General Conditions of Use and Sale
1. Purpose :
The General Conditions of Sale (GCS) govern all relations between Whitty Paris, hereinafter the "seller", and any individual user, hereinafter the "buyer", "consumer", "visitor", "client", "your", "yours" and "you", placing an order on https://www.whitty.paris, hereinafter the "website" and "plateform". Unless otherwise stated, terms used in the singular also include the plural and vice versa. This page also includes the General Conditions of Use (GCU) of the website and together with the General Conditions of Sale (GCS), constitutes the General Conditions applicable to any adult individual user (aged 18 or over). Whitty Paris offers worldwide fashion, art and lifestyle items intended exclusively for consumers for personal use. Before confirming any order, the buyer acknowledges having read and expressly accepted these General Conditions by ticking the corresponding box. For the purposes hereof, Whitty Paris and the buyer are referred to individually or collectively as the "party" or the "parties". Use of the website implies careful reading of these General Conditions of Use and Sale, Legal Notice, the cookie policy, and the personal data protection policy. Whitty Paris reserves the right to modify or update these General Conditions at any time and without notice, which will take effect upon their publication on the website.
2. Cookies :
When browsing the website, cookies may be placed on your device to ensure proper website functioning, store your preferences and improve your user experience. You may manage or disable these cookies at any time through your browser settings. Continuing to browse the website implies your consent to their use.
3. Account :
The client has the option to place an order without creating an account on the website using the express checkout feature. In this case, the client only provides the information necessary for the delivery and payment of their order. Creating an account is mandatory to access all website functionalities. By creating an account, the buyer accepts the personal data protection policy and guarantees the accuracy of the information provided. To create an account, click the "sign in" icon located at the top right of the website or visit https://www.whitty.paris/en/login?create_account=1, fill in the required fields, then confirm to finalize the account creation. To log in, click the "sign in" icon at the top right of the website or visit https://www.whitty.paris/en/login?back=my-account, enter your email and your password, then confirm. If you forgot your password, use the "Forgot your password ?" link to receive a reset email. To change your password, log in to your account, click "Information", and enter your new password. Your username and password are strictly personal and confidential.
4. Order :
To place an order, add items to the cart, log in to your account and choose your delivery and payment method. Then confirm your order. A summary email will be sent. The order will be confirmed once the payment has been validated. Each product page provides item descriptions. The client acknowledges that the images of the items are provided for indicative purposes only. Whitty Paris strives to represent colors accurately, but cannot guarantee that the display on the client's screen will exactly match the actual color of the items. All of the buyer’s order information will be transmitted to the designer and the artist. In the event that an item is unavailable, the client will be notified by email and may choose to wait or cancel the item, with an automatic refund issued via the original payment method. Whitty Paris cannot be held responsible, and no compensation may be claimed by the client in the event of an order being refused due to the unavailability of items. Once confirmed, the order for an available item cannot be modified. However, you may change the delivery address or cancel your order before preparation by contacting customercare@whitty.paris.
5. Pre-Order :
Some items proposed may be available for pre-order. A pre-order allows access to an item before its official release ; the item is not in stock and is made specifically for the buyer. Payment is charged in full at the time of order and the estimated delivery date is indicated on the product page. Production of the item begins as soon as the pre-order is confirmed. Since these items are made only after the order is placed, they cannot be canceled, returned, or refunded. In exceptional cases, a cancellation may be considered as long as the order has not yet entered production, at the sole discretion of the designer or artist ; any request must be sent to customercare@whitty.paris. Pre-order items are shipped separately from other items.
6. Payment :
All payments are made in euro and by credit cards (Visa, Mastercard and American Express) via our secure platform, as well as by PayPal, Apple Pay and Google Pay. Credit card data is encrypted and protected against any unauthorized access, and will only be shared in the event of a legal obligation or upon request by the competent authorities. By validating the payment, the client certifies that he has the required authorization to use the selected payment method. The invoice corresponding to the order is sent by Whitty Paris. The invoice related to the order is sent to the buyer electronically. When the invoice is sent electronically, the buyer agrees to receive it at the email address provided when placing the order.
7. Shipping :
Orders may be shipped either by Whitty Paris or directly by the designers or artists, depending on the items ordered, each being responsible for the preparation, packaging and dispatch of their own items. Shipping times may vary depending on the designer or artist, item availability and the place of shipment ; this information is provided on each product page for reference. When an order includes items from different designers or artists, multiple separate shipments may occur. Whitty Paris cannot be held responsible for delays caused by the carrier, customs procedures, or any external event affecting delivery. The tracking number, when available, is sent to the buyer as soon as the item is shipped. The shipping costs are the responsibility of the buyer, apply to each order, and are displayed at checkout. They may vary depending on the designers and artists, the weight of the package, the destination and the chosen delivery method.
8. Order Tracking :
You can track the progress of your order at any time from your personal account. To do so, log in to your account and go to "My account", click "Order tracking", then click "Details" and follow the link to track delivery of your order.
9. Delivery :
Items are shipped to the address provided by the buyer when placing the order. Whitty Paris cannot be held responsible for delivery errors resulting from incorrect information provided by the buyer. Delivery costs are specified before order confirmation. Delivery times are indicative and stated on each product page. No delay in delivery shall give rise to any compensation. Upon receipt of the order, the buyer must check the delivery for conformity and report any damage, error or defect within 3 days. The buyer must provide photos of the defective item and its packaging and send them directly to customercare@whitty.paris. Any damage or loss noted during delivery must also be reported to the carrier at the time of handover and notified to Whitty Paris, along with the declaration made to the carrier. If the irregularity is confirmed, the item may be replaced or refunded. A conformity check will be carried out. In the event of a refund, the amount covering the price of the item as well as the round-trip delivery costs will be borne by Whitty Paris, the designer or the relevant artist. The refund may be processed a few days after the return has been received and validated by Whitty Paris, the designer or the relevant artist. All deliveries of orders made are covered by insurance during the transport, until the package is handed over to the client. Some taxes and customs duties may be required in accordance with applicable regulations.
10. Return :
Returned items must be new, unworn, in their original packaging, and show no damage, odor or alteration. A conformity check will be carried out. Refunds are issued via the original payment method, and may take a few days after receipt and validation of the return. One-way delivery costs will be refunded if all items are returned, except when a specific delivery option was chosen. In case of a partial return, one-way delivery costs are not refunded. Some items cannot be returned, including those sold on pre-order, they are neither exchangeable nor refundable. It is specified that no prepaid return label is provided by Whitty Paris or by the designers or artists. The one-way delivery costs are fully refunded, subject to the delivery having been paid, and this within a maximum period of 14 days following the notification of withdrawal. However, return delivery costs remain entirely the responsibility of the buyer and are not refundable.
11. Withdrawal :
The buyer has 14 calendar days from receipt to exercise their right of withdrawal. To do so, the buyer must notify customercare@whitty.paris and return the item in its original packaging to Whitty Paris, the corresponding designer or the artist, within a maximum of 30 days. In this case, the refund, including the item price and one-way delivery costs will be borne by the designer or artist, this may take a few days after the receipt and validation of the return. Return delivery costs are borne by the buyer.
Withdrawal form model
12. Exchange :
Exchanges are possible subject to the availability of items, with the exception of some items that are not eligible, in particular items offered as pre-orders. In the event of a request to exchange an eligible item, the buyer must return the item to Whitty Paris, the corresponding designer or the artist. The return delivery costs for sending back the original item are the responsibility of the buyer, in accordance with applicable law. Whitty Paris, the designer or the corresponding artist will cover the shipping costs for sending the new item requested in exchange. The delivery costs for the second shipment (sending the exchanged item) are always the responsibility of Whitty Paris, the designer or the corresponding artist and may under no circumstances be charged to the buyer.
13. Refund :
In accordance with the provisions of French consumer law, the client shall be refunded in the event of cancellation of the sale or non-delivery of the order. The refund shall be made using the same payment method as that used at the time the order was validated, within the applicable statutory time limits. Any clause excluding the right to a refund shall be deemed unwritten. In the event of the return of an order whose contents do not correspond to the return request made by the client or do not comply with the return conditions set out in these general conditions of sale, Whitty Paris, the designer or artist reserves the right to refuse the refund and to take any appropriate recovery action.
14. Force Majeure :
Whitty Paris’ performance of its obligations, as well as the performance of obligations by designers and artists, particularly shipment, may be suspended in cases of force majeure or unforeseen events preventing or delaying performance. Force majeure events include pandemics, epidemics, natural disasters, floods, fires, strikes, technical failures, transport or communication issues, or any other independent force majeure event. The client may cancel any order affected by an event beyond the reasonable control of Whitty Paris, the designer or the artist, if this event lasts more than 30 days, and receive the full refund for any undelivered items.
15. Ownership of Items :
Ownership of the items remains with Whitty Paris, the designers, or the artists until full payment of the order. Any risk of parcel loss or damage to the items during transport must be reported by the buyer to Whitty Paris, the designer or the artist.
16. Warranties :
All items benefit from the legal warranty of conformity and the warranty against hidden defects. The buyer may return any defective or non-conforming item free of charge by contacting customercare@whitty.paris.
17. Personal Data :
All data you transmit to Whitty Paris will be processed with the utmost confidentiality to ensure security and respect for the rights of users and each buyer.
18. Intellectual Property :
The buyer acknowledges that the items proposed for sale by Whitty Paris on the website are intended for strictly personal use and expressly agrees not to download, reproduce or use them for commercial purposes. All content on the website (texts, images, trademarks, illustrations, designs, ...) is protected by copyright and intellectual property law and remains the exclusive property of Whitty Paris or the relevant rights holders. Any total or partial reproduction is strictly prohibited.
19. Website Modification :
Whitty Paris reserves the right to modify, suspend or discontinue all or part of the website for technical or maintenance reasons. No liability may be incurred in this regard, without prejudice to the rights of the consumer and existing orders.
20. Liability :
Whitty Paris shall in no event be held liable to the buyer for any incident, direct or indirect, resulting in bodily injury, property damage or any other harm, of any kind, including death or bodily injury caused by its negligence or any misrepresentation. Whitty Paris disclaims all liability and any claims from the buyer regarding any content or item that may cause damage, acting solely as an intermediary. This limitation of liability applies to the fullest extent permitted by applicable law.
21. Applicable Law :
These GCU and GCS are governed by French law. In case of dispute, French courts shall have exclusive jurisdiction, including for any procedure.