General Terms and Conditions (GTC)

1. GENERAL

   The site is the property of Heritage Underwear in its entirety, as well as all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext links to the site are authorized without specific request.

 These general terms and conditions of sale govern the relationship between, on the one hand, the company ORYX, SARL with capital of €30,000, registered in the Nancy Trade and Companies Register under number 518 357 165 RCS Nancy, whose registered office is located at 3 rue du Coq 54300 LUNEVILLE, hereinafter referred to as "Heritage Underwear" or under its domain name www.heritageunderwear.com, and, on the other hand, the person making a remote purchase (by Internet or by mail), hereinafter referred to as the "Customer".

The Parties agree that orders placed with Heritage Underwear via the various means made available to the Customer are governed exclusively by these terms and conditions of sale, to the exclusion of any other terms and conditions that may be available on the website www. heritageunderwear.com.

 2. ORDERING METHODS

Customers may order via the Internet: www.heritageunderwear.com

The Customer guarantees that he/she is fully authorized to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the use of Heritage Underwear services. Only persons legally capable of entering into contracts concerning the goods and services offered on the site may order from www.heritageunderwear.com.

The Customer declares that he/she has read and accepted these general terms and conditions of sale before validating the order, i.e. by ticking the box on the "summary" page of the order on the site.

The data recorded by Heritage Underwear constitutes proof of all transactions between Heritage Underwear and its Customers. Heritage Underwear will systematically confirm the Customer's order and shipment by email. Any order confirmed by the Customer constitutes the conclusion of the sales contract. The Customer is deemed to have accepted, with full knowledge of the facts and without reservation, the prices, volumes and quantities offered for sale and the clauses contained in these general conditions of sale. Heritage Underwear will send the Customer a confirmation email summarizing the order, delivery methods and delivery times (products, prices, quantities, etc.).

The data recorded and kept by Heritage Underwear constitute proof of all transactions between Heritage Underwear and its Customers.

The information given by the Customer during the order process is binding: in case of error in the recipient's coordinates, Heritage Underwear cannot be held responsible for the impossibility in which Heritage Underwear could be to deliver the product.

The order validated by the Customer will only be considered effective when the banking payment centers concerned have given their agreement. In case of refusal of the said centers, the order will be automatically cancelled and the Customer will be informed by email.

The order can only be cancelled by the customer if the customer contacts us within 12 hours of payment of the order.

The order will only be taken into account by Heritage Underwear if the customer has clearly identified him/herself by providing the information requested in the order form (name, address, telephone number, email address, etc.).

When registering the Customer's personal data in the "my account" section, the Customer must ensure the accuracy and completeness of the mandatory data provided. Any subsequent changes must be notified as soon as possible.

The Customer declares that he/she has the legal capacity to place an order on the site, or that he/she holds parental authorisation if he/she is a minor.

 3. PRODUCT AVAILABILITY

   Heritage Underwear will do its utmost to process orders within the limits of available stocks of the products offered on its Internet site. Heritage Underwear cannot be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product.

If after confirmation of the order (article 2) the product is not available, Heritage Underwear will inform the Customer by email or telephone as soon as possible. If the product is not available, we will contact the Customer to confirm the terms and conditions for reimbursing the order: reimbursement by cheque, credit card or in the form of a voucher.

 4. DELIVERY

For delivery rates, please click here.

Products will be dispatched within a maximum of 96 working hours in mainland France to the delivery address indicated by the purchaser during the ordering process. Shipping and handling costs include VAT.

When a complete order is dispatched, Heritageunderwear.com provides an original invoice including delivery costs and VAT, sent by email to the address indicated by the customer.

Colissimo deliveries in France: Heritageunderwear.com delivers packages anywhere in mainland France. If the Customer is absent at the time of delivery, the parcel is left in the Customer's letterbox if possible. If not, a delivery notice is normally left in the letterbox: the Customer can then collect the parcel from the post office within 15 days of the notice being left.

In order to optimize delivery, we would be grateful if you could provide us with an address to which the order can be delivered during working hours, and we encourage you to arrange for delivery to your place of work, for greater convenience.

In the case where the Buyer has not been able to collect his parcel, it will be returned to the warehouses of Heritageunderwear.com. Heritageunderwear.com will then propose to the Buyer to reship the parcel by contributing to the reshipment costs of the order in Metropolitan France. This last procedure also applies to parcels returned by the Carrier following an incorrect delivery address or an unknown recipient.

Unless otherwise stipulated, products are delivered within the time indicated when the order is placed. If the delivery time is exceeded, the customer may cancel the order and obtain a refund within 30 days.

Deliveries within the European Community are made by La Poste using Colissimo Expert International.

In addition, for deliveries outside metropolitan France, the customer undertakes to pay all taxes due on the import of products, customs duties, value added tax, and any other taxes due under the laws of the country in which the order is received. All orders placed with Heritage Underwear are intended for the personal use of customers, customers or recipients of products are prohibited from reselling all or part of the products. Heritage Underwear disclaims all legal liability in the event of non-payment of taxes by the customer.

In the event of delay, breakage or shortage, the customer may contact our Customer Service department at www.heritageunderwear.com, or by calling 0892.490.147.

In the event of a dispute, proof of delivery via www.colissimo.fr and www.laposte.fr shall prevail.

 5. RETRACTION / RETURN

   The right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (Article L221-28 of the French Consumer Code).

Despite this, you have 100 days from the date of receipt of your parcel to make up your mind and return it to us.

Please note that returned products must be in PERFECT condition for resale, in their original packaging with all accessories, and must be returned, at your expense, to the following address:

 6. PRICES

   Prices are expressed in euros.

The price indicated on the product sheets does not include transport.

The price indicated in the order confirmation is the final price, inclusive of all taxes and including VAT for France and EC countries. This price includes the price of the products, the costs of handling, packaging and preservation of the products, the costs of transport and commissioning.

 7. PAYMENT

   The price invoiced to the customer is the price indicated on the order confirmation sent by Heritage Underwear.

Heritage Underwear offers several payment methods:

- Cash payment by credit card 3D Secure

3-D Secure is a secure Internet payment protocol.

Deployed under the trade names Verified By Visa and MasterCard SecureCode, 3-D Secure was developed by Visa and Mastercard to enable merchants to limit the risks of Internet fraud linked to attempts at identity theft. Each time a payment is made online, the system checks that the card is actually being used by the cardholder. In this case, where both the merchant and the cardholder's bank are equipped, an additional step takes place at the moment of payment. In addition to the card number, expiry date and three-digit security code (printed on the back of the card), the Internet user must enter a password, such as his/her date of birth (simple authentication) or a dynamic one-time code (strong authentication).

The system is activated when the customer makes their 1st purchase on a 3D-Secure website.

Payment is made by credit card bearing the CB symbol.

The following are accepted

- Cartes Bleues Visa, Eurocard Mastercard via the Banque Populaire bank server in a secure environment.

Your credit card number is therefore sent to the bank's servers; your payment is made directly to the bank in a secure environment, without passing through the store's server. This guarantee is all the more important as your numbers are known only to our banking partner.

- PAYPAL payment : 

 Select PayPal as your payment method, then click on "Continue". You will then be redirected to the PayPal page to confirm your payment. At this stage, you have 2 options:

If you already have a PayPal account, log in with your login details to confirm your payment.

If you don't have a PayPal account, you can still pay by credit card on the PayPal page, or create a PayPal account first.

Once payment has been confirmed by PayPal and your order has been confirmed, your account will be debited and your parcel prepared. You can access your order and payment details at any time in the "My account" section or in the summary e-mail.

- Cash payment by bank transfer

Your order will be reserved for 3 days. After this period, without receipt of your bank transfer, it will be cancelled.

Here are our contact details:

   Attention, don't forget to enter your order number in the "Communication" field of the bank transaction. Without this information, your payment cannot be validated, as the payer will need to conduct time-consuming searches, resulting in a delay in payment validation and thus the implementation of the subscribed service. The order validated by the customer will only be considered effective once the relevant bank payment centers have given their approval. In case of refusal by said centers, the order will be automatically canceled, and the customer will be notified via email. Furthermore, Heritage Underwear reserves the right to refuse any order from a customer with whom there is a dispute.

8. WARRANTY

When acting under the legal warranty of conformity, the consumer:

has a period of two years from the delivery of the goods to take action;

may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

is exempt from providing proof of the existence of the non-conformity defect of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to enforce the warranty against hidden defects in the sold item within the meaning of Article 1641 of the Civil Code, and in this case, may choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

9. DISPUTE

This contract is governed by French law.

In the event of difficulties in the application of this contract, the buyer has the option, before any legal action, to seek an amicable solution, particularly with the assistance of a professional association in the sector, a consumer association, or any other advisor of their choice. It is reminded that, as a general rule and subject to the courts' assessment, compliance with the provisions of this contract regarding the contractual warranty requires the buyer to fulfill their financial obligations to the seller.

Claims or disputes will always be received with attentive benevolence, with good faith always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact the company to seek an amicable solution.

10. LEGAL INFORMATION

The provision of personal information collected for the purpose of distance selling is mandatory, as this information is essential for order processing and shipment, invoicing, and warranty contracts. Failure to provide information will result in the non-validation of the order. In accordance with the "Data Protection Act," the processing of customer's personal information has been declared to the National Commission for Data Protection and Liberties (CNIL). The customer has the right (Article 34 of the January 6, 1978 law) to access, modify, rectify, and delete the data concerning them, which they may exercise with Heritage Underwear. Furthermore, Heritage Underwear undertakes not to disclose, free of charge or with consideration, its customers' contact details to a third party.

11. DATA PROTECTION

The parties to the contract declare that they comply with the obligations imposed on them by the regulations concerning the protection of personal data, notably Law No. 78-17 of January 6, 1978.

12. RESOLUTION OF DISPUTES

In accordance with Article L. 612-1 of the Consumer Code, "Any consumer has the right to use a consumer mediator free of charge to amicably resolve the dispute with a professional." This covers disputes of a contractual nature relating to the performance of a sales contract or the provision of services, between a consumer and a professional.

Initially, we invite you to contact our customer service department (see Article 13) beforehand. For any unresolved dispute or disagreement, subject to Article L612-2 of the Consumer Code, it may be subject to amicable resolution through mediation with CNPM Consumer Mediation.

Disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is currently being examined by another mediator or court, or if the consumer has submitted the request to the mediator more than one year after their written complaint to the company Espace Des Marques.com, or if the dispute is outside the mediator's scope, or if the consumer has not attempted, beforehand, to resolve their dispute directly with the company Espace Des Marques.com through a written complaint as provided for in the contract.

To submit your dispute to the mediator, you can:

Fill out the form on the CNPM website by clicking here

or send your request by regular or registered mail to CNPM Consumer Mediation, 27 avenue de la Libération, 42 400 Saint Chamond.

These general terms and conditions of sale are subject to French law. Any dispute that has not found an amicable solution will be submitted to the territorially competent courts.

13. PERSONALIZATION

In the case of products that you can personalize as indicated in the presentation of our online store, the following additional provisions apply:

You are responsible for the accuracy of the content as well as the legal admissibility of the content you wish to add for the said product customization, including photographs, images, and texts.

By uploading the content, you warrant that you comply with applicable law (e.g., criminal law, youth law, or competition law) and that you do not infringe any third-party rights (e.g., personal rights, trademarks, or copyrights) and that you do not abuse them. You further warrant that the content is not illegal, inciting hatred, racist, glorifying violence, defamatory, or pornographic in particular, and does not contain discriminatory statements or representations concerning race, gender, religion, nationality, disability, or sexual orientation. You have created the content yourself and/or own all rights to use, in particular trademark rights and/or copyrights to the content. You are responsible to us for all damages resulting from your use of the content you provide to us. You release us from any liability in the event of claims by third parties.

We are not obliged to examine the content you submit for any violation of applicable law, third-party rights, and/or compliance with the warranties you provide. In case of justified suspicion of violation of applicable law and/or third-party rights, we have the right to delete the transmitted content and cancel the order. The same applies if your content conflicts with our commercial interests and/or those of our suppliers and business partners.

The service of printing images or digital photographs in various formats and on various media, resulting in the delivery of a distinctly personalized product made to the customer's specifications, is not subject to the right of withdrawal in accordance with the provisions of Article L. 121-20-2 of the Consumer Code on marketed products. Therefore, orders for photographic work are firm and final and cannot be exchanged or refunded. For reasons of order processing, it is not possible to cancel or modify the content: product, quantity, delivery address, billing address, billing amount. When the customer clicks on the "VALIDATE" button at the end of the ordering process, they acknowledge that they irrevocably accept, and with full knowledge of the facts, the conditions of the order (price, delivery time, delivery costs for home delivery).

We reserve the right to display certain customer creations on the site that are not of a private nature. (face, body part, ...)