1. RECITALS
2. PURPOSE
3. SCOPE – AMENDEMENTS OF THE T&CS
4. PRODUCTS AND COMPLIANCE
5. THE CUSTOMER
6. ORDERS
7. PRICES
8. DELIVERY
9. PAYMENT
10. PREPARING AND ISSUING INVOICES
11. PRODUCT EXCHANGES AND RETURNS – CANCELLATION RIGHT
12. WARRANTIES AND LIABILITY
13. PRODUCT WARRANTIES
14. INTELLECTUAL PROPRETY
15. CONFIDENTIALITY AND REPORTING TO THE FRENCH DATA PROTECTION AUTHORITIES
16. FORCE MAJEUR EVENTS
17. COOKIES
18. GENERAL PROVISIONS

These General Terms and T&Cs of Sale (hereinafter the « T&Cs ») shall prevail over all other terms and conditions set forth in any other document, unless otherwise first expressly agreed in writing.

The T&Cs exclusively apply to buyers acting in the capacity as consumers, i.e., only individuals purchasing products for purposes which do not fall within the scope of their commercial, industrial, skilled trade or self-employed business activities.

Our T&Cs are governed by French law. Ardentes Clipei (hereinafter « Ardentes Clipei ») shall not accept liability in the event of purchase of a product from a third country that does not comply with the law of said country.

The purpose of the T&Cs is to define the rights and obligations of Ardentes Clipei and the Customer in the scope of the sale of the products displayed by Ardentes Clipei on its website http://boutique.ardenteslipei.com (hereinafter the « Website »). They shall exclusively apply between Ardentes Clipei and any consumer who consults or makes a purchase via said Website (hereinafter the « Customer »).

On the Website, Ardentes Clipei enables the Customer to order Ardentes Clipei, Calabrese and Warman brand products (hereinafter the « Product(s) ») in accordance with the T&Cs.

The T&Cs apply to all sales of Products by Ardentes Clipei to the Customer carried out via the Website.

The Customer confirms that he has read the T&Cs before placing his Order and acknowledges that confirmation of his Order entails acceptance thereof.

An Order shall only be taken into account by Ardentes Clipei after the Customer’s prior acceptance of the T&Cs, which are available on the Website where they may be read, printed and also downloaded.

The T&Cs are permanently available at the following address:
ardentesclipei.com/terms-and-conditions in electronic, printable and/or downloadable format so that the Customer can print or save them.

Ardentes Clipei reserves the right to amend the T&Cs from time to time. In the event of amendment, the T&Cs accepted by the Customer when he placed his Order shall continue to apply to the relations between the Parties.

The Products available for sale are displayed on the Website complete with a description.

The Products offered for sale by Ardentes Clipei comply with applicable standards in France.

Details such as, in particular, photographs, text, graphics and any information and features illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.

Therefore, Ardentes Clipei does not accept liability in the event of error or omission in any details or amendment of said details by suppliers and/or publishers.

The Customer confirms that he is aged at least 18 and has legal capacity or parental permission authorising him to place an Order on the Website.

The Customer undertakes to provide Ardentes Clipei with accurate information required to perform the purpose of the T&Cs as requested from him online and based on his situation, including in particular his surname, forename, address, telephone number and valid e-mail address.

The Customer shall place his Order via the Website. When the Customer places his first Order via the Website, he must open a « customer account » with Ardentes Clipei and complete a form to this end available on the Website in the section « My Account ».

This form mainly includes information required to identify the Customer and, in particular, his surname and forename, postal address, telephone number, e-mail address and password.

The Customer shall be liable for the consequences resulting from providing false or inaccurate information or information which was unlawfully recovered.

The Customer can amend his data in the section « My Account ». If the Customer forgets his password, he can generate a new one by clicking on the link « Forgotten password » on the Website.

In the event of theft or any fraudulent use of this data, the Customer undertakes to immediately inform Ardentes Clipei thereof.

As soon as the Customer has created his customer account, he can select the Product(s) that he wishes to purchase on the Website. These Products shall be placed in a « shopping basket » for an Order which the Customer may complete or amend as he wishes up until confirmation of his Order.

The sale agreement between Ardentes Clipei and the Customer shall be formed when the Customer clicks on the button « Confirm » during the Order confirmation process. Up until this final step, the Customer may return to the previous pages and correct and amend his Order and the prior information provided.

An Order shall only be confirmed after payment acceptance.

As soon as the Order is placed, Ardentes Clipei shall send a confirmation e-mail to the Customer. It shall inform him when the Products are dispatched.

Any Order placed with Ardentes Clipei shall entail the Customer’s unconditional acceptance of the T&Cs.

Ardentes Clipei reserves the right to cancel or refuse any Order in the event of a dispute with the Customer relating to a previous Order.

Ardentes Clipei may accept Orders within the limit of available stock. It shall inform the Customer regarding the availability of Products for sale on the Website at the time of the Order confirmation.

If, in spite of Ardentes Clipei’s care and attention, Products are unavailable, Ardentes Clipei shall promptly inform the Customer thereof. The Customer may consequently cancel his Order and receive a refund of any amounts already paid, where applicable.

Ardentes Clipei does not accept liability for permanent or temporary Product unavailability or give the Customer any right to claim compensation.

Any Order for a made-to-measure Product on the Website shall assume that the Customer has previously purchased the same made-to-measure Product (suit and/or shirt) in the Ardentes Clipei store located at 56 rue Saint Georges or on appointment at an external venue. Therefore, no Order for a made-to-measure Product may be placed on Website by the Customer if the latter has not previously purchased a Product in the store or on appointment at an external venue, prior to placing this Order.

The Customer can have a personalised in-store fitting, which will enable him to place an Order at a later date for a Product on the Website based on the measurements taken in the store.

In this case, the Customer must visit the store or make an appointment at an external venue to make any changes to these measurements.

Prices are displayed on the Website in euros including all French taxes (French VAT and any other applicable taxes), excluding postage, order processing and packaging costs.

Postage, free delivery and any order processing costs and packaging costs shall be shown in the Customer’s shopping basket, before final confirmation of the Order.

Products shall be invoiced based on the prices in force at the time when the Order is confirmed.

Outside the scope of an Order, prices may be amended on the Website at any time, without notice and, in particular, in the event of a change in tax or economic data.

Ardentes Clipei delivers its Products in France and all countries in the European Union and can deliver to any other country on request.

Products are dispatched complete with a delivery form to the delivery address provided by the Customer when he placed his Order. Deliveries cannot be made to hotels or post-office boxes.

Delivery times stated on the Website are for information purposes and correspond to average processing and delivery times. In order for these delivery times to be observed, the Customer must make sure that he provides correct and complete information relating to the delivery address (such as in particular, street number, building, staircase, access code, names and/or entry phone numbers, etc.).

If no delivery or performance date is stated, Ardentes Clipei shall deliver the product or perform the services without any unjustified delay and within 30 days at the latest of entering into the contract.

In the event of Ardentes Clipei’s breach of its delivery obligation on the date or upon expiry of the time limit stipulated hereinabove, or, failing which, at the latest 30 days after entering into the contract, the Customer may cancel the contract by recorded delivery letter (signed for) if after ordering Ardentes Clipei to carry out the delivery or perform the service within an additional reasonable time limit, said delivery or service has not been performed within this time limit.

If the item has been dispatched prior to receipt of the Order cancellation, Ardentes Clipei shall refund the amount of the item and the delivery and return postage costs within a maximum of fourteen (14) days, upon receipt of the complete item in its original condition with the original labels. The amount refunded to the Customer shall be increased in the event of a delayed refund in accordance with the conditions laid down in Article L.138-3 of the Consumer Code.

Ardentes Clipei undertakes to inform the Customer regarding the progress in processing his Order.

In the event of a damaged parcel (opened, missing products, etc.), the Customer undertakes to notify all reservations to the carrier and Ardentes Clipei by any means within seven (7) days of delivery of the Product.

Ardentes Clipei does not accept liability for the consequences resulting from a delivery delay which is not due to its fault.

Full payment must be made when the Order is placed. The amounts paid shall not be treated as deposits or advance payments under any circumstances.

The Customer can only use a credit card (Visa, Eurocard, Mastercard, American Express) to make payment in accordance with the provisions of this clause.

The Customer must provide the number shown on the front side of his credit card, the expiry date of his credit card and the code shown on the reverse side of his credit card (last three digits) for each transaction. Purchases and payment solutions used by Ardentes Clipei are provided by SumUp Limited, in accordance to the SSL norms.

All information provided by Customers to Ardentes Clipei for credit card payments is strictly protected and ensures the compliance and security of each transaction.

By providing his credit card number and validating the order, the Customer authorises Ardentes Clipei to debit the amount of his Order from his account. The final validation of the order constitutes proof of the order, in accordance with Articles 1363 et seq. Of the French Civil Code.

The Seller will only be required to deliver the Products purchased when placing the order if the Customer pays the price of the order in full under the conditions indicated above. Payments made by the Customer will only be considered final after actual receipt of the sums due by the latter.
No payment on delivery shall be accepted on any grounds whatsoever.

The invoice shall be drawn up on the dispatch date of the Order and sent to the Customer at the same time as his Order.

In addition, the invoice shall be available on the Website in the section « My Account » for a period of one (1) year.

The Customer shall be entitled to ask Ardentes Clipei to return or exchange the Product(s) within fourteen (14) days with effect from delivery of his Order.

To this end, the Customer must first make a return or exchange request by e-mail to the following address: contact@ardentesclipei.com or by connecting to the section « Returns » on his customer account on the Website http://boutique.ardentesclipei.com.

If the return request is approved by Ardentes Clipei, the return postage costs shall be paid by the Customer.

Returns and exchanges shall be carried out under the Customer’s liability. Items must be returned in the original packaging, original condition, new, unworn, unwashed, and enclose a return form, to the following address:

56 rue saint Georges, 75009 Paris

If the Product is not returned by the Customer within one (1) week after receipt of the postage label, the return shall be deemed to have been cancelled and the Customer must keep the Product.

The returned Product shall be refunded within fourteen (14) days at the latest of receipt by Ardentes Clipei, by crediting the amount to be refunded to the Customer’s bank account.

In the event where the Customer fails to comply with the T&Cs, in particular the return and exchange policy, Ardentes Clipei shall not be able to refund the Products in question.

As an exception to the foregoing and in accordance with the provisions of Article L.121-21-8 of the Consumer Code, the Customer shall not be entitled to a cancellation right for Products which have been tailor-made by Ardentes Clipei at his request (made-to-measure Products).

Ardentes Clipei reserves full ownership of the sold Product up until full payment of the price by the Customer and payment of all other liabilities owed to Ardentes Clipei.

If the Customer is subject to insolvency proceedings and full payment has not been made for the Product, Ardentes Clipei may recover the Product by exercising its right to establish ownership.

The T&Cs shall not prevent the passing of risk relating to the Product to the Customer with effect from delivery of the Product sold to the Customer.

Ardentes Clipei shall only be bound by a best endeavours obligation at all stages of accessing the Website, including order processing, dispatching or after-sales services.

Ardentes Clipei does not accept liability for any consequences or damage inherent to using the Internet, including in particular, service downtime, external intrusion or presence of computer virus, or any other event classed as a force majeure event, in accordance with the law and case law.

Ardentes Clipei warrants that the goods comply with the contract, which enables the Customer to make a claim under the legal compliance warranty provided by Articles L. 211-4 et seq. of the Consumer Code.

In the event of implementation of the legal compliance warranty, it is highlighted that:

• The Customer has two (2) years with effect from delivery of the goods to take action;
• Ardentes Clipei may choose between repairing or replacing the goods subject to the conditions relating to the cost provided by Article L. 211-9 of the Consumer Code;
• The Customer is released from the requirement to provide proof of the existence of a compliance defect in the goods during the six (6) month period after delivery thereof.

The Customer shall be entitled to the legal warranty for latent defects for all Products ordered on the Website provided by Articles 1641 to 1649 of the Civil Code.

These warranties are provided at no cost for the Customer. Therefore, Ardentes Clipei shall be liable for the return postage costs for the Product(s) in the scope of the Customer’s exercise of one of these legal warranties.

The Customer shall not be authorised under any circumstances to download or amend or all or part of the Website and, in particular, its content (listed products, descriptions, images, videos, etc.).

This Website or any part of this Website must not under any circumstances be reproduced, copied, sold or used for commercial purposes without Ardentes Clipei’s express permission in writing.

In general, all copyright, trademarks, drawings and designs, other distinctive signs and intellectual property rights included on the Website shall remain Ardentes Clipei’s full and entire property.

Ardentes Clipei’s trademark and logo, etc. have been registered with the French Industrial Property Office. Ardentes Clipei’s director has full property of intellectual property rights over this trademark and design.

The Customer is consequently required to comply with the intellectual property rights and may not under any circumstances use the trademarks included on the Website and the Products, where applicable, or register a trademark causes harm to the rightholder, unless otherwise provided by contract.

Ardentes Clipei undertakes to only use Customers’ confidential information for the purpose of operating its Website.

In order to smoothly process the Order, personal data collected shall be subject to computer processing, which the Customer acknowledges that he is aware thereof.

In this respect, his personal data may be disclosed to Ardentes Clipei’s technical service providers.

Moreover, Ardentes Clipei may implement technical means to collect non-personal data relating to Internet users and intended to improve the features of the Website, for example, by tracking the number of visitors to certain pages.

The Customer has a right to consult and correct his personal data stored on Ardentes Clipei’s files. All requests should be sent by e-mail to: contact@ardentesclipei.com or by post to the following address: 56 rue saint Georges, 75009 Paris

Ardentes Clipei complies with the French Data Protection Authority’s reporting requirements.

In the event of force majeure, the affected party must inform the other party within fourteen (14) days with effect from occurrence of this event by registered letter (signed for).

It is expressly agreed that force majeure events or unforeseen and accidental occurrences, in addition to events generally accepted by case law established by French courts and tribunals, shall include full or partial strikes, lock-outs, riots, boycotts or other industrial action or commercial dispute, civil unrest, uprisings, war, bad weather, epidemics, interruption in transport or supplies due to any reason whatsoever, earthquakes, fire, storms, flooding, water damage, governmental or legal restrictions, legal or regulatory amendments to forms of marketing, computer failure, interruption in telecommunications, including wired or terrestrial telecommunications networks, and any other event beyond the parties’ control preventing the normal performance of the contractual relationship.

All of the parties’ obligations shall be suspended throughout the duration of the force majeure event, without any compensation.

Cookies are text files sent by your browser’s web server and subsequently stored on your computer when you consult a web page. Creating cookies helps Ardentes Clipei to facilitate the Customer’s access to the Website and simplify his shopping experience.

The Customer is informed that Ardentes Clipei wishes to store a cookie on his computer in order to save information relating to his browsing history on the Website and the data entered by him on online forms. Such information is stored for a period of six (6) months.

The purpose of storing cookies is to save this information so that it can be read when the Customer consults the Website in the future and accordingly to prevent him, in particular, from being required to fill in the form(s) proposed to him on consulting the Website or enabling the content of his most recent shopping basket(s) to be saved.

However, the Customer is entitled to refuse cookies from being stored on his computer and must apply his browser’s instructions to this end.

The Customer’s refusal of any cookies which are essential for running the Website may prevent access to some services on the Website, including the online buying service, or hinder use of other services.

• Partial non-validity of a clause

If any clause of the T&Cs is held to be null and void by a court with jurisdiction, it shall deemed to be unwritten and shall not entail the invalidity of the remaining clauses.

• Governing law – jurisdiction

The T&Cs shall be governed by French law.

The Parties should first attempt to reach an amicable settlement to the dispute.

In the event of failure to reach an amicable settlement, jurisdiction shall be granted to the court in the judicial district in which Ardentes Clipei’s registered office is located, even if there is more than one defendant or if a third party is jointed to the proceedings.

• Applicable Legislation

Article L. 211-4 of the Consumer Code:

« The seller is required to deliver a product which conforms to the contract and is shall be liable for any non-conformity which exists upon delivery.

He shall also be held liable for any non-conformity caused by the packaging or the assembly instructions, or the installation if he assumed liability therefor or had it carried out under his liability ».

Article of the L. 211-5 of the Consumer Code:

« To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, where applicable:

– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

– have the features that a buyer might reasonably expect it to have considering the public statements made by the
seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement sought by the buyer which was made known to the seller and which the latter agreed to ».

Article L. 211-9 of the Consumer Code:

« In the event of non-conformity, the buyer shall choose between repair and replacement of the product.

The seller may nevertheless decide not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves to be impossible ».

Article L. 211-12 of the Consumer Code:

« Action resulting from non-conformity is time-barred two years after delivery of the product ».

Article 121-21-8 of the Consumer Code:

« The cancellation right cannot be exercised for contracts relating to:

1. the supply of services fully performed prior to the expiry of the cancellation period and which started to be performed following the consumer’s prior express consent and express waiver of his cancellation right;
2. the supply of goods and services whose price fluctuates depending on the financial market beyond the professional person’s control and which are likely to occur during the cancellation period;
3. the supply of goods manufactured in accordance with the consumer’s specifications or distinctly personalised;
4. the supply of goods which are likely to quickly deteriorate or expire;
5. the supply of goods from which the consumer has removed the seals after delivery and which cannot be returned due to hygiene or health reasons;
6. the supply of goods which, after having been delivered and given the nature thereof, are integrally mixed with other items;
7. the supply of alcoholic beverages whose delivery is postponed by more than 30 days and whose value agreed on entering into the contract depends on variations on the market beyond the professional person’s control;
8. maintenance or repair work carried out as a matter of urgency at the consumer’s home and expressly requested thereby, within the limit of the spare parts and work strictly required to handle the urgent situation;
9. the supply of sound or video recordings or computer software when the seals have been removed by the consumer after delivery;
10. the supply of a newspaper, a periodical or magazine, with the exception of subscription contracts for such publications;
11. contracts entered into during a public auction sale;
12. hosting services other than residential hosting, services relating to carriage of goods, car rental, restaurant or leisure activities which must be supplied on a specific date or during a given period;
13. the supply of digital content which is not provided on a physical medium and which started to be performed following the consumer’s prior express consent and express waiver of his cancellation right ».

Article 1641 of the Civil Code:

« The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects ».

Article 1648 of the Civil Code:

« Action resulting from latent defects must be brought by the buyer within two years with effect from the discovery of the defect.

In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being time-barred,
within the year following the date on which the seller can be discharged from patent defects or non-conformity ».

You can contact the Director of Ardentes Clipei by telephone on 0677038433 or by e-mail at contact@ardentesclipei.com.