect already existed at delivery. For new pieces in the "Our creations" section, this presumption covers the full twenty-four months (article L217-7, paragraph 1, of the same code).

The Customer also benefits from the warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code, for any non-apparent defect that makes the goods unfit for their use.

Liability for defective products (articles 1245 et seq. of the French Civil Code). For second-hand goods, which make up most of the catalogue, the Seller has neither designed, manufactured nor transformed the products, but has simply selected them and resold them as they are. The producer liability regime provided for in article 1245 of the French Civil Code applies only to the original producer of the goods, who remains unknown or unidentifiable for almost all the pieces sold (article 1245-5 of the French Civil Code). The Seller acts as a mere professional reseller within the meaning of article 1245-6 of the French Civil Code, and its liability on this ground can only be engaged if the producer cannot be identified and the Seller does not name its own supplier within a reasonable time. If a safety defect is suspected, the Seller undertakes to cooperate with the Customer and the competent authorities (see Article 19 - General product safety).

The Seller's own creations. For pieces that the Seller makes itself and sells under its own name ("Our creations" section), the Seller is the producer within the meaning of article 1245-5 of the French Civil Code and as such assumes full liability for defective products as provided for in articles 1245 et seq. of the same code. The limitations described in the previous paragraph do not apply to them.

To exercise these guarantees, the Customer contacts the Seller at contact@geteverwear.com, stating the order reference and the nature of the defect, with supporting photographs.

Article 9. Liability and delivery incidents

The Seller cannot be held liable for failure to perform the contract that is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure (article L221-15 of the French Consumer Code).

In accordance with article L216-2 of the French Consumer Code, the risk of loss of or damage to the goods passes to the Customer when they take physical possession of the goods. In the event of an incident during transit (loss, damage, lack of conformity on receipt), the Customer is invited to contact the Seller via contact@geteverwear.com as soon as possible, enclosing evidence establishing the reality of the incident. Each case is handled individually in compliance with the applicable legal provisions (in particular articles L217-3 et seq.).

Article 10. Personal data

The data collected is processed in accordance with the General Data Protection Regulation (GDPR, RGPD in French). For more information, see our Privacy policy.

Telephone canvassing. Any telephone number provided by the Customer when ordering is used exclusively for delivering the parcel and tracking the delivery. In accordance with articles L223-1 et seq. of the French Consumer Code, commercial canvassing by telephone is prohibited without the Customer's prior consent. The Seller does not carry out any telephone canvassing and does not pass this number on to any third party for that purpose.

Article 11. Mediation

In accordance with articles L611-1 et seq. and L616-1 of the French Consumer Code, in the event of a dispute not resolved amicably, the consumer Customer may refer the matter free of charge to the consumer mediator the Seller has joined:

• CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice
• Website: cm2c.net
• Online claim: cm2c.net/declarer-un-litige.php

Article 12. Technical processors

To ensure that our service runs properly, we use the following providers, all located in the European Union or covered by an adequacy decision:

Article 13. Force majeure

Neither party is liable for any delay or failure resulting from a case of force majeure as defined by article 1218 of the French Civil Code and French case law: strike, natural disaster, power failure, blocked means of transport, pandemic, etc.

Article 14. Protection of minors

Purchases on the website are reserved for persons of full age (18 years). Any order placed by a minor without parental authorisation may be cancelled without notice. Minors may browse the website under the supervision of a parent or guardian.

Article 15. Retention of title

In accordance with articles 2367 et seq. of the French Civil Code, the goods sold remain the exclusive property of the Seller until their price has been paid in full and effectively by the Customer. Risk nevertheless passes when the Customer, or a third party designated by them other than the carrier offered by the Seller, takes physical possession of the goods, in accordance with article L216-2 of the French Consumer Code.

Article 16. Assignment

The Seller may assign all or part of these Terms to a third party in the event of a total or partial transfer of its business, provided that the Customer's rights are not affected.

Article 17. Amendment of the Terms and acceptance

GetEverwear reserves the right to amend these Terms at any time, in particular to adapt to legislative, regulatory or commercial changes. The version currently in force can be consulted at all times on the page geteverwear.com/en/cgv and shows the date of its last update at the top of the page.

The Terms applicable to an order are exclusively those published on the website at the time that order is confirmed. No later amendment of the Terms may be relied on against the Customer for an order already concluded (principle of non-retroactivity, article 2 of the French Civil Code).

When placing an order, the Customer expressly accepts the applicable Terms by clicking the "Confirm order" button, this action constituting acceptance within the meaning of articles 1113 and 1118 of the French Civil Code (settled case law, Cass. 1ère civ., 25 November 2020, No. 19-18.681). The Customer is invited to keep or print a copy of the Terms applicable on the day of their order for their records. The applicable Terms can also be found via the permanent links in the footer of the order confirmation email (see article L221-13 of the French Consumer Code).

Article 18. Governing law and jurisdiction

These Terms are governed by French law. However, in accordance with article 6 of Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations ("Rome I"), if the Customer is a consumer habitually resident in another Member State of the European Union, this choice of law may not deprive them of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

In the event of a dispute, and after a prior attempt at amicable settlement (see Article 11 - Mediation), the French courts have jurisdiction. Nevertheless, in accordance with articles 17 to 19 of Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction in civil and commercial matters ("Brussels I bis"), a consumer Customer resident in another Member State of the European Union retains the option of bringing proceedings, at their choice, either before the French courts or before the courts of the Member State in which they are domiciled. Likewise, any action brought by the Seller against a consumer Customer resident in another Member State may only be brought before the courts of that State.

Article 19. General product safety (EU Regulation 2023/988)

In accordance with Regulation (EU) 2023/988 of 10 May 2023 on general product safety (in force since 13 December 2024), the Seller, established in the European Union, acts as an economic operator and, as such, is the point of contact for any safety question relating to the products offered on geteverwear.com: Laura Pouyadou EI, 113 rue de la Syrah, 34980 Saint-Gély-du-Fesc, France, contact@geteverwear.com.

For second-hand clothing and accessories, the Seller is not in a position to provide the original producer's technical conformity file, but undertakes to:

• immediately withdraw from sale any piece reported as presenting a safety risk (tear, detached part, suspected presence of a harmful agent);
• cooperate with the national market surveillance authorities (in France: DGCCRF), in particular via the European rapid alert platform Safety Gate (formerly RAPEX);
• keep the internal traceability records of the products (internal import reference, quality control photographs) for at least ten (10) years;
• inform the Customer by any appropriate means (email, website banner) in the event of the withdrawal or recall of a piece already delivered.

For pieces that the Seller makes itself and sells under its own name ("Our creations" section), the Seller is the manufacturer within the meaning of article 3 of Regulation (EU) 2023/988. As such, it carries out the product risk analysis, keeps the corresponding technical documentation and makes it available to the market surveillance authorities for ten (10) years from placing on the market. These pieces are decorative objects and are not toys within the meaning of Directive 2009/48/EC: they must be kept out of the reach of children under three (3) years of age.

The REACH Regulation (EC No 1907/2006) imposes certain restrictions on chemical substances that may be present in textiles (azo dyes, formaldehyde, NPE, lead, etc.). As the products are second-hand, the Seller does not carry out systematic testing, but withdraws from sale any piece whose smell, colouring or condition suggests abnormal chemical treatment. The Customer is invited to report anything that seems suspicious on receipt.

These Terms are provided for information purposes. For compliance, have them reviewed by a legal professional.