1.1. These general conditions of sale (the “General Conditions”) are applicable to orders for products made over the internet with Vestiaire Personnel (“Vestiaire Personnel”). By placing an order with Vestiaire Personnel, the consumer (the “Buyer”) accepts the application of these general conditions.
1.2. No general conditions contrary to or derogating from these General Conditions are applicable between Vestiaire Personnel and the Purchaser.
1.3. The general conditions of sale also apply to all products delivered directly by our partners whose products we sell.
2.1. Vestiaire Personnel only accepts orders from Buyers domiciled in Switzerland or France.
2.2. By placing an order with Vestiaire Personnel, the Purchaser declares to enjoy the exercise of civil rights. Minors or persons under guardianship (guardianship) must, prior to any purchase, provide written authorization from their legal representative or curator (guardian) before being able to place an order.
3. Conclusion of the contract
3.1. In the event of an internet order, the Contract is concluded when the order is confirmed by Vestiaire Personnel. This confirmation is sent to the Buyer after validation of his order by pressing the “confirm” button.
3.2. Vestiaire Personnel assumes no responsibility for the fact that goods ordered can no longer be delivered due to lack of available stocks, additional supply or production.
3.3. Vestiaire Personnel remains free to withdraw or modify the offer of the products offered, at its sole discretion and at any time.
3.4. Within 24 (twenty-four) hours following the conclusion of a Contract with Vestiaire Personnel, the Purchaser may request Vestiaire Personnel to modify or cancel the Contract. Cloakroom Personnel remains free to accept or refuse the Buyer’s request for modification or cancellation.
3.5. The Purchaser may not, under any circumstances, modify or cancel a Contract with Vestiaire Personnel when he has ordered items which have been manufactured and / or personalized at his request or when the items ordered are already being delivered.
4.1. The selling prices of the products are indicated in Euros (€). They include VAT and any reductions applicable on the day of the order.
4.2. Selling prices do not include delivery costs. The amount of delivery costs is added to the sale price. For orders made online, the delivery costs are indicated in the order summary (“basket”).
4.3. Once the order has been confirmed, its price cannot be changed.
4.4. Subject to the foregoing, Vestiaire Personnel is authorized to modify, at its sole discretion and at any time, the price of the goods offered.
5. Shipping costs
5.1. Delivery is free for orders over 90.- € (ninety Euros), all taxes included.
5.2. For orders where the purchase amount is less than 90.- € (ninety Euros), all taxes included, a contribution to the shipping costs of 6.- € (six Euros) will be invoiced in addition to the selling price.
6. Delivery time
6.1. The delivery times indicated in these General Conditions are indicative. This is by no means a commitment. The Buyer is required to accept any delivery of products, even if the delivery is received after the deadline indicated.
6.2. An indicative delivery time appears, for each item, in the “product sheet”. For internet orders, the delivery time for an entire order is indicated in the order summary (“basket”).
6.3. Failure to comply with a delivery deadline does not give the Buyer any right against Vestiaire Personnel.
7.1. Deliveries are made by the dispatch service mandated by Vestiaire Personnel. Deliveries are made in Switzerland and France.
7.2. If the Buyer does not take possession of the goods sent by the shipping service mandated by Vestiaire Personnel within 14 days, the goods will be returned and Vestiaire Personnel may de jure consider the order as canceled and recover the goods. If a sale price has been paid, this will be returned to the Purchaser after deduction of the costs associated with the return of the goods. If no price has been paid, the Buyer will be invoiced for the cost of returning the goods.
When the goods are delivered by the shipping service mandated by Vestiaire Personnel, the Purchaser chooses the delivery terms when placing the order. The possibilities are delivery to a specified address or to a relay point.
8. Transfer of risk
8.1. The transfer of risk – which includes the risk of loss as well as degradation of the goods – passes to the Purchaser upon receipt of the goods.
8.2. If the Buyer does not take possession of the goods, the transfer of risk passes to the Buyer when the goods are returned to Vestiaire Personnel.
8.3. If the Purchaser returns merchandise to Vestiaire Personnel, the Purchaser bears the risk until receipt of the merchandise by Vestiaire Personnel.
9. Terms of return or exchange
9.1. Items delivered by Vestiaire Personnel can be returned or exchanged within 14 days of receipt of delivery using the attached return label which can be obtained on request according to the terms indicated on the invoice.
9.2. The exchange (subject to availability) or reimbursement will be made within fourteen (14) days of receipt, by Vestiaire Personnel, of the Products returned by the Purchaser under the conditions provided for in this article. Vestiaire Personnel will reimburse the Buyer with the same means of payment as that used for the initial transaction, unless Vestiaire Personnel and the Buyer expressly agree on a different means; in any event, this reimbursement will not incur costs for the Purchaser.
9.3. The product cannot be returned or exchanged without the express agreement of Vestiaire Personnel. For any product return, the Buyer is invited to write to the following e-mail address: firstname.lastname@example.org. The product must be returned within 14 days from the customer’s email, in its original packaging, without modification or alteration and complete. Damaged, soiled or incomplete Products are not taken back. If returned or exchanged items do not meet the aforementioned conditions, Vestiaire Personnel is entitled to return the goods to the Purchaser and invoice them. The delivery costs may, in this case, be charged to the Purchaser.
9.4. Personalized or bespoke items can only be returned or exchanged for reasons of size mismatch. The Buyer is invited to ensure that the color of the items suits him before placing an order by requesting fabric samples which will be refunded on his next order, no exchange or return will be accepted if the color is not suitable.
9.5. In the event of return of merchandise, the package must be deposited at the post office after having been franked using the label which is sent on request.
9.6. In the event of partial deliveries, the period begins to run upon receipt of each package.
9.7. Items delivered by the shipping service mandated by Vestiaire Personnel can be returned or exchanged using the same service. The Purchaser who returns merchandise by shipping service must first contact Vestiaire Personnel customer service in order to organize the return of the merchandise.
10.1. Payment for merchandise can be made by credit card (VISA, MasterCard, Discover, JCB, American Express), Apple Pay or gift cards.
10.2. By placing an order with Vestiaire Personnel, the Purchaser expressly authorizes Vestiaire Personnel to check its solvency with third-party organizations.
10.3. Vestiaire Personnel may unilaterally impose a method of payment on the Purchaser or refuse to enter into a Contract with him.
10.4. Regardless of the method of payment used, the Buyer understands and accepts that his payment may pass through a financial intermediary subject to legal obligations in terms of money laundering.
10.5. Payment by credit card. Cloakroom Personnel accepts payment by VISA, MasterCard, Discover, JCB, American Express credit cards. Vestiaire Personnel is in no way responsible for charges linked to a debit.
10.6. Request for deposit. Any order may be the subject of a partial or total deposit request. In this case, an order will be processed upon receipt of the requested deposit. In the event of return of goods, the deposit paid by the Purchaser will be refunded on request and after communication of his bank details.
10.7. Payment by gift cards. Vestiaire Personnel accepts payment by gift cards activated in the “Gift Card Area”. Gift cards cannot benefit from any other promotional offer. The amount of the gift card is deducted after the validation of an order and will only be visible in the Buyer’s next account statement.
11. Retention of title
Subject to contrary provisions provided for by applicable legislation, ownership of the delivered products will not pass to the Purchaser before full payment for the products.
12. Product verification
12.1. The Purchaser must inspect the products within 2 (two) days of receipt and must immediately notify Vestiaire Personnel of any defect or damage caused to the products. In the absence of notice from the Purchaser within the aforementioned period, the products are deemed to have been received in good condition, without defects or damage, and accepted as is, with the exception of hidden defects.
12.2. In the event of a finding of an invisible defect, the Purchaser must, immediately upon discovery, notify Vestiaire Personnel of this defect. The Buyer will forfeit his rights in the event of late notice.
13.1. Subject to the responsibilities provided for in provisions 12.1 and 12.2, all products sold by Vestiaire Personnel are guaranteed for 2 years. The warranty takes effect on the date of delivery of the item and is justified by the invoice that accompanies the product.
13.2. For the sake of clarity, the granted warranty does not cover defects resulting from an accident, improper handling, improper use or unauthorized modification or repair as well as defects which are the consequence of ” normal wear and tear of the Products over time.
13.3. To assert a warranty, the Purchaser must send to Vestiaire Personnel, at his own expense, the goods under warranty which are the subject of a defect.
13.4. If Vestiaire Personnel finds a warranty case, it may, at its sole discretion, replace the defective product and / or parts with another product deemed equivalent, respectively with spare parts or repair. If there is no equivalent product or spare parts or if it is not possible to repair the product, Vestiaire Personnel may, depending on its assessment of the extent of the defect observed, indemnify the Purchaser at the least -value of the article caused by the defect or refund the purchase price in full.
13.5. Vestiaire Personnel undertakes to make its best efforts to process the warranty request within a reasonable time.
13.6. Under no circumstances can Vestiaire Personnel be held responsible towards the buyer or third parties for any damage, including indirect or consequential, including in particular the loss of loss of profit, economy, production, contract , goodwill or business opportunities arising from a defect in a product. As such, the buyer waives any claim for damages in connection with a defective product. The only claims against Vestiaire Personnel are those appearing in this article in connection with the contract as regulated by these General Conditions and / or any product sold.
14. Protection of personal data
14.1. During orders, the personal data of a Purchaser are collected and are subject to computer processing.
14.2. Vestiaire Personnel ensures that the data of its customers are processed in accordance with the legislation in force. The data recorded by Vestiaire Personnel is used in particular for the recording and processing of orders, the administration of customers’ personal accounts, the performance of marketing studies and the compilation of statistics. The purpose of data processing is improvement, quality control of services as well as market research.
14.3. The Buyer authorizes and gives its consent to Vestiaire Personnel so that it can in particular:
– obtain or forward its recorded data to third parties insofar as this is essential for the performance of a certain service (eg: administration and management of personal accounts, monitoring of payments, payment for goods to a supplier , use of a financial intermediary, etc.);
– use and transmit to business partners its data for marketing purposes or in order to receive targeted offers by e-mail, sms, telephone and / or post;
– communicate to a third party all the data necessary for the recovery of debt (s).
14.4. The Buyer may, because of the processing of his data by Vestiaire Personnel, receive commercial proposals from other companies or organizations.
14.5. The Buyer may, at any time, limit or prohibit the use or communication of his data for marketing and advertising purposes.
15. Abuse of promotional codes
15.1. Vestiaire Personnel can send promotional codes to Buyers so that they can benefit from specific offers. These promotional codes are personal and non-transferable. They must in no case be communicated to third parties or on promotion sharing platforms.
15.2. The Buyer who receives a promotional code is only allowed to use it once according to the conditions of the offer. The Buyer is prohibited from using promotional codes other than those addressed to him.
15.3. Any abuse of promotional codes (for example by increasing the number of purchases with different accounts, entering promotional codes intended for third parties, increasing the number of purchases within a short period of time, etc.) entails the right of Vestiaire Personnel to i) terminate the contract, ii) claim the return of the goods ordered in violation of this provision as well as iii) to claim damages from the Buyer who commits the abuse. The proven abuse of promotional codes also authorizes Vestiaire Personnel to charge the Buyer an amount of CHF 100 .– as administrative and management costs.
16. Ethics charter
16.1. Vestiaire Personnel undertakes to respect a moral code in order to guarantee the Buyer a serious purchase from a trusted partner.
17. Modification of the General Conditions
17.1. Vestiaire Personnel reserves the right to unilaterally modify its General Conditions at any time. Nevertheless, the Contract will be governed by the General Conditions in force at the time of its conclusion.
18. Applicable law and competent courts
18.1. The Contract as regulated by these General Conditions, the General Conditions and all subsequent orders are governed by Swiss law.
18.2. Subject to the other mandatory jurisdictions provided for in contracts concluded with consumers, all disputes, disputes or claims arising from the Contract and these General Conditions or relating to them, will be settled by the competent courts in Zürich.
Fashion Atelier Gmbh
Registration number: CHE-451.954.461
Field of Application: Sale of Fashion Goods
Fashion Atelier GmbH
IBAN: CH03 0027 6276 1054 0501E
BIC / SWIFT: UBSWCHZH80A