General Terms and Conditions of Sale (updated 26/06/2014)
UNDIZ welcomes you to its website www.undiz.com
(hereinafter referred to as the "Site").
These general terms and conditions of sale exclusively govern the sale of products displayed on the Site. They are systematically accessible on the Site by the Customer when registering the order.
Consequently, by placing an order, the Customer fully and unreservedly agrees to these general terms and conditions of sale to the exclusion of all other terms and conditions present in the prospectuses and catalogues issued by UNDIZ and particularly those in force in its stores.
Therefore, any contrary condition laid down by the Customer will be, unless expressly accepted, non-binding on UNDIZ whenever it is brought to its knowledge. The fact that UNDIZ does not avail itself at a given moment of any one of these general terms and conditions of sale cannot be interpreted as being equal to a subsequent waiver to avail itself of any one of the said conditions.
UNDIZ endeavours to ensure to its best ability that the information circulated on this Site is accurate and up to date, and reserves the right to correct the content at any time and without notice. If a condition should be at fault, it will be considered as being governed by French laws and practices in force with regard to distance selling.
UNDIZ SAS with share capital of €430,810
Head office 6 rue Castérès - 92110 Clichy
Nanterre Companies Register no. 478 356 116
Tel : 01.55.90.70.70
DCIL number: 08001091.
Head of publication: Sébastien BISMUTH
5 Wall Street, Burlington, MA 01803 USA
+1 (888) 553 9216
For any information, question or advice, the UNDIZ customer service is at the disposal of its Customers:
• By letter:
Service Client www.undiz.com
6 rue Castérès
• By email: Click here to open the contact form
Article 1. Purpose
The purpose of these terms and conditions is, on the one hand, to inform any potential purchaser of the conditions and methods under which UNDIZ SAS, with share capital of €457,670, entered in the Nanterre Companies Register under number B 478 356 116, whose head office is situated at 6 rue Castérès - 92110 Clichy - France, (hereinafter referred to as "UNDIZ") as a vendor sells and delivers UNDIZ articles ordered on the www.undiz.com site; and on the other hand to define the rights and obligations of the Parties for the sale of products by UNDIZ to all non-trader individuals, who are adults and have full legal capacity (hereinafter referred to as the "Customer"). They apply without restriction or reservation to all of the sales of products displayed by UNDIZ on the Site.
Article 2. Products
Features of the products
The products offered for sale on line are those displayed on the Site. They are described and reproduced by UNDIZ on the Site with the greatest possible accuracy. The information given on the product sheet states the main features of the products (colours, description, composition, size), and their price inclusive of VAT.
However, UNDIZ draws the attention of the Customer to the fact that the photographs cannot be a perfect depiction of the product offered for sale, particularly with regard to colours.
Differences can result from the colour quality of the photographs, the difficulty of showing on the screen the rendering of the materials or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as conformity faults and result in the cancellation of the sale.
If there is an obvious error or insignificant omission between the product's features and its representation and/or its description, UNDIZ cannot be held liable.
The products and prices are valid as long as they feature on the Site, within the limit of available stocks.
Availability of the products
The products are offered for sale within the limit of available stocks. Only products featured on the Site on the day of it is viewed by the Customer are offered for sale. Therefore, during the placing of an order, the Customer is informed of the availability of the product selected. If a product is unavailable, UNDIZ agrees to inform the Customer as soon as possible by email and state, where applicable, the estimated waiting period for delivery of the product. The Customer can confirm the order or request a refund of the product on the basis of the billed price.
- The preparation and delivery costs will be reimbursed to the Customer if the latter confirms the cancellation of the entire order.
- The preparation and delivery costs will be charged to the Customer if the latter confirms the delivery of one or more other available products that are part of the same order.
Article 3. Prices
Prices are stated in euros (€) inclusive of VAT, and excluding preparation and delivery costs that vary according to the countries concerned. The prices stated include the VAT applicable on the day of the order. If the rate of VAT changes, it will automatically be added to the price of the articles. The Customer is informed of the fixed amount of participation in the preparation and delivery costs on the note summarising the order, and this, before validation of the latter.
Any order entails the acceptance of the prices and description of the products available for sale. Any dispute on this point will lead to a possible "exchange/refund" such as set out below.
At any time, UNDIZ reserves the right to modify the prices and descriptions of the products and particularly in the case of an increase in charges, rate of VAT, and/or in the event of an obvious typographical or entry error. However, the products will be billed on the basis of the prices in force at the time of registering the order, except for an obvious error. In fact, despite the vigilance of UNDIZ, it is possible price errors will occur on the Site and this, whatever the reason for it (computer bug, manual error, technical error, etc.). If orders are placed at erroneous or obviously derisory (very low) prices, they will be cancelled, even if they have been validated by UNDIZ's departments. UNDIZ will then inform each of its Customers concerned as soon as possible, in order that they can, if they want to, place the order again at the corrected and accurate price.
Transaction on the "new duiz" t-shirt: offer valid from 23/09/2014 to 6/01/2015 at undiz.com (and in-store) for the simultaneous purchase of two NEWDUIZ tops.
Discount made during validation of your cart. Valid on a single order, non-refundable and cannot be combined with any other current promotion.
Article 4. Order / Payment
• 4.1 Customer number
All Customers must fill in the fields given, to create his Customer profile and to obtain his connection identifiers, which are personal. If these identifiers are lost or forgotten, UNDIZ must be informed as soon as possible by contacting the Web Customers Department.
In order to place an order, the Customer must complete a registration form and fill out the information required for his identification:
- Valid email address and password of his choice (confidential and personal) for identification of the Customer on the Site,
- Nominative data marked by an asterisk, compulsory and required for processing the invoices and delivery of orders.
It is important that the Customer fills out the form as accurately as possible in order to avoid any error or impact on the sending of ordered articles. The data registered on this Site are exclusively for UNDIZ or its partners in the case of express acceptance by the Customer under the conditions stated below.
• 4.2 Registration of the order
Any Customer who wants to place an order selects his chosen product(s) by clicking on "Add to my cart". At the end of this step, a summary page corresponding to the purchase order appears on the screen, enabling the Customer to make all the changes then to validate by clicking on "Checkout".
To access the validation of the order, the Customer must read the general terms and conditions of sale and expressly accept them by ticking the box provided for this purpose.
• 4.3 Validation of the order
The Customer guarantees UNDIZ that he has the necessary authorisations to use the payment method that he has chosen for his order, during registration of the order. The Customer, through the validation of his shopping cart, the summary purchase order and acceptance of the general terms and conditions of sale, agrees to move on to the order validation stage through payment. The price owed by the Customer is the amount stated on the summary purchase order, which the Customer has taken note of before validating his order. This validation equals the express acceptance of all of the transactions carried out on the Site.
Any order placed on the Site will be exclusively paid on line via one of the following bankcards: CB, Visa, Mastercard, and Amex.
The order is only processed after entering the bankcard number, its expiry date and the security code (three figures featured on the back of the bankcard) for the payment. This payment is finally validated by the bankcard EIG. The card is debited when the order is dispatched.
In all cases, the supply on line of the bankcard number and the final validation of the order will be proof of the entirety of the order pursuant to the provisions of the Law of 13 March 2000 and will be equal to the payability of the sums incurred by the entry of the articles featured on the purchase order.
• 4.4 Securing the payment
UNDIZ uses the secure payment service ADYEN, which uses the SSL security standard. The confidential data (card number, expiry date) are sent coded directly to the ADYEN server and are at no time sent to our server. The ADYEN server itself is directly connected to the bank servers of each country concerned.
• 4.5 Prevention of means of payment fraud:
By accepting these general terms and conditions of sale, the Customer accepts the methods and formalities relating to the prevention of means of payment fraud described below. The information relating to the order made by the Customer on line on the Site is subject to automated data processing, and is managed by ADYEN (CNIL (French Data Protection Agency) authorisation 1364484), with which UNDIZ has concluded a specific agreement for this purpose.
The sole purpose of this automated processing of personal data is to define a level of analysis of a transaction and to combat means of payment fraud.
ADYEN may request from the Customer documentary proof (relating to his identity, billing or delivery address, and to the means of payment used). The failure or refusal of the Customer to send the documentary proof requested may result in UNDIZ refusing the order concerned. A delay in sending the documents sought may postpone the dispatch and delivery of the products ordered.
ADYEN and UNDIZ are the sole recipients of the data related to the Customer's order. The occurrence of an unpaid sum for the sole reason of a fraudulent use of a bankcard will automatically result in the registration of the details relating to the order in an electronic file, implemented by ADYEN.
• 4.6 Acknowledgment of receipt of the order
The final validation of the order takes place after validation of the payment.
An email confirming the order and payment will be sent to the Customer confirming his registration with a summary of all of the information already provided, the general terms and conditions of sale and the withdrawal form.
• 4.7 Tracking orders
The details and tracking of the delivery of the orders can be viewed at any time on the Site, in "My account" after the Customer has identified himself with his email and password.
Article 5. Delivery
Except in the case of a force majeure or unforeseeable and insurmountable event, delivery lead-times will be those stated below and run from the order confirmation date. They are sent to the Customer before any order and payment validation. Therefore, the Customer must choose the country of delivery and his transportation method when requested to do so.
UNDIZ takes all the necessary precautions so that its parcels arrive in perfect condition. This being so, the Customer must check the condition of the packaging and conformity of the delivered product, and, where applicable, state any reservation on the carrier's delivery note.
• 5.1 Delivery methods
The parcels are delivered on the Customer's choosing:
- by La Poste (the French Post Office) to the Customer's home or to any other address of his choosing (to be specified on the delivery form), subject to being situated in one of the countries listed in article 5.2,
- to one of the 4000 KIALA pick-up points in Mainland France.
UNDIZ processes the parcels the day after the order is placed, and on Monday morning for orders placed between Friday and Sunday. In general, all orders are processed in 3 to 5 working days. Additional lead-times are those practised by La Poste. Generally, they do not exceed 5 days (for Mainland France). Note that during certain periods (sales, private sales, etc.) processing periods may be longer due to a large number of parcels to be processed.
- Home delivery by La Poste
If the Customer is absent a note will be left in his letterbox. The parcel will be kept at the closest post office branch to the delivery address for 15 days.
- Delivery to the pick-up points
The parcel delivered by Kiala is kept for 14 calendar days (or 10 working days) at the chosen pick-up point. The Customer will be notified by email or by SMS of the arrival of his parcel at the pick-up point.
• 5.2 Delivery zones
The products are deliverable to the following countries: Mainland France and Corsica, Austria, Australia, Belgium, Switzerland, Germany, Denmark, Spain, Finland, United Kingdom, French Guiana, Guadeloupe, Greece, Hungary, Ireland, Italy, Lebanon, Luxembourg, Monaco, Saint Martin, Martinique, Mexico, New Caledonia, Netherlands, Norway, Poland, Portugal, Reunion Island, Sweden, Thailand, United States, British Virgin Islands.
• 5.3 Delivery lead-times
All deliveries are made within a maximum period of 7 days following the order date. If the delivery deadline is exceeded by more than 7 days (except in the case of a force majeure event), the Customer can:
- Either notify the delay by email via the contact form. In this case, UNDIZ will contact the postal services in order to carry out an inquiry that will not exceed 30 days. At the end of the inquiry, if the parcel has not been located, the Customer will be reimbursed for the amount of the order.
- Or cancel the order and request a refund, by sending a registered letter with acknowledgment of receipt to UNDIZ.
Any reimbursement will be made within a maximum period of 14 (fourteen) days from the cancellation. The Customer's bank account will be directly re-credited with the amount of the articles returned using the secure payment partner ADYEN.
• 5.3 Delivery costs
The fixed costs for preparation and delivery depend on the Customer's country of delivery:
|Canary Islands||15 €||₋|
|Mainland France and Corsica||3,95 €||3,95 €|
|Reunion Island||15 €||₋|
|United Kingdom||12 €||₋|
For parcels dispatched outside the European Union (EU) and the French Overseas Departments and Territories, customs duties or other local taxes or import taxes or state taxes may be due. The payment of these taxes and sums are entirely the responsibility of the Customer, whatever the amount.
Article 6. Transfer of Ownership - Transfer of Risks
Ownership of the articles purchased on the Site can only be transferred to the Customer after full payment of all of the sums due and this whatever the delivery date of the articles to the Customer. The transfer of ownership and execution of these general terms and conditions of sale only apply to the Customer who placed the order. During the period running from delivery to the transfer of ownership, the risks of loss, theft or destruction are borne by the Customer. The non-performance by the Customer of his payment obligations confers on UNDIZ the right to demand the immediate return of the articles delivered, at the Customer's expense and risk.
Article 7. Right of Withdrawal
7.1 Right of Withdrawal
Pursuant to the law, the Customer has a right of withdrawal of a period of 14 (fourteen) days from the receipt of his order, which he can exercise without having to justify his decision or bear costs other than those necessary for returning his order. To exercise this right, the Customer must return the withdrawal form attached to his order confirmation email, or accessible on the Site or any other declaration, clearly worded, expressing his wish to withdraw. The products must not have been worn or washed and must be returned in their packaging and with the original label, together with the invoice or delivery note (the invoice is available on the Site, under the "My Account" heading, and the delivery note is in the parcel). Note: Articles returned incomplete, spoiled, damaged or dirty by the Customer will not be taken back.
The withdrawal form can be sent by the Customer:
- by email: Click here to open the contact form, or
- by post to the following address: Service Clients www.undiz.com - 6 rue Castérès – 92110 Clichy.
7.2 Proposed return methods:
The Customer returns the products ordered within 14 (fourteen) days following the communication of his decision to withdraw under the conditions set out in article 7.1 above. Return costs are borne by the Customer.
- Return by La Poste:
The Customer can return the articles ordered, to UNDIZ, at his expense, together with (i) his withdrawal form or any other clearly worded declaration, (ii) the invoice or delivery note, to the following address:
Entrepôt Service retours www.undiz.com
ZAC Paris Oise
Avenue de Madrid
- Return to an UNDIZ store
The UNDIZ store registers the return and provides a receipt for the Customer. This must be kept, as it is proof of the deposit of the article. This service is only available in the UNDIZ stores in Mainland France.
UNDIZ will reimburse the Customer all of the sums paid, namely the price of the products and any delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery method other than the least costly standard delivery method offered by Undiz), and this, within a maximum period of 14 (fourteen) days following the Customer's withdrawal, unless the Customer returns his order by post, in which case the reimbursement will be deferred until recovery of the products ordered or until the Customer has provided proof of the dispatch of the products, with the date used being that of the first of these events.
The Customer's bank account will be directly re-credited with the amount of the articles returned using the secure payment partner ADYEN.
Article 8. Exchange or refund of the product
Without prejudice to the provisions relating to exercising the withdrawal right, UNDIZ allows Customers to change their minds, on presentation of the purchase order, without fail, for any article not worn from the current season. The product concerned must be accompanied by its original label and its invoice. The invoice is available on the Site, under the "My Account" heading and must be printed and filled out by the Customer.
The Customer may exchange any article not worn from the current season in the UNDIZ stores. The articles must, without fail, be accompanied by the invoice or the purchase order and the original label. Articles bought in sales or in a promotional period can be exchanged but only in-store, within the limit of 30 days.
The Undiz store will take back the article at the price stated on the delivery note and the new article will be billed at the price stated in the store. If the article that the Customer chooses in the store is cheaper, the difference will then be refunded directly to him.
This service is only available in the UNDIZ stores of Mainland France.
The Customer also has the option to be refunded for any article not worn from the current season:
- in all the UNDIZ stores in Mainland France, excluding articles purchased in sales or during a promotional period that cannot be the subject of a refund in-store,
- By directly sending the articles by post to the following address:
Entrepôt UNDIZ (Service retour)
ZAC Paris Oise
Avenue de Madrid
Whatever the return method, the articles must, without fail, be accompanied by the purchase invoice and the original label. The purchase invoice is available at My Account/My Orders/Order Details. In the case of a return via La Poste, the shipping costs will be borne by the Customer, unless the return is due to an error made by UNDIZ.
Articles bought in sales or during a promotional period cannot be refunded in-store. However, the Customer can obtain a refund by sending them via La Poste, within 10 working days from receipt of the parcel. The date serving as a reference to record the return is that of La Poste.
Note: Articles returned incomplete, spoiled, damaged or dirty by the Customer will not be taken back.
In the event of a request for refund, the latter is carried out on receipt of the parcel within a period of approximately 10 days. The Customer's bank account is directly re-credited with the amount of the articles returned using the secure payment partner ADYEN.
In the event of abnormal or wrongful refund requests, UNDIZ reserves the right to refuse to take an order placed later on.
Article 9. Guarantee
The products offered comply with the French legislation in force. All the products benefit from the legal system of the conformity guarantee stipulated in articles L.211-4 et seq. of the French Consumer Code, as well as the hidden defects guarantee of articles 1641 et seq. of the French Civil Code.
Article 10. Liability
Despite the care taken over the Site, the photographs and text reproduced and illustrating the products presented, can sometimes include errors: the liability of UNDIZ cannot be incurred in the case of an error in one of the photographs or in text. If an article received does not comply with the one viewed on the Site, the Customer can exchange it and/or have it refunded pursuant to articles 7 and 8 above.
Furthermore, UNDIZ cannot be held liable for non-performance of the contract concluded in the event of a:
- stock shortage or unavailability of the product,
- disturbance, total or partial strike, particularly the postal services and means of transport and/or communications, floods, fires, any force majeure event and any other unforeseeable event or one that is outside the control of UNDIZ.
UNDIZ will not incur any liability for any indirect damages due to this contract, operating losses, loss of profit, loss of opportunity, damages or costs.
Hypertext links may refer to websites other than this Site. UNDIZ accepts no liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Lastly, Undiz accepts no liability:
- for any interruption in the Site, occurrence of bugs, damage resulting from a fraudulent intrusion of a third party having resulted in a modification of the information provided on the Site,
- for insubstantial errors relating to the products,
- for failure to reach the customer service and/or access the Site.
Article 11. Intellectual Property Right
The Site is strictly reserved for personal use. In agreement with the laws governing literary and artistic rights or other related rights, this Site and all the elements featured on it are subject to copyright.
Unless otherwise stipulated, the marks, designs, logos, photographs, images, graphics, etc., found on this Site as well as their compilation are exclusively owned by UNDIZ.
UNDIZ stipulates that any reproduction, use or partial or total modification, of any element of the Site is strictly prohibited, except with the prior, special and express authorisation of UNDIZ.
Consequently, UNDIZ may initiate proceedings, particularly for infringement, against those who, directly or indirectly, infringe on its rights.
ARTICLE 12. INSTAGRAM MODULE
In order to best view the Undiz Products offered for sale, UNDIZ has set up an Instagram module enabling customers to post a photograph of an Undiz product directly to the website. This photograph will then be published either on the information sheet for each Product concerned via #undizfamily, or via a specific showcase on the Website.
To do so, customers who have their own personal Instagram account are invited to post a photograph of an Undiz product on Instagram with the hashtag #undizfamily.
Each customer wishing to post a photograph using #undizfamily, is formally prohibited from publishing or sharing any photograph that borrows or uses any element protected by intellectual or industrial copyright (notably a brand) belonging to any third party.
No visual element that may constitute an invasion of privacy or an infringement of the personal image rights of any third party may feature in the photographs concerned. The photographs must not feature any element that may be considered defamatory, insulting, pornographic, racist, xenophobic, shocking, contrary to the law or that may offend public decency, or any element that may denigrate or in any way whatsoever damage the image, private life, honour, reputation and/or the consideration of any person or business entity. No cigarettes, alcoholic drinks or any illegal products may be visible. Any photograph that evokes a dangerous situation for customers or any other person will be systematically refused.
By using the #undizfamily hashtag, customers expressly transfer to Undiz their rights to exploit, copy and use the photographs that are published. These rights are transferred free of charge, for the entire world and for the duration of the period covered by legal copyright, for all uses, notably commercial, promotional and advertising. The customers expressly renounce any right to any remuneration, claim or financial participation of any type whatsoever arising from the photographs, including in any form that may be unplanned or unforeseen on the date of publication. The customers recognise and accept that the photographs may be modified and/or adapted and will remain the property of Undiz.
Article 13. Complaints
For any question concerning an order already placed, the Web Customers Service will be at the disposal of the Customer who is invited to go to the "Contact Us" heading in order to directly ask his question.
In the case of a dispute, the Customer must note down the order number as well as the exact reason for the dispute.
Following the resolution of the problem and if a refund is necessary, this is made directly to the Customer's bank account using the secure payment partner ADYEN.
Inquiries carried out with La Poste to find out about the movement of a parcel must not exceed 30 days.
Lastly, beyond two months after opening a "complaint" file, refund requests can no longer be taken into account since the UNDIZ banking agent only permits re-crediting transactions under a period of a maximum of 60 days.
Article 14. Nominative Data
Undiz informs Customers that by placing an order on this Site, the data registered concerning them will be used by its internal departments, those of its sister companies, and/or those of the companies of the group to which Undiz belongs:
- for processing the order,
- in order to inform the customers of upcoming news and events by sending newsletters,
- and in order to inform them about commercial offers and competitions.
Pursuant to amended French Data Protection Law 78-17 of 6 January 1978, at any time the Customer has a right to access and rectify the data concerning him.
In order to do this, the Customer simply needs to make a request by specifying his details:
- By email via the contact form,
- By letter to the following address: Service clients web UNDIZ, 6 rue Castérès, 92110 Clichy, France.
The Customer can accept or refuse the use of his data by UNDIZ by expressly stating it in the registration form or by making the request by one of the two methods stated above.
Each time the Customer visits the Site, he must not forget to disconnect from his profile in order to preserve the confidentiality of the data.
UNDIZ recalls that under application of article 1124 of the French Civil Code, children not of full age are unable to enter into a contract. Consequently, orders intended for minors must be placed by the parental authority. In the event of the accidental collection of nominative data relating to a minor, the parental authority has the capacity to object to their conservation and/or to the transfer to third parties.
Article 15. Term
These conditions apply throughout the term of the onlining of the products and services offered for sale by UNDIZ.
Article 16. Amendment of the General Terms and Conditions of Sale
Given possible changes to the Site, UNDIZ reserves the right to adapt or modify these general terms and conditions of sale at any time. The new general terms and conditions of sale will be, where applicable, brought to the attention of the Customer by an amendment on line and will be applicable solely to sales made after the amendment.
Article 17. Convention of Proof
The computer registers kept on the information systems of UNDIZ and of its partners under reasonable conditions of security, will be considered as proof of communication, orders and payments that have take place between UNDIZ and the Customer.
Article 18. Applicable Law - Disputes
This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, only the French courts will be competent.