BUYERS TERMS AND CONDITIONS
Last updated: 04 April 2023
ICOUTURIERS SAS, a simplified joint-stock company with capital of 7,000.00 Euros, whose registered office is located at 66, Avenue des Champs-Élysées, OCP Business Center 4, 75008 Paris, registered with the Paris Trade and Companies Register under number 905 064 150, and whose intra-community VAT number is FR 84 905 064 150.
Website: www.icouturiers.com.
Customer support contact: support@icouturiers.com.
Director of Publication: Evgenia Carlier as President of icouturiers SAS.
Host: Microsoft Azure, One Microsoft Way, Redmond, WA 98052-6399, USA; tel. 1-425-882-8080.
This is to remind that under no circumstances can ICOUTURIERS be considered as the Seller of the Services purchased through the Marketplace, and that only the Seller, who is registered on the Marketplace, is the Buyer's co-contractor for the sale of the Services.
These Terms is a legally binding agreement governing Buyers’ access and use of the Marketplace. These Terms apply to the Marketplace only; they do not apply to any third-party software, websites, and services integrated with the Marketplace.
The Buyer must agree to all provisions of these Terms to be eligible to access and use the Marketplace. If the Buyer does not agree with one or more provisions of these Terms, the Buyer is not allowed to use the Marketplace.
Content
1. General information
2. The Buyer Account
3. Fees, payments, and delivery
4. Cancellation and refunds
5. Service Contracts
6. The Services
7. Intellectual Property
8. Acceptable use policy
9. Non-circumvention
10. Availability
11. Disclaimer of warranties
12. Limitation of liability
13. Indemnification
14. Severability
15. Governing law and disputes
16. Miscellaneous
17. Contact
DEFINITIONS
The below-mentioned terms used in these Terms shall have the following meanings:
– ‘Company,’ ‘we,’ ‘us’ and ‘our’ means the company icouturiers SAS having a registered place of business at 66 Avenue des Champs-Élysées, 75008, Paris, France, the company registration number is 905 064 150, and the VAT number FR 84905064150;
– ‘Marketplace’ means the online e-commerce marketplace available at https://www.icouturiers.com, the related software and services, except for third-party products and services;
– ‘Terms’ means these icouturiers Buyers Terms and Conditions, including all documents implemented by reference thereto;
– ‘Buyers’ means individuals or entities registered on the Marketplacein order to order the Services and the Consultations through the Marketplace;
– ‘Buyer Account’ means an account registered by the Buyers on the Marketplace allowing Buyers’ access to the full functionality of the Marketplace;
– ‘Sellers’ means individuals or entities registered on the Marketplacein order to offer the Services and the Consultations through the Marketplace;
– ‘Contractors’ means, collectively, the Buyers and the Sellers entering into the Service Contracts through the Marketplace;
– ‘Users’ means the Buyers, the Sellers and individuals or other entities not registered on the Marketplace, but accessing and browsing on the Marketplace;
– ‘Garments’ means the clothing items, footwear and accessories made available by the Sellers through the Marketplace;
– ‘Designs’ means the fashion designs made available by the Sellers through the Marketplace;
– ‘Stylings’ means the fashion stylings made available by the Sellers through the Marketplace;
– ‘Home Textiles’ means home textile articles made available by the Sellers through the Marketplace;
– ‘Supplies’ means fabrics, leather hides, sewing and leather tools, and other sewing or design supplies made available by the Sellers through the Marketplace;
– ‘Alterations’ means modifying the Garments, the Home Textiles, the Designs and the Stylings that the Buyer owns or that have been delivered to the Buyer by the Seller as a result of concluding the Service Contract;
– ‘Remakes’ means making new Garments, Home Textiles, Designs or Stylings instead of the Garments, the Home Textiles, the Designs or the Stylings that have been delivered by the Seller to the Buyer;
– ‘Consultations’ means advice provided by the Sellers to the Buyers via the Internet as means of communication related to the Services know-how;
– ‘Services’ means the services provided by the Sellers through the Marketplace, including, without limitation, the Styling and Design services related to the Garments and the Home Textiles, custom-made tailoring of the Garments and the Home Textiles, crocheting, knitting and macrame of the Garments and the Home Textiles, the Alterations and provision of the Supplies;
– ‘Service Contract’ means a service contract for the Services and the Consultations concluded by and between the Buyers and the Sellers through the Marketplace;
– ‘Fees’ means service charges payable by the Buyers to the Sellers through the Marketplace for each Service Contract;
– ‘Transaction Fee’ means the fees payable by the Sellers to the Company representing a percentage of the Fees payable by the Buyer for each Service Contract concluded through the Marketplace;
– ‘Buyer Content’ means any content uploaded or submitted by the Buyers through the Marketplace;
– ‘Company Content’ means any content available on the Marketplace owned by the Company, its partners, agents, licensors, vendors, and/or other content providers;
– ‘Confidential Information’ means any information made available by and between the Buyers and the Sellers on the Marketplace; and
– ‘Payment Processor’ means third-party payment processor Stripe Inc. responsible for processing payments through the Marketplace and any other third-party payment processors that may be made available by the Company from time to time.
In these Terms, words in the singular form include the plural meaning and words in the plural form include the singular meaning.
1. GENERAL INFORMATION
1.1 These Terms constitute a legally binding agreement between the Company and the Buyer with regard to Buyer’s access and use of the Marketplace. These Terms apply to any User of the marketplace whether Seller, Buyer or not.
1.2 About the Marketplace. The Marketplace is an online marketplace that allows the Buyers to book the Services and the Consultations provided by the Sellers and conclude the Service Contracts with the Sellers. The Marketplace serves as a reference point that facilitates the communication between the Sellers and the Buyers. The Company does not provide the Services and the Consultations. The Company reserves the right to limit the use of the Marketplace in certain countries and territories.
1.3 License to use the Marketplace. The Company grants the Buyers a personal, revocable, non-exclusive, non-transferable and limited license to use the Marketplace, order and buy the Services and the Consultations, pursuant to these Terms.
1.4 Minors. The Marketplace is not marketed and should not be used by persons under the age of 18. The Buyers holding parental responsibility for a child (e.g., parents or legal guardians) can order the Services and the Consultations for their minor children. However, we do not permit children under the age of 18 to make such orders themselves. The Sellers are not allowed to provide the Services and the Consultations through the Marketplace if the Sellers, Sellers’ contractors, or any persons acting on behalf of the Sellers are minors in their jurisdiction.
1.5 Disclaimer. Although the Company regularly monitors the information available on the Marketplace, the Company cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on the Marketplace, neither provided by the Company nor by the Buyers and the Sellers.
1.6 Third-party links and advertising. The Marketplace may contain links to websites, applications, and other online sources owned and operated by third parties. The Marketplace may also feature information and advertisements provided by the Buyers, the Sellers, and third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of third-party websites. The Buyers should exercise due diligence before clicking on any of such third-party links or advertisements.
1.7 Support. Buyers’ requests for customer support should be addressed to us by email at support@icouturiers.com.
1.8 Privacy and other relevant terms. The below-listed documents also govern the Buyer’s use of the Marketplace; they should be read and interpreted together with these Terms:
1.8.1 Our Privacy Policy available at https://www.icouturiers.com/policy/privacy-policy, which describes in detail how we handle Buyer’s personal data collected and processed through the Marketplace;
1.8.2 General Terms and Conditions available at https://www.icouturiers.com/policy/terms-of-service;
1.8.3 Sellers Terms and Conditions available at https://www.icouturiers.com/policy/about-us that govern Sellers’ use of the Marketplace;
1.8.4 Specific terms and conditions agreed upon by the Contractors under the Service Contracts (e.g., specifics of the Garments or Home Textiles, delivery times, and fees); and
1.8.5 Other individual terms and conditions made available by us through the Marketplacefrom time to time.
2. THE BUYER ACCOUNT
2.1 Registration of the Buyer Account. In order to use the full functionality of the Marketplace and order the Services and the Consultations, the Buyer is required to register the Buyer Account.
2.2 Personal data. Before creating the Buyer Account, the Buyer is requested to read and accept these Terms and review our Privacy Policy. The personal data related to the Buyer Account will be processed in accordance with our Privacy Policy. The Buyer Account is not transferable and the Buyer is solely responsible for any activities occurring through the Buyer Account. Please note that we collect only minimal amount of personal and non-personal data that is required to ensure Buyer’s proper use of the Marketplace.
2.3 The Buyer warranties. By registering the Buyer Account on the Marketplace, the Buyer acknowledges, agrees, and warrants that:
2.3.1 The Buyer will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with the Buyer’s use of the Marketplace;
2.3.2 The Buyer will provide only true, accurate, complete, and up-to-date personal data and other information;
2.3.3 The Buyer will update the Buyer Account as soon as any changes to the Buyer’s personal data or other information occur;
2.3.4 The Buyer can conclude legally binding contracts with us;
2.3.5 The Buyer is authorised by relevant parties to create the Buyer Account; and
2.3.6 The Buyer is a human and not a machine (machine-generated Buyers Accounts are not allowed).
2.4 Security of the Buyer Account. The Buyer is solely responsible for maintaining the confidentiality of the Buyer Account, including keeping secure Buyer’s login details and passwords. By using the Marketplace, the Buyer agrees to immediately notify us about allegedly unauthorised use of the Buyer Account or any other security breach related to the Buyer Account. The Buyer is also responsible for using secure Internet connection and protected networks while using the Marketplace. We cannot and will not be liable for any loss or damage resulting from the Buyer’s failure to comply with these security obligations.
2.5 Deletion of the Buyer Account. At any time, the Buyer may delete the Buyer Account through the dashboard of the Buyer Account or by sending a request directly to us. Upon deletion of the Buyer Account, these Terms shall terminate.
2.6 Suspension and termination of the Buyer Account. We reserve the right to suspend or terminate any Buyer Account if, at our sole discretion, we have grounds to believe that the Buyer’s use of the Marketplace seriously and repeatedly breaches these Terms. We may also suspend or terminate any Buyer Account upon a lawful request of a public authority.
2.7 Confidential information. Any information made available by and between the Buyers and the Sellers is of confidential nature. The Buyer must at all times (i) keep confidential and not disclose to any person any of the Confidential Information and (ii) only use such Confidential Information for the purposes of performing obligations under these Terms and the Service Contracts. The Confidential Information may be disclosed only to persons that need to know such information for the purposes of acting for the Buyer’s legitimate interests.
2.8 Authorization. If the Buyer uses the Marketplace on behalf of an entity, the Buyer is responsible for obtaining all necessary authorizations, certificates, undergoing verifications, and acquiring professional liability insurance policies enabling the Buyer to use the Marketplace. By creating the Buyer Account and providing the details of an entity that the Buyer works for, cooperates with or is affiliated with, the Buyer confirms that the Buyer is an authorized employee, contractor, or affiliate of that entity and the Buyer has the necessary rights and authorization to act on behalf of that entity. We are not responsible in any manner and bear no liability for the Buyer’s activities carried out through the Marketplace without such authorization.
3. FEES, PAYMENTS AND DELIVERY
3.1 The Fees. When the Buyer makes an order for the Services and the Consultations through the Marketplace, the Buyer will pay the Fees indicated by the chosen Seller in accordance with Seller’s individual pricing policy. Once the Buyer makes a payment for the Fees, the Fees shall be (i) pre-authorised and deducted from the Buyer’s payment method, (ii) the Transaction Fee withheld by the Company, (iii) the Payouts placed on hold with the relevant Payment Processor, and (iv) released to the Seller by the Buyer or the Company upon successful completion of the respective Service Contract. The Service Contract is deemed complete when all of the following conditions are satisfied: (i) the Services or the Consultations are successfully completed; and (ii) the Services or the Consultations are delivered to the Buyer; and (iii) the Buyer confirms that the Services or the Consultations are in line with the agreed conditions of the respective Service Contract. The Fees paid by the Buyer through the Marketplace include Value Added Tax, the Payouts and the Transaction Fee, and constitute the entire amount payable for the ordered Services or Consultations and the Sellers must not charge the Buyer any additional Fees for the said Services and Consultations, unless the Buyer agreed otherwise.
3.2 The Discounts. The Sellers are entitled, but have no obligation, to provide discounts for the Fees. The discounts will be clearly indicated on the Marketplace, at the respective Seller’s profile.
3.3 Taxes. The Fees include all applicable taxes (e.g., VAT and sales taxes), levies, or duties imposed by taxing authorities. The Buyers are responsible for paying all their applicable taxes, levies, and duties under the Service Contracts.
3.4 Technical steps to conclude the Service Contract with the Seller. If the Buyer would like to conclude the Service Contract with the Seller, the Buyer needs to: (i) register the Buyer Account; (ii) choose the Seller that the Buyer would like to book; (iii) either click ‘Contact Seller’ to ask questions or click ‘Request To Book’ to start a negotiation about the specific Services or Consultations, or click ‘Buy Now’ to buy the specific Service or Consultation, whichever relevant, and continue to steps v, vi, vii, viii; (iv) if the Seller decides to make an offer to the Buyer, the Buyer can click ‘Buy Now’ to accept the Seller’s offer or ‘Decline’ to decline the Seller’s offer (whichever relevant); (v) if the offer is accepted, the Buyer must provide delivery details (e.g., the delivery address and the recipient) and click ‘Next’; (vi) review order summary and click ‘Next’; (vii) choose payment method and fill-in the required payment details; (viii) click ‘Pay Now’ and wait until the confirmation of the successful payment is displayed on the screen. The Buyer will be able to identify and correct any input errors and click button ‘Previous’ to return to the previous page, prior to clicking on the ‘Pay Now’ button. After the Buyer clicks the ‘Pay Now’ button and completes the payment, we will (i) pre-authorise the Fees through the payment method chosen by the Buyer, (ii) send the Buyer a confirmatory email informing the Buyer about the Buyer’s order and (iii) inform the Seller about the Buyer’s order. All further communication between the Buyer and the Seller should be carried through the Marketplace, including providing the information relevant to the Service Contract. The Sellers have their own processing times, delivery methods, and policies. The Buyer should ask the Seller about them or, if available, read them carefully before placing the order. By clicking the button ‘Pay Now,’ the Buyer concludes a Service Contract in English with the Seller on the basis of these Terms and subject to the terms and conditions of the respective Service Contract (please refer to Section 5 for more information). The conclusion of the Service Contract is confirmed by a confirmatory email sent by us to the Buyer. The details of the specific Service Contract will not be filed by us and, therefore, the specific contract will not be provided to the Buyer by us. However, if the Buyer requires any information regarding the Buyer’s order, the Buyer can contact the Seller.
3.5 Right of withdrawal. We respect consumer’s rights and comply with the applicable consumer protection laws. If the Buyer uses the Marketplace as a consumer (i.e., the Buyer acts wholly or mainly outside the scope of the Buyer’s trade, business, or profession), in some limited cases, the Buyer has the right to withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of our services was completed. Please contact us for more information. In most cases, the Buyer will not be able to exercise the Buyer’s right of withdrawal because most of the Services and the Consultations that the Buyer orders through the Marketplace are custom-made and, therefore, clearly customised. If the Buyer acts as a business, trader, or uses the Marketplace for professional purposes, the Buyer is not entitled to exercise the Buyer’s right of withdrawal.
3.6 Payment processing. Payments are made by credit cards: CB, Visa, Mastercard. Should the Buyer’s payment method be rejected, payment delayed or cancelled for any reason whatsoever, the Buyer’s order shall not be reserved and will automatically expire. All payments related to the Marketplace, including the Fees, are processed by the Payment Processor. The Payment Processor is solely responsible for handling Buyers’ payments. The Buyer agrees not to hold us liable for payments that do not reach us or the Sellers because the Buyer has quoted incorrect payment information or the Payment Processor refused the payment for any other reason. Please note that the Payment Processor may collect from the Buyer some personal data, which will allow it to make the payments requested by the Buyer (e.g., the Buyer’s name, Stripe credentials, credit card details, payment account information, or any other required personal data). The Payment Processor handles all the steps of the payment process on its websites, including data collection and data processing, except for the Payouts released manually by either the Buyer or the Company. For the payment service agreements and policies applicable to the Buyer’s payments, please refer to the website of the Payment Processor. The list of our Payment Processors may be modified by us at any time without notice.
3.7 Invoices. The invoices for the Fees paid by the Buyer and any payments charged by us are generated automatically and can be reviewed through the Buyer Account. Please make sure that all information in respect to the Buyer Account is accurate and up-to-date so that the invoices could be generated correctly. We accept no responsibility if the invoices are erroneous due to the Buyer’s failure to comply with these Terms.
3.8 Transaction limits. To ensure the security of the Marketplace, we may impose transaction limits with regard to the value or number of transactions within a certain period of time. We will not be liable to the Buyer if we do not approve a transaction that would exceed the limit established by us.
3.9 Delivery. The Sellers arrange for the Garments, the Home Textiles, the Supplies, some Designs and some Stylings to be delivered to the delivery address that the Buyer specifies during the checkout process and advise the Buyer about associated shipping costs (except for Alterations, as specified in section 6.4). The delivery is carried out by third-party shipping providers to the countries indicated by the Buyer. Any applicable shipping charges will be calculated and advised to the Buyer by the Seller prior to shipping. After the Garments, the Home Textiles, the Supplies, the Designs and the Stylings have been dispatched, within 24 hours the Buyer will receive a shipment confirmation message via the Marketplace from the Seller with a tracking number and an estimated delivery time. Please note that the delivery times are estimates only and may depend on the operations of third-party delivery service providers. If the Buyer has not received the ordered Garments, the Home Textiles, the Supplies, the Designs and the Stylings during the specified delivery times, the Buyer needs to contact the Seller or the shipping provider that was used to ship the order. Some Designs, Stylings and Consultations can be delivered remotely, via the Internet as a means of communication; in this case, the Sellers and the Buyers should agree the best mutually suitable channel for the delivery of the Services.
3.10 Our responsibility. We are not responsible for any customs fees and taxes applied to the Buyer’s orders containing the Garments, the Home Textiles, the Supplies, the Designs and the Stylings. All fees imposed during or after shipping (tariffs, taxes, etc.) must be paid by the Buyer. We will not reimburse such fees. We are not liable for any Garments, Home Textiles, Supplies, Designs and Stylings that were damaged during shipment. If the Buyer receives damaged Garments, Home Textiles, Supplies, Designs and Stylings, the respective Seller has to be contacted within 10 calendar days following the receipt of the damaged Garments, Home Textiles, Supplies, Designs and Stylings. If the damage was caused by a delivery partner, the Buyer may need to file a claim with it. In the event the Consultations were not delivered at the agreed time and date, the Buyer has to contact the Seller.
3.11 Delivery failure. If (i) the delivery provider is unable to deliver the Buyer the Garments, the Home Textiles, the Supplies, the Designs and the Stylings, (ii) such a failure occurs due to the Buyer’s fault, (iii) the Buyer does not collect the Garments, the Home Textiles, the Supplies, the Designs and the Stylings from the delivery provider, or (iv) the Buyer does not attend the Consultations at the agreed time and date (whichever relevant), the actual costs of re-delivery may be charged to the Buyer. Below are examples of situations where a failure to deliver is considered to be the Buyer’s fault:
3.11.1 The Buyer provided the wrong address for delivery;
3.11.2 There is a mistake in the address for delivery that was provided by the Buyer;
3.11.3 The address for delivery is not reasonably or safely accessible;
3.11.4 If in-person receipt is not required, there is no easy and secure means of leaving the Garments, the Home Textiles, the Supplies, the Designs and the Stylings at the address for delivery and there is no person available to accept the delivery;
3.11.5 If in-person receipt is required, there is no person available to provide a signature; or
3.11.6 The Buyer has not attended the Consultation at the agreed time, date and means of communication, and no reasonable extenuating circumstances were provided.
4. CANCELLATIONS AND REFUNDS
4.1 To ensure that the Buyer is satisfied with the Buyer’s use of the Marketplace, the Buyer is provided with a possibility to cancel the Buyer’s orders and request a refund, subject to the terms of sections 4 and 5.
4.2 If the Buyer would like to cancel the Buyer’s order, the Buyer has to contact the respective Seller and request a cancellation. Refunds are provided if the Buyer submits a cancellation request for the Buyer’s order and the cancellation request is approved by the Seller. In such a case, a refund is issued equal to the pre-authorised Fees, except for the Transaction Fee, for the respective order within commercially reasonable time, but no later than 14 days, provided that the Payment Processor processes the Buyer’s refund in a timely manner; we are not responsible for delays caused by the Payment Processor.
4.3 Please note that the Transaction Fee is not refundable and the Transaction Fee will be deducted from the refunded Fees, if the approval was granted to the Buyer’s order.
4.4 To ensure the security of payment transactions, the Fees are refunded by using the Payment Processor used by the Buyer initially.
4.5 If the Buyer’s order is cancelled by the Seller, the refund of the Fees is arranged without undue delay but no later than 14 days after the date of cancellation, provided that the Payment Processor processes the Buyer's refund in a timely manner; we are not responsible for delays caused by the Payment Processor.
4.6 If the Seller does not approve Buyer’s request fro a refund, no refunds for the Fees paid shall be issued to the Buyer.
4.7 Neither the Company nor the Sellers shall be liable to the Buyer for the orders that are cancelled due to the circumstances outside Company’s or Sellers’ reasonable control, such as the force majeure events, including, but not limited to: acts of God; strikes; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; pandemics; and water floods.
4.8 In an event of a return, unless agreed otherwise with the Seller, the Buyer will cover all reasonable shipping expenses incurred in relation to the return shipping of the Garments, the Home Textiles, the Supplies, the Designs and the Stylings.
5. SERVICE CONTRACTS
5.1 Unless otherwise provided in the Terms, we do not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. Nevertheless, we reserve the right, at our sole discretion, to accept, refuse, place on hold or cancel the Service Contracts.
5.2 Unless explicitly specified otherwise on the Marketplace, our responsibilities with regard to the Service Contracts are limited to (i) facilitating the availability of the Marketplace and (ii) serving as the limited payment collection agent (and not a payment service provider) of each Seller for the purpose of accepting payments from the Buyers on behalf of the Seller. By using the Marketplace, the Buyer acknowledges and agrees that the Sellers, and not the Company, are solely responsible for (i) accepting order requests made by the Buyer and (ii) rendering the Services and delivering the Consultations.
5.3 If the Contractors decide to enter into the Service Contract through the Marketplace, the Service Contract is the contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Service Contract and the agreed terms of the Service Contract. The Contractors acknowledge and agree that we are not a party to the Service Contract and the formation of the Service Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and the Company. The Contractors may enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms. If there is a conflict between these Terms and an agreement concluded between the Contractors, these Terms shall prevail.
5.4 By concluding a Service Contract through the Marketplace, the Buyer acknowledges and agrees that the Buyer is purchasing the Services and the Consultations from the respective Seller and not directly from us, and the Seller is solely responsible for delivering the Services and the Consultations. Therefore, for any specifics related to the Service Contracts, the Buyer must contact the respective Seller directly.
5.5 We are not a party to the Service Contracts and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Service Contracts and any business transactions made between the Contractors as a result of the interactions through the Marketplace.
5.6 All communication between the Buyers and the Sellers pertaining to the Services and the Consultations, including enquiries and negotiation of the Service Contracts, should be carried out through the Marketplace. The Buyer is not allowed to communicate with the Sellers outside the Marketplace, including without limitation, exchanging contact details (e.g., phone numbers, email addresses, addresses, social media information), information related to communication tools and software (e.g., Skype, WhatsApp, Wechat, Telegram, and Zoom), information about payment methods (e.g., PayPal accounts, bank account, credit card numbers), and any forms or links related thereto. We reserve the right, at our sole discretion, to suspend or terminate the Buyer Account or the Buyer’s access to the Marketplace upon violation of this section 5.6.
5.7 We do not screen the Sellers. The Marketplace provides general information about the Sellers and it displays the profiles created by the Sellers. We do not endorse any Sellers and the Marketplace features only a limited list of the available Sellers, Services and Consultations providers in the Buyer’s area.
5.8 The Sellers are solely responsible for providing accurate information on the Marketplace, including their contact details, professional experience, training, availability schedules, the Services, and the Fees. We bear no responsibility and make no warranties about the accuracy, truthfulness, or completeness of such information and any transactions carried through the Marketplace.
5.9 The Buyer is solely responsible for carrying out appropriate checks regarding the Sellers, including their relevant trade and industry accreditations, qualifications, legal authorizations, and the scope of insurance prior to concluding the Service Contracts. None of the references provided by us or the Buyers and the Sellers in relation to any Buyer or the Seller (e.g., reviews, comments, or ratings) represent endorsement, certification or guarantee about any Buyer or the Seller, as well as the information, the Services or the Consultations provided by that Buyer or the Seller. We strongly encourage the Buyer not to conclude any Service Contracts if the Buyer has any doubts or concerns pertaining to the Sellers.
5.10 We are not responsible for any disputes that arise between the Contractors, nor are we obliged to receive or process, complaints against the Buyers and the Sellers, or resolve disputes between the Buyers and the Sellers, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
5.11 The Buyer is entitled to leave a review to the Sellers from which the Buyer has purchased the Services and the Consultations. If the functionality of the Marketplace permits it, the Buyer may upload a photo of the Services and the Consultations that the Buyer has received. The Buyer agrees to comply with these Terms, especially the acceptable use policy outlined in section 8, when leaving the Buyer’s review. We reserve the right to remove reviews that violate our policies and the Terms.
6. THE SERVICES AND THE CONSULTATIONS
6.1 Although the Sellers use reasonable efforts to display the features, colours, images, descriptions and other specifications of the Services and the Consultations accurately, neither we nor the Sellers can guarantee that the screen of the Buyer’s computing device will display the colours and images representing the Services and the Consultations accurately.
6.2 By ordering the Services and the Consultations, the Buyer acknowledges that:
6.2.1 The Buyer is responsible for providing accurate information (e.g., body measurements, interior measurements, existing Garments measurements, Designs or Styling ideas, or Consultation requirements) with regard to the Services and the Consultations and we are not responsible for any inaccuracies related thereto;
6.2.2 The Seller and not us is responsible for the stock, availability, and delivery of the Services and the Consultations;
6.2.3 The images of the Garments, the Home Textiles, the Designs or the Stylings (whichever relevant) may be fitted to a model or mannequin and, therefore, may not fit the Buyer in the same way;
6.2.4 The Seller may change the seams and the design of the Garments, Home Textiles, Designs or Stylings (whichever relevant) as demonstrated on the Marketplace to fit the Buyer (e.g., the number and position of buttons or their design). The Seller chooses the best solution for each Garment, Home Textile, Design or Styling (whichever relevant) in collaboration with the Buyer. The Buyers are entitled to request the Seller to change the seams and the design of the Garments, Home Textiles, Designs or Stylings (whichever relevant), subject to Seller’s consent;
6.2.5 The Garments and the Home Textiles may contain visible chalk marks or ironing marks that usually disappear during the first wash without any extra treatment;
6.2.6 The Garments and the Home Textiles may differ slightly in shade of colour if they are made from different rolls of fabric;
6.2.7 The Services displayed and the Consultations described on the Marketplace are shown for visualization purposes only. The final item or service may have slight differences in construction, colour, design, style or content (whichever relevant) that may not be represented on the Buyer’s display. We strongly suggest ordering individual fabric samples and obtaining detailed information before ordering the Services and the Consultations;
6.2.8 The Buyers are responsible for examining the Services and assessing the Consultations immediately after receiving them and, if the Services or the Consultations do not correspond to their descriptions, the terms of the Service Contract, are damaged in any way, or have different content, the Buyer agrees to immediately notify the Seller of the same no later than 14 calendar days from the receipt of the Services or the Consultations, unless a force majeure event occurs as specified in section 4.7;
6.2.9 The Buyer must follow any and all instructions provided with the Services and the Consultations regarding their use, wear, care and storage; and
6.2.10 All enquiries and complaints regarding the Services and the Consultations should be sent to the Seller.
6.3 'Impeccable Fit' guarantee. Some Sellers may offer, but are under no obligation, an “Impeccable Fit” guarantee for the new tailor-made Garments and Home Textiles, which allows the Buyer to request free adjustment of the Garments or the Home Textiles, if the new tailor-made Garments or Home Textiles ordered by the Buyer do not fit. The Buyer must refer to the Seller’s profile to check whether the Seller offers the “Impeccable Fit” guarantee, read the terms and conditions related thereto or ask the respective Seller for information. To take advantage of the “Impeccable Fit” guarantee, the Buyer must contact the respective Seller no later than 7 calendar days after receiving the ordered new custom-made Garments or Home Textiles. The Buyer will not be entitled to any adjustments if (i) the Buyer contacts the Seller later, (ii) the Buyer has removed swing tags from the Garments or the Home Textiles, or (iii) the tailor-made Garments or Home Textiles have been altered by a person other than the Seller (whichever relevant). ‘Impeccable Fit’ guarantee is valid and applicable only for new tailor-made Garments and Home Textiles.
6.4 Alterations. Some of the Garments, Home Textiles, Designs or Stylings may require adjustments that can be handled by completing Alterations. Alterations are custom-made in accordance with the measurements and instructions provided by the Buyer. If an Alteration is requested, the Buyer must ship the Garment, the Home Textile, the Design, or the Styling to the Seller for Alteration. The Buyer will need to place an order for the Alteration through the Marketplace, (ii) choose the shipping provider, (iii) arrange for shipping and pay all related shipping and customs costs and taxes, and (iv) wait until the Alteration is completed and the Seller ships the Garment, the Home Textile, the Design or the Styling back to the Buyer. Each Service Contract for Alterations includes 1 Alteration for each Garment, Home Textile, Design or Styling. If another Alteration is necessary for the same Garment, Home Textile, Design, or Styling, the Buyer must conclude a new Service Contract with the same Seller or another Seller, both subject to the Fees. Please note that the Design or the Styling can be sent to the Seller via electronic means, if deemed appropriate by the Contractors.
6.5 Refunds. If the Services or the Consultations are made to the Buyer specifications or are customised, the Buyer’s right to refund is not available. If, after receiving the Services or the Consultations, the Buyer is not satisfied with the quality of the Services or the Consultations, the Buyer must contact the Seller no later than 14 calendar days from the receipt of the Services or the Consultations. If the Seller agrees to grant a refund, a refund is issued by using the same payment method that the Buyer used for the initial transaction within 14 days from the Buyer’s request, provided that the Payment Processor processes the Buyer’s refunds in a timely manner; we are not responsible for delays caused by the Payment Processor. The Buyer may be requested to return the received items to the Seller (the order number should be included for a faster processing of return). The Buyer agrees to cover all reasonable shipping expenses incurred in relation to the return shipping of the Garments, the Home Textiles, the Supplies, the Designs and the Stylings. No refunds shall be issued if the Garment, the Home Textiles, the Designs, the Stylings or the Supplies have been previously worn, damaged, altered, or remade.
6.6 Faulty Services or the Consultations. If the Buyer finds that the received Services or the Consultations are faulty, the Buyer can, within 14 days from the receipt of the Services or the Consultations, contact the Seller and:
6.6.1 Request a refund as described above;
6.6.2 Request a reduction of the Fees; or
6.6.3 Request to replace the Services and the Consultations with the same non-faulty Services and the Consultations or similar Services and the Consultations.
6.7 Abandoned Services and Consultations. In the event that the Services or the Consultations cannot be delivered to the Buyer due to Buyer’s fault and the Buyer has been notified of the same (please refer to paragraph 3.11 ‘Delivery failure’ for more information), the Sellers may dispose the Services and disregard repeating the Consultations at their sole discretion; the Sellers shall not be held liable for any loss or damage that the Buyers may suffer as a result of the disposal of the Services or dismissal of the Consultations.
6.8 Prohibited items. The following items cannot be ordered or purchased on the Marketplace:
6.8.1 Items that are prohibited by the applicable law;
6.8.2 Items other than the Services and the Consultations;
6.8.3 Counterfeit items;
6.8.4 Items that violate intellectual property laws of others;
6.8.5 Worn or used items;
6.8.6 Items that do not comply with hygiene standards;
6.8.7 Uniforms and accessories related to nazism and fascism;
6.8.8 Sexually explicit items;
6.8.9 Items made of animal fur, reptile skin, shells, or ivory;
6.8.10 Disposable items; and
6.8.11 Items that display or promote violent behaviour, discrimination, hate speech, crime, and terrorism.
7. INTELLECTUAL PROPERTY
7.1 When the Buyer uses the Marketplace, the Buyer may upload and submit the Buyer Content, such as photos, text, messages, videos, links, reviews, and files. Please note that some of the Buyer Content may become available to other Users on the Marketplace. Therefore, we request the Buyer to (i) exercise the Buyer due diligence when uploading the Buyer Content to the Marketplace, (ii) not to make any sensitive information publicly available to other Users of the Marketplace, and (iii) make sure that, by uploading the Buyer Content to the Marketplace, the Buyer complies with these Terms.
7.2 By uploading the Buyer Content to the Marketplace, the Buyer grants us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Buyer’s Content for the purposes of operating the Marketplace and carrying our legitimate business interests.
7.3 The Buyer agrees not to submit the Buyer Content that violates these Terms or any applicable laws, including intellectual property rights of others and the Buyer agrees to pay all royalties, fees, and any other monies applicable to the Buyer Content.
7.4 The Buyer understands and agrees that, in order to ensure the security of the Marketplace, we may, but have no obligation to, monitor or review the Buyer Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Buyer Content, in whole or in part, that violates these Terms or may harm the reputation of the Marketplace. However, the Buyer remains solely responsible for the Buyer Content.
7.5 The Buyer is not allowed to make publicly available personal data of persons who have not provided the Buyer with their prior written authorization or consent to share that personal data (e.g., the Buyer cannot publish name, photos, videos, and contact details of a person who has not allowed the Buyer to do so) through the Buyer Content.
7.6 The Buyer Content includes the Buyer personal views and recommendations. None of the Buyer Content reflects our views, recommendations, endorsement, or any commitments related thereto.
7.7 Most of the Company Content is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The Company Content includes, but is not limited to, text, images, audio-visual content, source code, trademarks, service marks, trade names, graphics, and button icons. The Company Content is protected by the applicable intellectual property laws and international treaties. The Buyer is not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Company Content to third parties, or use any manual or automated means to scrap any content available on the Marketplace.
7.8 The Buyer may not use our brand, the word or figurative trademarks associated with the Marketplace, the Company, or third-party trademarks without a prior consent of the trademark owner. The Buyer is not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with the Buyer without obtaining prior written consent from us.
7.9 Some of the intellectual property assets, such as the Buyer Content, Seller’s content, and third-party trademarks, featured on the Marketplacemay be owned by the Buyers, the Sellers, and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
8. ACCEPTABLE USE POLICY
8.1 When using the Marketplace, the Buyer is required to follow our acceptable use policy outlined in this Section 8. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. The Buyer is not permitted to use the Marketplace in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
8.1.1 Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
8.1.2 Fraud;
8.1.3 Provision of false, inaccurate, or misleading information;
8.1.4 Harassment or interference (e.g., driving away Seller’s business or click fraud);
8.1.5 Dissemination of information that may result in injuries and physical harm;
8.1.6 Discrimination against people based on their race, colour, ethnicity, religion, origin, gender, and other personal attributes;
8.1.7 Posting of the Buyer Content that depicts or incites others to commit acts of violence;
8.1.8 Provision of the Buyer Content that depicts children or may cause emotional distress to children;
8.1.9 Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
8.1.10 Spreading of religious content;
8.1.11 Spreading of hate speech;
8.1.12 Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
8.1.13 Spreading ethnically, racially, or otherwise objectionable information;
8.1.14 Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
8.1.15 Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
8.1.16 Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Marketplace;
8.1.17 Interfering with or abusing other Users of the Marketplace;
8.1.18 Using bots, scripts, and other automated methods to scrape information from the Marketplace; and
8.1.19 Collecting and disclosing any information about other Users of the Marketplace.
8.2 Reporting inappropriate content. If the Buyer thinks that some of the content available on the Marketplace is inappropriate, infringes these Terms, applicable laws, or the Buyer’s right to privacy, the Buyer must contact us immediately by email at legal@icouturiers.com. If any content or User is reported as inappropriate, we will immediately delete the content from the Marketplace and investigate the conduct of the reported User.
8.3 By using the Marketplace, the Buyer is solely responsible for Buyer’s interactions with other Users of the Marketplace. The Buyer acknowledges and agrees that we do not conduct any checks of the qualifications, certification, skills, the validity and scope of the obtained insurance policies, and background of the Users. We make no representations or warranties as to the conduct of the Users.
9. NON-CIRCUMVENTION
9.1 Making Payments Through the Marketplace. The Buyer hereby acknowledges and agrees that (i) all payments for the Service Contracts must be made and accepted through the Marketplace only, (ii) the Marketplace must be used as the Buyer’s exclusive method to make payments, and (iii) the Buyer’s violation of this section 9.1 is a material breach of these Terms and, therefore, the Buyer Account may be permanently suspended. The said obligation is valid at all times when the communication or transactions are carried out by and between the Sellers and the Buyers. By way of illustration, the Buyer is not allowed to:
9.1.1 Offer, solicit, accept any offers or solicitations, contract, hire, pay, receive or make payments outside the Marketplace; and
9.1.2 Refer the Sellers to third parties for receiving payments.
9.2 Not Sharing Contact Details. The Buyer must use the Marketplace as a sole manner of communicating with the Sellers in respect to pre-contractual and contractual enquiries and negotiations. A violation of this section 9.2 is a material breach of these Terms and, therefore, the Buyer Account may be permanently suspended.
10. AVAILABILITY
10.1 We put reasonable efforts to ensure that the Marketplace is always accessible to the Buyer. However, the availability of the Marketplace may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service Sellers, or force majeure events, including, but not limited to: acts of God; strikes; governmental action; Internet disturbance; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; pandemics; and water floods. We take no responsibility for the unavailability of the Marketplace caused by such factors.
11. DISCLAIMER OF WARRANTIES
11.1 We provide the Marketplace on ‘as available’, ‘as is’, and ‘with all faults’ basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Marketplace, any content featured on the Marketplace, whether provided by us, the Users, or by third parties, and hereby disclaim all warranties regarding the Marketplace and its operation.
11.2 It is the Buyer’s sole responsibility to verify and assess the fit for the purpose of the Marketplace prior to using it and to decide whether or not the Marketplace fits for the intended use.
11.3 By using the Marketplace, the Buyer acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
11.4 Nothing in these Terms shall affect any statutory rights that the Buyer is entitled to as a consumer and that the Buyer cannot contractually agree to alter or waive.
12. LIMITATION OF LIABILITY
12.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with the Buyer’s use of the Marketplace, any content made available through the Marketplace, whether provided by us, the Users, or by third parties, or any transactions concluded through the Marketplace. The Buyer agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
12.2 We will not be liable to the Buyer or any other persons on whose behalf the Buyer uses the Marketplace for any direct, indirect or consequential losses, which may be incurred by the Buyer in relation to the Marketplace, such as direct and indirect loss of profits, loss of goodwill or business reputation, loss of opportunities, and loss of data.
12.3 We will not be liable to the Buyer for any loss or damage, which may be incurred by the Buyer as a result of:
12.3.1 Any reliance placed by the Buyer on the completeness, accuracy or existence of any interaction carried through the Marketplace, content, information, recommendations, or advertising featured on the Marketplace, or as a result of any relationship or transaction between the Users of the Marketplace or advertisers and sponsors whose content appears on the Marketplace;
12.3.2 Any changes which we may make to the Marketplace, or for any permanent or temporary cessation in the provision of the Marketplace or any features thereof;
12.3.3 The deletion of, corruption of, or failure to store any of the Buyer Content and other communications data maintained or transmitted by or through the Marketplace;
12.3.4 The Buyer’s failure to provide us with accurate information;
12.3.5 The Buyer’s communication and business or personal relationships with other Users of the Marketplace; and
12.3.6 The Buyer’s failure to keep the Buyer’s login details to the Buyer Account secure and confidential.
12.4 This section 12 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
13. INDEMNIFICATION
13.1 The Buyer agrees to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the Buyer’s breach of these Terms, the Buyer’s use of the Marketplace, or the Buyer’s violation of any law or the rights of a third party.
14. SEVERABILITY
14.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, the validity and enforceability of the remaining provisions of the Terms shall not be affected as a result.
15. GOVERNING LAW AND DISPUTES
15.1 Governing law. These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflicts of law provisions.
15.2 Disputes. The Buyer agrees to resolve any disputes with us by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding online arbitration, unless the applicable law permits otherwise.
15.3 Language. These Terms are written in English language. In the event these Terms are translated into other languages, the English language version of the Terms shall prevail.
15.4 Alternative dispute resolution (ADR). If the Buyer is based in the EU, the Buyer can use an ADR body to resolve disputes with us. ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. The Buyer does not need (but may opt for) legal assistance or representation to take the Buyer’s case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR Marketplace provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
15.5 This Section 15 does not affect any statutory rights that the Buyer is entitled to as a consumer.
16. MISCELLANEOUS
16.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until the Buyer stops using the Marketplace.
16.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Marketplace. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Marketplace, or our business practices. We will send the Buyer a notification (if we have Buyer’s email address) about any material amendments to the Terms that may be of importance to the Buyer. The Buyer is responsible for regularly reviewing these Terms. The Buyer continued use of the Marketplace after any changes shall constitute the Buyer’s consent to such changes. We also reserve the right to modify the services provided through the Marketplace and the features of the Marketplaceat any time, at our sole discretion.
16.3 Breach of the Terms. If we believe, at our sole discretion, that the Buyer violates these Terms and it is appropriate, necessary or desirable to do so, we may:
16.3.1 Send the Buyer a formal warning;
16.1.2 Temporary suspend the Buyer Account;
16.1.3 Delete the Buyer Account;
16.1.4 Temporarily or permanently prohibit the Buyer’s use of the Marketplace;
16.1.5 Report the Buyer to the relevant public authorities; or
16.1.6 Commence a legal action against the Buyer.
16.4 Transfer of rights. The Buyer is not allowed to assign the Buyer’s rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to the Buyer. It is the Buyer’s responsibility to make sure that the Buyer reads our notices to stay informed. If the Buyer does not agree to the transfer, the Buyer can terminate these Terms with immediate effect by deleting the Buyer Account and stopping to use the Marketplace.
16.5 Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated. Although the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms, the Company does not guarantee that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
16.6 Waiver. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce any part of the Terms.
16.7 Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between the Buyer and us regarding the Buyer’s relationship with us, govern the Buyer’s use of the Marketplace, and supersede any other agreements between the Buyer and us.
17. CONTACT
Any of the Buyer’s questions and notices regarding these Terms should be sent to us by using the following contact details:
Email: legal@icouturiers.com
Postal address: 66 Avenue des Champs-Élysées, OCP Business Center 4, Paris, 75008, France.
