GENERAL TERMS OF USE 

1.    THE COMPANY

 

Social name and legal form: LUXE HUNTER SAS

Mailing address of the head office: 11 Impasse du Rossignol, 34160 CASTRIES

The company is entered in the Commercial Register of Montpellier

Phone number: (+33) 6 04 67 17 90

Email address: info@addictochic.com

Director and Responsible for the publication: Jacqueline Pistoulet

Share Capital: 30 073 euros

Luxe Hunter SAS is registered at the CNIL under the following number: 1874007

The website addictochic.com, its structure, IT engineering, graphic design, data base and the domain name holder belong to the company LUXE HUNTER SAS.

French is the suggested language for the conclusion of the contract. 

 

2.   DEFINITIONS

 

-        The member: physical or legal person registered on the website and / or any person browsing on the website

-        Adds: advertising space that addictochic.com assigns to the sellers with the aim of showing the items they would like to sell.

-        Corner: the virtual shop that addictochic.com assigns to the sellers for allowing them to expose their items

-        item / Product: the published product, within the catalogue of www.addictochic.com

-        Product Sheet:  product description sold in the catalogue

-        Seller: member who publishes items for sell on  www.addictochic.com

-        Buyer: member who realizes one or more items transaction on www.addictochic.com

-        Purchase Proposal: proposal made by a buyer or a seller from appropriating one of his items

-        Order: guaranteed purchase made by the buyer and subjected to the General Terms of Use

 

 

3.   OBJECT OF THE GENERAL TERMS OF USE

 

The purpose of LUXE HUNTE SAS is to put in touch buyers and sellers pre-registered as Addictochic Community Members. Sellers offer new or pre-loved goods.

 

 

4.   REGISTRATION MEMBER,  ACCOUNT ACTIVATION AND RULES OF USE

 

Thanks to its account, the member will sell or buy one or more items.

 

A.    MEMBER REGISTRATION

The member can subscribe by:

-        Thanks to his email address and password

-        Thanks to Facebook Connect by using Facebook Connect Function in order to register on the website. It will be ask to him to allow Addictochic to access to some information from the Facebook account (surname and name, username, email address, sex, date of birth, profile picture, friend’s list and all the public information on his Facebook account).

Opening an account is free of charge and readily accessible without any purchase or sale obligation on the Site. The account holders should have 16 years old minimum and be in legal capacity of buying and selling items. 

 

B.     ACCOUNT ACTIVATION

Once the account is opened, the member will receive a confirmation email about its addictochic.com account.

The registration process and the account opening is free of charge and without any obligation.

The registration process and the opening process is necessary for users who want to show, sell and buy items. 

C.     USER STANDARDS IN ADDICTOCHIC.COM

The member agrees not to communicate his personal information and will undertake the consequence of the account using, even without his knowledge, by a third party using his username and password.

Password and username are strictly personal and confidential. The registered member is the only authorized to use the Site. The member commits to do not communicate his personal information. On the assumption that someone is using his personal information to access on the Site, the member will inform Addictochic without delay.

The member agrees not to register under a username which can compromise the right of a third party.

The member agrees not to create or use others accounts than the one originally established, whether for his own purpose or for a third party. All derogation should be the object of an explicit demand from the member and an express authorization from Addictochic. The process of creating or using new accounts under his own or a third party identity without asking and obtaining an authorization from Addictochic could lead to an immediate account suspension.

The member commits not to communicate his contact details (phone number, email address) in his announce, question, answer and in his shop description. In the case, Addictochic could erased his information without warning him.

 

5.   INTELLECTUAL PROPERTY

 

All of the www.addictochic.com elements are and remain the exclusive Addictochic’s intellectual property.

No one is allowed to reproduce, use, and rebroadcast, even partially, some website elements without the express agreement of the owner (visual or auditory software).

All simple or hyperlink are strictly forbidden without any Addictochic’s written agreement.

Addictochic is a European brand.

 

6.   IMAGE RIGHT AND COPYRIGHT ON ITEMS PICTURES

 

During the creation of a shop and/or a product sheet, member can download his owns photos and/or items for sale, and/or put online any notes.

The member agrees to only publish his own pictures of his items.

In this context, the member authorizes Addictochic to:

-        To modify photos of the items for sale but only regarding resizing and framing them as well as the “détourage”, which means to remove the background of the photo in order to obtain a white one.

-        To set, reproduce, broadcast image and/or photos, and/or put online notes, in an unlimited number, free of charge, for the whole word, in all format, especially on the site and on Addictochic’s website partners.

He admitted to be already informed and he accepted that the decision of exploiting or not his image will depends on Addictochic’s discretion which whose does not take commitment regarding his image exploitation.

This authorization is allowed for the period during when the member has an account/or an online shop. The member can retract his authorization by sending an email to the following address: info@addictochic.com

Addictochic reserves the right to control all the elements online included notes and downloading made by the member, and to delete all the elements damaging the General Conditions.

 

7.   PROHIBITION OF SALE, COUNTERFEITING 

The seller agrees that all the items selling online are tangible goods immediately available and that he has the full and entire ownership.

For hygiene purpose, the following items cannot be sold on Addictochic: underwear, swimwear, socks, pantyhose and nightwear.

The members refuse to sell or buy directly or not, through the Site counterfeit items.

In order to fight against counterfeiting, Addictochic may require any information to the seller (tax invoice) or more photos of the items.

The members commits to let Addictochic knows if they note that an ad is not complied with the item description.

The member is the only responsible for selling a product which can be forbidden 

 

8.   PRODUCT SHEET

 

Every product necessarily needs a product sheet made by its owner (member) in French. The member accepts the translation of his product sheet.

In his ad, seller commits to describe his offer according to the required form. The item description should fit with the characteristic. All the member’s product sheet will constitute his Shop. Seller also agrees to update his own shop.

The seller is solely responsible for the good execution of the obligation to inform the Sellers of the essential characteristics of the product. He is the only person responsible for the description of the goods offered for sale. It shall Addictochic.com against any third-party claims. The seller agrees to carry out all validations and verifications and to give all the necessarily precisions in order to do not misleading the buyer. In order to finalize the product sheet, the seller should accept Addictochic general conditions and promises that the product description fits with the product brand authenticity.

During his first submission on the site, he should complete the following contact fields as well as the banking account number of its member account. Thus, Addictochic will keep in touch easily with him, if necessary. He also should entering his bank details if he wants to be paid by credit transfer.

In his product sheet, the seller offers a selling price for the item.

The seller should indicate the selling price of the item in the Shop. If he doesn’t know the exact price, he could indicate his best estimation. The member is also warned that the saving percentage of each items is calculated according to the selling price in the shop. This is for information purposes and it’s not contractual.  

 

 9.   VALIDATION OF THE ANNOUNCEMENT BY ADDICTOCHIC

 

In order to ensure products consistency on the site, each announce should be confirmed by Addictochic before being distributed.

Moreover, Addictochic could also ask the member to reviewed his selling price and/or make change about the product description, if it doesn’t fit with the market reality.

In case of acceptance, Addictochic will send him a confirmation email.

Subject to the Seller complying with the General Conditions, the ad will be validate and diffuse by Addictochic during 6 months. 

 

 

10.   PRODUCT AVAIBILITY FOR USERS AND PRODUCT SHEET SUSPENSION

 

Once the buyer makes a purchase offer, Addictochic makes the ad unavailable.

All sellers who don’t want to sell anymore agree to withdraw his items from his shop.

Once the member’s product sheet is online, the member commits to regularly consult his account in order to know his transactions in process. In case of continuous absence, the member agrees to temporarily suspend his account. He can come back to his activities later.

 

To ensure proper information, and in the case of unjustified absence, Addictochic is authorized to deactivate the member’s account during 7 days minimum.

 

11. SALES AND SALE COMMISSIONS OF ADDICTOCHIC

Sales price: VAT is charged on our sales price at the legal rate currently applicable excluding customs taxes. The mentioned prices on our site are all charge included, in euros. Delivery charges are not included in the displayed price. Any other additional charges may be charged to the consumer are indicated before the conclusion of the contract. You will also receive an information if other additional charges not billed by the site may be charged to you.

The commission of Addictochic corresponds to the amount paid by the buyer for each transactions as Addictochic revises and harmonizes the product sheet, controls both authenticity and conformity, does photo-editing, publication on its catalogue, conformity control and, for luxury items participates to the authenticity expertise charges. The commission is integrated to the selling price shows on the site.

Addictochic only perceives its commission once the product is sold, according to the following scale:

 

SELLING PRICE

COMMISSION W/T VAT

Price ≤ 249€

31%

250€ ≤ Price ≤ 9 999€

30%

10 000€ ≤ Price ≤ 19 999€ 

 28%

Price ≥ 20 000€

25%

 

 

12.  CLOSING OF THE SALE, PURCHASE ORDER AND ACCEPTANCE OF ORDER

 

In accordance with the Civil Code according to the conclusion of online contract, the contract will be conclude when the buyer will click on the button allowing him to confirm his order after viewing it, in particular its total price and after correcting possible errors. Thus, he will recognize his payment method.

When buyer validates his order, he submits an irrevocable offer to buy that appears in his shopping bag.

The buyer is bound to this purchase offer until the legal deadline of 5 days allows to the seller.

Addictochic notifies order by email to the seller of the purchase.

The seller commits to confirm or reserve his offer within a period of 5 working days following Addictochic email concerning that the item has found a purchaser.

The seller can accept the purchase offer on his account on the site. His acceptation is fixed and irrevocable. From the acceptance of the seller, the sale is conclude.

If no respond was received by the due date (5 working days) the sales contract will not be conclude. Thus, the purchase order is cancelled and his credit card and/or his Paypal account will be credited again of the amount paid.

Purchase orders formulated by the buyer are independent of each other. If one or more of the purchase orders are or not accepted by the seller, all of the other purchase offers are not obsoletes. 

 

 

13.  PAYMENT

 

Once the buyer validates his shopping bag, he completes his payment through the Mango Pay electronic money through wallets system. Mango Pay is a payment trusted third party. This solution is regulated by Mango Pay terms and conditions.

The buyer can pay with its credit card through the Mango Pay payment system or with its Paypal account.

Addictochic has under any circumstances access to his members’ banking information. 

The amount paid by the buyer encompasses:

-        The  item price determined by the seller

-        The delivery costs determined by Addictochic and which corresponds to the fee schedule of the Article 14 of the day of the order

-        Expertise fees for all of the items appearing on the site under the “authenticity certified” label in the amount of 25€ for items that cost less than 1000€ and of 50€ for items that cost 1000 and more

-        Customs duties for the concerned countries

 

 

14.  DELIVERY COSTS

 

Delivery costs:

Included: insurance and taxes

 

 

Amount of the order

 

less than 1000€

1000€ or more 

Destination

 

 

France

9€

25€

Europe

22€

30€

Etats-Unis, Canada, and the rest of the world*

60€

60€

*Customs fees: 15% of the selling price

 

 

15.  VOUCHER

 

Buyer can pay some or all of his order by using a voucher.

Vouchers are only approved on the site, each one has a validity date and can be use one time.

In the case of the total amount of the order is superior of the amount of the voucher, the recipient could pay the difference by using his credit card or his Paypal account.

If the order should be cancelled due to the item non-availability, the recipient will receive a new code to enter for his next order. The voucher validity duration will not be extendable.

Vouchers cannot be credited on the bank account or on the Paypal account.

 

 

16. DELIVERY CONDITION OF THE ITEM FROM THE SELLER TO ADDICTOCHIC, CONFORMITY AND AUTHENTICITY CONTROL

 

Once the buyer has accepted seller’s offer who confirmed the item availability and that Addictochic has collected buyer’s sales price, the seller may decide to send himself the item or to use Addictochic’s shipper for sending it at the office for checking authenticity.

The conformity control protects buyers against any defect which was no precise on the product sheet.

If during control, Addictochic notices that the item doesn’t complied with the buyer’s product sheet (for instance regarding the product shape), Addictochic agrees (i) to negotiate lower price or (ii) to cancel and refund the buyer. In this case, the reduction in the price or the refund could take the form of a voucher or a credited payment on the credit card or the buyer Paypal account (chosen by the purchaser).

Authenticity control is realized by professional experts and guarantees that the item is truly authentic and that it’s not a counterfeit item. It’s realized on all the items bearing “Luxe Authentic” label. In the case of the item is certified “authentic” by the experts, they will deliver an authenticity certificate which will be sending with the item to the buyer. If the item is rejected by the experts, the order will be cancelled and the buyer will be credited.

In the case of the order will be cancelled and if the buyer wants a product returned, a lump sum paid of 20€ TTC would be invoiced to him, for a non-available item. If it’s a counterfeit item, Addictochic reserves the right to notify it to the competent authority.

In the event that no claims are made by the seller within 6 months following the cancellation of the order, the item will remain property of Addictochic.

The seller agrees to send to Addictochic absolutely clean products (that means, products that will be clean and iron if necessarily). Otherwise, Additochic can invoice this service to its seller or deduct these fees of any amount due to the seller by Addictochic.

In order to avoid any contestation, the seller commits to take care of his packaging material (for instance, opaque envelope reinforced with bubble wrap) for his product sent. The seller commits to keep proof of his parcel shipping during 2 months following the shipping date.

He agrees to indicate on his shopping page the shopping date of his item.

The seller commits to send the item within 3 working days.

Under no circumstance Addictochic will be held liable for any damage or loss from the moment it takes possession of the items. If there is a loss or deterioration by the shipper who received the item, the seller’s compensation will vary depending on the shipper’s compensation.

Once the conformity and the authenticity control has been made, Addictochic will send the item to the buyer.

 

 

17. ITEM DELIVERY TO THE BUYER, DELIVERY AND RECEIPT

 

Once the conformity control made, the item is declared “conform” and if the item is subject to the authenticity control is both declared “authentic and conform”. Addictochic will send the article to the buyer.

The delivery address indicated by the buyer should be an address to which the delivery can be done (during office hours).

If the buyer is not here during the delivery, the shipper will passed again to his home the day after. If he is not here the day after, the shipper will let him an advice note to invite him to come for taking his item in the shipper’s delegation. The buyer will have 15 days to come to take his item, if he would not come, the package will be send to Addictochic and will remain at the disposal of the buyer. The buyer accepts that the delivery costs he paid will not be reimbursed by Addictochic.

Addictochic commits to send to the seller the item ordered within 20 working days.

 

 

18.  SELLER'S PAYMENT BY ADDICTOCHIC

 In order to obtain his payment, the seller must provide through his Addictochic account, his banking information or Paypal information in order to let Addictochic makes a money transfer on his bank account or Paypal account.

The seller will receive the amount received by the buyer for which it was cut off: (i) Addictochic commission, (ii) delivery cost according to the grid below, in the events of Addictochic issues a mailing slip and (iii) all the outstanding sum like cleaning and ironing expenses.

They are entirely given to the buyer by Addictochic which would have collected them during the order confirmation.

The buyer authorizes Addictochic to perceive in its name and on its behalf, transaction price.

The payment will be made every 30th of each month for all the items delivered before the 15th of the preceding month and all the 15th of the following month for all the items delivered after the 15th of the preceding month.

Delivery costs for the conformity and authenticity control made by Addictochic’s experts:

-        From France: 15€

-        From Spain, Portugal, Andorra, Belgium, UK, Luxembourg, Germany, Holland, Italia: 22€

  Once the 10 working days expired (since the first delivery day), the buyer agrees that he will not pursue any claims.

19.  NON RECEPTION OF THE ITEM

Buyer commits to do not make a claim at the reception of the item after the 10 following days of the sending date.

 

20.  JUSTIFIED RETURN OF THE ITEM. SUPPORTED CANCELLATION

This clause refers to the following parameters:

-        The receipt of the item from the buyer within a maximum of 7 days (from the delivery date)

-        Buyers communicate with Addictochic that the item is counterfeit, or that the item sale is forbidden by the law or that the item doesn’t fit with the product sheet despite Addictochic’s control.

If the seller is a private individual or a reselling shop and that the buyer is complaining about the non-conformity of the item, he should contact Addictochic within 7 days from the item reception at: info@addictochic.com. According to the buyer’s wishes, Addictochic will keep in touch with the seller and will negotiate a price reduction or cancel the sale and send his money back. For whatever reason, price negotiation or sale cancellation, the buyer should send photos justifying that the article doesn’t fit with the product sheet, is a counterfeit, or is not fitting with the General Terms of Use.

If buyers should the item return to him and if the return is justified and motivated, he should inform Addictochic. The buyer should pay a lump-sum amount of 30 euros TTC corresponding to the cost of processing and mailing (relating costs to the product delivery at Addictochic and relating costs to the item forwarding to the seller). If the seller doesn’t express himself to get back his items within a delay of 6 months from the delivery, Addictochic will become the owner.

Items sold to professional sellers:

If the item doesn’t fit with the description of the product sheet or if the item jeopardizes the General Term of Use, the buyer can complaint to Addictochic within a maximum of 14 days from the item reception. Thus, he could obtain, according to his own choice, the exchange, the reimbursement, the product repair related to the Article L211-9 of the French Consumer Code. Regarding the return of new item(s), the buyer can ask for replace it/them. The replacement can be accepted if it is appropriated and if the related costs are not too high compared to the repairing costs.

Every professional sellers agrees to reimburse, to repair or if it’s new item to replace it in a fairly decent timeframe if the product doesn’t complied with the product sheet description or if it jeopardizes the General Term of Use.

Price reduction or reimbursement can take the form of a payment from Addictochic, like promotional codes (Promo Code) or cash (amount credited on the buyer’s Paypal account or by credit transfer).

Addictochic’s responsibility is excluded in case of both professional and non-professional seller’s failure. In the event of seller’s failure of his obligation to provide reimbursement or for any item repairing, the item will be return to the buyer due to its non-conformity with the product sheet. 

21. ITEM RETURNED - 7 DAYS GUARANTEE 

Whatever the item comes from a professional or a non-professional seller, the buyer has the right to withdraw from the present contract without giving any reasons, within a period of 7 days (including bank holidays).

He has 7 days to inform Addictochic at produit@addictochic.com that he wants to return his item. The item should be in the same condition as it was during the order step and the labels should be intact and not have been removed.

Addictochic will analyzed the return item and will check if it’s fitting with the expert’s conformity report. Addictochic may also refuse a return without having to give reasons.

Once the return is accepted, Addictochic will send to the buyer an exchange number which he will have to write on his parcel and send to:

Addictochic – Service Retours – 11 impasse du Rossignol – 34160 Castries.

Return in France are free, if sent by the same messenger as for the order delivery. For the others countries, the price will be the following:

-        From Europe: 25€

-        From United States, Canada and the rest of the world: 60€

Customs fees surcharge.

 22. PERIOD OF WITHDRAWAL 

 

The buyer can withdraw the present contract (without giving any reasons) during 14 days from the moment he buys an item to a professional seller.

The period of withdrawal expires 14 days after the day of himself or a third party other than the shipper, takes physical possession of the last item.

To apply the period of withdrawal, the buyer should notify us his decision regarding the present contract by using a statement devoid of ambiguity (for instance, letter sent through the postal system or by email). The buyer can notify by mail at Luxe Hunter SAS – 11 impasse du Rossignol – 34160 Castries - France or by phone at (+33) 4 99 64 93 88 or by email at: info@addictochic.com. The buyer can use the withdrawal form but it’s not obligatory.

To respect the period of withdrawal, the buyer should transmit his communication concerning the period of withdrawal before its expiration.

The effects of withdrawal:

In the case of seller’s withdrawal, we reimburse him all the payment we received including delivery costs (except the additional costs if you choose another way of delivery than ours) without undue delay and, in any event, not more than 14 days from when we know about your withdrawal. We will proceed to your reimbursement by using the same payment method than the one used for the original transaction, except if the buyer wants to use another one which will not result in additional costs.

The buyer should send or return the item to Luxe Hunter SAS – 11 impasse du Rossignol – 34160 Castries Phone Number: 01 79 97 37 91, without undue delay, and in any event, not more than 14 days from when he communicated his withdrawal decision for the present contract. This delay is respected if he sends the item before the 14 days of expiration. He should take over direct costs of the return parcel.

Withdrawal form:

(Please complete and return the present form by post or email, uniquely if you want to withdraw the contract)

For the attention of LUXE HUNTER SAS, 11 impasse des Rossignols – 34160 Castries, email: info@addictochic.com:

I/We (*) hereby give notice that I/We (*) withdraw my/our (*) contract of sale of the following goods (*) / provision of the following service

Ordered on (*) / received on (*)

Consumer(s)’s name(s)

Consumer(s)’s address

Consumer(s)’s signature(s)

Date

*Delete as appropriate 

The right to withdraw is not applicable on private individual sellers.

23.  ITEMS RETURN 

The returns will be communicated to Addictochic by email at: produit@addictochic.com

For all private individual items returns, the return needs to be made at the following address: LUXE HUNTER SAS, 11 impasse du Rossignol – 34160 Castries.

When it’s about professional items returns, the return will be directly made at his professional address.

Addictochic will not be held liable for damage and item loss from their delivery to their reception by Addictochic.

Addictochic will inspect the item and will measure its conservation status. If the item has not been properly received or is not complete, Addictochic reserves the right to deduce the full amount to be paid by the buyer. The amount is related to compensate damages and item loss.

This expectation can be applied for all of the damaged items returned to Addictochic, when this damage occurred after the seller’s delivery, independently of the reason, included its ordinary usage, in case of buyer’s accident or the accident of a third party, distinct from the shipper. 

24. PROFESSIONAL SELLERS AND OBLIGATIONS 

The member wishing to practice a business activity through addictochic.com must identify himself on his account. He should prove to Addictochic his position as trader through his SIRET number. Addictochic reserves the right to do not contract with a professional seller.

If a buyer, registered as a private individual on the site, appears to involve in a business activity, Addictochic may request him to identify as a professional. Thus, he must provide a certificate attesting of his professional quality.  In the event of refusal or silence, Addictochic will be able to close his account.

Addictochic reminds to the seller acting in a professional capacity his obligation to respect laws and rules relating to the exercising of a remote commercial selling activity.

The seller commits to send to the buyer an invoice responding to the legal requirements designating the item sold and the purchase price.

 25.  COMMITMENT AND OBLIGATIONS OF ADDICTOCHIC 

 

Addictochic is subject to a general obligation of means regarding the provision of the online brokerage service. In the context of implementation, it is stated that the role of Addictochic is to ensure the intermediation between members. In this capacity, Addictochic is thus not a reseller, and is not becoming the owner of the items.

Addictochic cannot ensure that the seller’s item will satisfy the buyer.

Addictochic strives to ensure his site is accessible 7 days a week and 24 hours a day, except in case of force majeure recognizing by French courts. Nevertheless, for technical maintenance reasons, Addictochic could temporarily suspend and without notice the total or partial access to its site. The acceptance of these Terms and Conditions by members implies their acceptance relating to possible technical interruptions.

Addictochic reserves the right to develop the site, in particular for commercial and technical reasons. Once these modifications don’t modify Terms and Conditions, or more generally, the condition of the supply of the service, members may be informed about changes but their acceptation is not requested.

Addictochic reserves the right to modify Terms and Conditions according to its supply and market development, by putting online the modifications. The new Terms and Conditions will be effective but will be not extend to the current transactions.

Addictochic cannot be held liable for either the content of the ads or its actions of its members or its items online.

During the conformity control, Addictochic agrees to check item conformity compared to its product sheet made by the Seller. Addictochic cannot be held liable for hidden defects or false information given by the Seller.

In case of force majeure, strikes, power failure or difficulties regarding the informatics material of Addictochic, software programs used by Addictochic or Internet, or in case of the Site access is suspended, the obligations of the parties will be suspended.

In case of hidden defects, corresponding to the definition given by the article 1641 of the Civil Code, any disputes arising shall be binding only the buyer and the seller, excluding Addictochic. 

 

26. ARCHIVING AND CONTRACT ACCESSIBILITY 

 The contracts conclude on our website (data from your order and General Terms of Use in force at the day of your order) are stored during 10 years. You can access to the stored contracts by making an application to the following email address info@addictochic.com or by mailing service at: LUXE HUNTER SAS, 11 impasse du Rossignol – 34160 Castries. 

 

 

27. THE E-GIFT

Addictochic offers to its members the possibility to buy gift card or E-Gift which amount is predetermined. An E-Gift will be send you by email. It is valid for one year from the date of the order. The E-Gift has to be entirely spent on one order. If the amount of the order is inferior to the amount of the E-Gift, the difference between the amounts will not be recoverable. The E-Gift may not be combine with promotional codes.