Sales terms & conditions

Article 1 : Objective

The objective of L’Upper is to provide a platform dedicated to online shopping of fashion designers and to promote their brands.

Article 2 : Acceptance of terms

Acceptance of general conditions of sales is done when validating the order. By proceding to payment, the user indicates that he fully accepts the general conditions presented.

Article 3 : Sales conclusion

The sale is done between both parties, and the property is owned by the buyer as soon as the payment is done, no matter what the delivery date is.

Article 4 : Disclosure requirements

L’Exception complete its duty of information and advice before the sale, as mentioned by the L121-18 Customer Code article and the articles to which it refers. Essential characteristics of the products are mentioned in detailed description along with article pictures.
Order confirmation implies abiding by the L121-19 Customer Code article.

Article 5 : Client Account

Registration is not required to access the website, however, registration of the purchaser is required for placing an order.
Below information are mandatory for the registration: Title, Full name, Email, Password, Phone number and shipping address.

Article 6 : Prices and means of payments

The price on each item includes all taxes in France and the European Union. Outside of the European Union, the price is indicated DDP (Delivery Duty Paid), meaning you won't have to pay any additonal tax on import. The price of the article is effective at the moment the order is passed. The payment methods include credit card, American Express, Paypal...

The payment data are conserved either by L’Upper or by the organization responsible for the financial transaction. The payment is effective immediately.

The information you provide when placing your order and your credit card payment information are subject to automated data processing by our partner Ogone. This automated data processing is intended to define a level of analysis of transactions and fight against credit card fraud, theft and improper use of your identity.

OGONE S.A. and L'Upper are the recipients of the data in relations to your order. Your card number is never transmitted or used as it is but you are secured from a safe system of encoding and encrypting. The highest security standard are applied to data storage and are all complied to Payment Card Industry Data Security Standard (PCI DSS). You may object to the disclosure of your information, knowing that the non-transmission of these data prevents the execution and analysis of your transaction and will lead us to suggest another way of reservation.

The occurrence of unpaid invoices due to fraudulent use of credit card registration will involve registration of the order details associated with this outstanding payment in a payment incident file. An irregular declaration or anomaly may also be subjected to special treatment.

According to the information provided by the order analysis system, we may contact you to provide additional documentations. The supplementary information are in this case an indispensable condition to validate your reservation.

In order to fight against fraudulent payments, a visual check of means of payment may be asked by the customer service of L'Upper before checking your products.

Article 7 : Sales price adjustment

If an article is bought in the 7 days before the start of sales or a promotional period, on request of the customer, L'Upper may credit the account of the customer of the price difference. This credit will be awarded in the case where the same product, including the same size, is still available for sales on the website at the time of the request of the customer. This credit may be used in the 8 days following the date of approval.
Any article bought during sales or promotional period may not be beneficiate from this sales price adjustment, even if further marked-down.

Article 8 : Delivery fees

The delivery fees will be confirmed to the customer before payment. L'Upper is not liable for any delivery delay.

Article 9 : Unavailability of order

In exceptionnal circumstances, if the item ordered is not available, the customer can proceed for an exchange or be fully reimbursed of the total sum paid in no later than 8 days.

Article 10 : Quality of Articles

The quantity and quality of the delivered goods shall be those specified at the order
L’Upper reserves the right to modify the article to be delivered in the supposition described in paragraph 2 of the Article R132 of the Customer Code. It means that if the modifications are related to technical change that generates no increase of price or change of quality of the product, provided that the customer is free to identify the characteristics of the underlying commitment.
Articles sold by l’Upper are guaranteed to be new, according to the current laws, and were, under no circumstances, previously used.

Article 11 : Non-compliance of the order / Damaged item

It is stated in the Article L121-20-3 of the Consumer Code, that L’Upper, as a professional, is strictly liable to the consumer for the proper execution of obligations under the contracted sales agreement. L'Upper may exonerate itself from the responsability by showing the proof the mis-execution of the contract is due to the buyer, or by the impredictable action of a subcontractor or a case of force majeure. In case of an anomaly at the delivery, if the products are deffectuous or non conform in nature (eg: wrong color), the customer must in the shortest time or the same day of receiving the order inform L'Upper at the following address: [email protected]
Any claim done more than 3 days after receiving the product will not be accepted.
The absence of claim or the lack of information by the customer in the 3 days term means that the articles delivered are satisfying and may not be the case of further liabilities.

Article 12: Cancelling an order

Following the L 121-20 Customer Code, as modified by the 23 August 2001 2001-741 ordinance, a customer can cancel any item delivered in the fourteen days following the day of the order delivery.
You can use this right through the forms located in the Order area of your personnal account, or with a registered mail with delivery receipt formalising the 60 days delay to the upper.
Using this right lead to the payment refunding, after a quantity and quality check of returned items.

Article 13 : Returns

In France, all return costs will be taken cared of by customer. Outside of France, return shipping will be decided by the customer, handling the expenses and practical details. Under no circumstances shall l’Upepr be held responsible for organizing the returned order shipment as mentioned in the 120-21 Customer Code article.
Products have to be kept in a good condition and be put back in their original packaging, over which must be added another packaging fully wrapping the product; they must not bear any trace of using and have all of their accessories.
It is only after checking that those conditions are satisfied that Upper will with an exchange voucher matching the returned items, except for the initial shipping fees. Otherwise, no refund can be asked, the customer will stay the owner of the product that he can get in a delay of 8 days at L'Upper office.

Article 14 : Liberty

According to the 78-17 6 January 1978 law, recasted by the 2004-801 6 august 2004 law, you can access and modify your personal informations. If you agreed to do so during your registration, we can forward your adress to L’Upper partners third parties. You can in this manner receive other companies offers. If you do not wish it, you may notice us at this adress : UPPER CONCEPT STORE,19 RUE DES 2 PONTS 75004 PARIS, FRANCE.

Article 15 : Intellectual property

Every text, commentary, books, illustration and pictures, be they visual or audio, reproduced on Upperconcept.com website are protected by authors, brands and patents copyrights for the whole world. They are the sole property of L’Upper.
For this reason and according to Intellectual Property Code clauses, only the use for a private usage, under the effect of different more restrictive Intellectual Property clauses is authorized. Any other use can be taken as counterfeit and punished because of Intellectual Property.

If you have any disagreement with the current sales terms, please contact us at [email protected] to discuss customs sales terms.