Terms of sale

Preamble
 
The present general conditions of sale apply to all sales concluded on the Internet site
https://wickedshoesboutique.com/.

The contact details of the company are as follows:
● website:
https://wickedshoesboutique.com/
● Company name:
Wicked Shoes Boutique
● Mailing address:
60 rue François 1er 75008 Paris
● Email address:
wickedshoesboutique@gmail.com
● Company number (siren):
938 081 064

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalogs. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.


The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order is thus worth acceptance of the general conditions of sale.
 

Article 1 - Principles
 
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of marketing or other distribution channels.
They are accessible on the website https://wickedshoesboutique.com/ and will prevail, if necessary, on any other version or any other contradictory document.
The buyer and the seller agree that the present general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
 
 
Article 2 - Content
 
Object. The present general conditions have for object to define the rights and obligations of the parties within the framework of the on-line sale of goods proposed by the salesman to the purchaser, from the Internet site https://wickedshoesboutique.com/.
 
Capacity. The use of the site to place an order presumes the and acceptance of all the terms of these general conditions. The Customer declares to be of age and able to contract under the law of his country or declares to represent, under a valid mandate, the person for whom he makes the order.
 
Acceptance of the GTC. The Customer declares that he/she has read the general terms and conditions and has accepted them before any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By this acceptance, the customer acknowledges that he has benefited from sufficient information and advice from the company prior to any order, allowing him to ensure the adequacy of the content of his order to his needs. The present general conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://wickedshoesboutique.com/.
 
 
Article 3 - The order
 
 
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman reserves the right to block the order.
For any question relating to the follow-up of an order, the purchaser can send an e-mail to the salesman at the following e-mail address :wickedshoesboutique@gmail.com during the following days and hours: from Monday to Friday, from 9:00 am to 8:00 pm.
 The digitized registers, kept in the computer systems of the company in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
 
 
Article 4 - Pre-contractual information

The buyer acknowledges having been informed, prior to the placing of the order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the consumer code.
 
Are transmitted to the buyer, in a clear and understandable way, the following information :
- the essential characteristics of the good;
- the price of the good and/or the method of calculation of the price;
- if applicable, all additional transport, delivery or postage costs and any other costs that may be due;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

 
Article 5 - Electronic signature
 
The online provision of the buyer's credit card number and the final validation of the order will be considered as proof of the buyer's agreement:
- Payability of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address wickedshoesboutique@gmail.com.
 
Article 6 - Order confirmation
 
The seller provides the buyer with an order confirmation by e-mail once the payment is made.
 
Article 7 - Proof of the transaction
 
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
 
Article 8 - Information on the products
 
The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.


Article 9 - Pricing conditions

The seller reserves the right to modify its prices at any time, but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros.
The customer buying a product sold all taxes included (TTC) will see a price taking into account the VAT applicable on the day of the purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company benefits from a VAT exemption, it can legitimately invoice its products without tax (HT).
In the event that a customer located in a country of the European Union would be claimed the payment of the VAT to receive his order, this last one will have to inform the salesman before paying the sums claimed by the conveyor or with the customs administration, so that it can legitimately release the situation for the customer.
If the customer has nevertheless paid customs clearance fees such as VAT, customs duties or other processing fees, the customer may request a refund of only the VAT and customs duties, provided that the customer provides admissible proof of such payment.
For purchases destined for countries outside the European Union, the customer will be responsible for any import costs such as VAT or customs duties. The seller shall not be held responsible for any additional costs related to customs clearance or other import fees.
 

Article 10 - Method of payment

This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out in totality at the day of the order, according to the following methods:
- Paypal
- Credit card (Visa, Mastercard, etc)

Special offers and coupons. The company reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided by law. The applicable rates are those in effect at the time of purchase of the product by the customer, who cannot take advantage of other rates, prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.
 
In case of payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in the event of non-payment or refusal to authorize payment by credit card by the officially accredited organizations. The company reserves the right to refuse to honour any order placed by a client who has not paid in full or in part for a previous order or with whom a payment dispute is underway.
The company will be able to contact the customer to ask for additional documents to execute the payment of the order. The company may rely on the information provided by the order analysis system.  The provision of the requested documents is necessary for the confirmation of the order by the company. In order to fight against credit card fraud, a visual verification of the means of payment may be performed by the company before delivering the product. In case of fraudulent use of his credit card, the customer is invited, as soon as this use is noticed, to contact the company, and this without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interests and penalties provided by the law apply in case of default or delay of payment of the Customer consumer or professional.


 
Article 11 - Availability of products - Refund - Resolution
 
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery time starts from the date of registration of the order indicated on the shipping confirmation email.
Delivery terms will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or deadline, the buyer shall, before breaking the contract, instruct the seller to execute the contract within a reasonable additional period.
If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately, if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.


Article 12 - Terms of delivery

The delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered to the purchaser by the supplier of the salesman according to the methods and the time specified above.
The products are delivered to the address indicated by the purchaser on the purchase order, the purchaser will thus have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged packages, broken products ...).
This verification is considered to have been carried out as soon as the buyer or a person authorized by him has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.
If the products need a replacement, they must be the subject of a request for a replacement to the seller within 3 days of delivery. Any claim made outside of this period will not be accepted. The replacement of the product can only be accepted for products which arrived damaged (with a proof)

 
The product will be delivered within a maximum of 20 days.
 
The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered product, the customer will be immediately informed by the company which will be able to propose a product of an equivalent quality and price to him or, with defect, will proceed to the refunding of the order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to it.

 
Article 13 - Errors of delivery

The purchaser shall file with the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint can be made :
- by e-mail to the following address: wickedshoesboutique@gmail.com
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an replacement number for the damaged product(s) concerned and will communicate it by e-mail to the buyer. The replacement of a product can only take place after the attribution of the exchange number.


Article 14 - Guarantee of the products

14-1 Legal guarantee of conformity

The seller is the guarantor of the conformity of the good sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided in Articles L. 217-3 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;- the buyer does not have to prove the non-conformity of the goods during the 24 months in case of new goods (12 months in case of second-hand goods), following the delivery of the goods.

14-2 Legal guarantee against hidden defects

In accordance with articles 1641 and following of the Civil Code, the seller is responsible for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the purpose for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

 
Article 15 - Right of withdrawal
Application of the right of withdrawal

As all of our items are custom made for you, we urge you to use the size charts provided on every item's listing because we won't be able to process to a free exchange if you are facing a size issue..

The only case where we'll provide a full refund or a free replacement is if you meet any issue with the quality of the product, meaning defective/damaged items. lf it's your case please contact us within 3 days of delivery and you must provide reasonable proof to us of such damage or defect so we can promptly review your correspondence in order to determine whether such damage or defect warrants a refund.

If your order has been paid and you need to change or cancel it, you must contact us within 2 hours. Once the production has started, it can no longer be cancelled.

In case of exercising the right of withdrawal within the above-mentioned period, the customer must notify his right of withdrawal

by email to the following address: wickedshoesboutique@gmail.com

The price of the product(s) purchased and the delivery costs are refunded.
The replacement (subject to availability) or the refund will be made at the latest, within 14 days from receipt, by the seller.
 
Exceptions

According to the article L221-28 of the Code of consumption, the right of withdrawal cannot be exercised for the contracts :
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the specifications of the consumer or clearly personalized;
- the supply of goods that are likely to deteriorate or expire rapidly;
- 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;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- supply of digital content not provided on a physical medium whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.

The company is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by the professional.

Article 16 - Force majeure
 
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.

 
Article 17 - Intellectual property

The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
 
Article 18 - Data processing and freedom
 
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the site https://wickedshoesboutique.com/
 
Article 19 - Partial non-validation
 
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
 
Article 20 - Non-waiver
 
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
 
Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
 
Article 22 - Language of the contract
 
The present general conditions of sale are written in English. In the event that they are translated into one or more foreign languages, only the English text will be deemed authentic in the event of a dispute.


Article 23 - Mediation and settlement of disputes
 
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. The names, contact details and e-mail addresses of the mediator are available on our website.

In the event of difficulty in the performance of the Contract, the consumer Customer residing in Europe has the possibility, before any legal action, to request the recourse to a consumer mediator.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

The present general conditions are subject to the application of French law. The competent courts are the French courts.
It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.



Article 25 - Protection of personal data
 
Collected data
 
The personal data that are collected on this site are the following:
- account opening: during the creation of the user's account, its      
- connection: when the user connects to the website, it records, in particular, his first names, surnames, connection data, use and location
- profile: the use of the services provided on the website makes it possible to fill in a profile, which can include an address and a telephone number - payment: within the framework of the payment of the products and services offered on the website, this one records financial data relating to the bank account or the credit card of the user;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
 

Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.

Security and Privacy
 
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of users' rights
 
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: wickedshoesboutique@gmail.com

- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
- the right to the deletion of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.  - the right to portability: they can demand that the website gives them the personal data provided to it in order to transmit it to a new website.

Evolution of this clause
The website reserves the right to change this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.