CLASSIC ALL BLACKS General Terms and Conditions of Sale

(September 1st, 2017)

The General Terms and Conditions presented herein define any sale made on the CLASSIC ALL BLACKS website: http://www.classic-all-blacks.com. The company in charge of publishing the website is VINTAGE SPIRIT COMPANY, a limited liability company with a variable capital of €154,000. Its headquarters is located in Le Tomas - La Haute-Plaine, 05260 Chabottes, France. The company is registered in the Gap Trade and Companies Register under number 53 222 746 900 014. Its VAT registration number is FR 48 532 227 469.

Users may visit the General Terms and Conditions of Sales (thenceforth abbreviated as "GTCS") page without limitation. Users may also print out the GTCS freely. If required, VINTAGE SPIRIT COMPANY will provide a copy of this document upon request, either via post or e-mail.

VINTAGE SPIRIT COMPANY grants itself the rights to modify these GTCS at any time, and without prior notice to the users. Changes will apply as soon as the GTCS are uploaded to the classic-all-blacks.com website.

These conditions apply excluding all other conditions.

PRODUCT FEATURES

Every product marketed by VINTAGE SPIRIT COMPANY is designed and manufactured specifically for the CLASSIC ALL BLACKS brand. The CLASSIC ALL BLACKS official world-wide licencing is owned by VINTAGE SPIRIT COMPANY. Such ownership grants the rights to the company to manufacture and sell textile and clothing products for that brand.
All product features are displayed on their corresponding product page. Should the need arise, customers may contact the company in order to receive advice and information regarding any product.
The photographs and visual imagery of the products sold by VINTAGE SPIRIT COMPANY depict as faithfully as possible the final products sent to customers. VINTAGE SPIRIT COMPANY cannot be held liable for any colour discrepancy between the website and the product itself; the images are produced using calibrated monitors, potentially leading to variations from one screen to another.

VINTAGE SPIRIT COMPANY grants itself the right to modify the information contained on product pages, as well as their quantities, pictures and cost, displayed on the classic-all-blacks.com website.

AVAILABILITY AND SHIPMENT

Goods are customarily handled and prepared for shipping within 24 working hours (Monday to Friday) of receipt of order.

The products shown on the website are subject to stock availability, unless stated otherwise. In the event of a stock shortage or processing delay, customers will be notified of a new delivery date via e-mail, post or by phone within 48 working hours of receipt of order. Customers will also be allow to change or cancel their order, should they wish to.

  • • "Under restocking" means the product is momentarily out of stock, but will be delivered to you within the estimated timeframe.
  • • "Sold out" means the product is definitively out of stock, and we will not be able to deliver it to you. Please contact our Customer Service either via our Contact form, or by phone: +33 492 24 94 05
  • • You may replace a sold out product by ordering another one. If you do not wish to receive a replacement product, you will instead be granted a credit corresponding to the total cost of the sold out product(s): this credit will then be deducted from your bill during your next order. Alternatively, you may simply opt for a full refund.

Ordered products are only reserved after reception and validation of the payment by the payment system, or the accounting department in the event of a transfer payment.

VINTAGE SPIRIT COMPANY cannot be held liable for any discrepancy between the virtual stock displayed on its website (classic-all-blacks.com) and its actual stock.

RATES AND PROMOTIONAL OFFERS

Product rates:

The final cost of orders will be shown before tax if the destination country is not subject to the European Union VAT. The recipient will be liable of any extra expense that may be claimed by local authorities, such as customs tax or local VAT.

The applicable rate to ordered products is the rate displayed on this website on the day of ordering.

The displayed rates are inclusive of VAT and exclude transport costs. Deliveries are carried out by our TNT Express France, TNT International or Chronopost shipping agents. We will cover part of the packaging and shipping costs. However, customers will have to pay a flat-rate contribution than can vary depending on the chosen delivery method and country of delivery.

VINTAGE SPIRIT COMPANY grants itself the right to change any price without prior notice. Prices are subject to varying conditions imposed by our providers, for which the company is not responsible.

It is understood that the company keeps the full and whole property of sold products up until they have been paid for in full.

Promotional offers:

Any promotional offer communicated to customers, either by post or e-mail, can be applied to online orders and is subject to the conditions described within the offer. Discounts and free gifts can only be earned if the Promotional Offer Code is entered in the corresponding field during the online ordering process. If no code is disclosed to the customer, the benefits of the promotional offer remain at the discretion of VINTAGE SPIRIT COMPANY.

Discounts and free gifts from Promotional Offer Codes will automatically be applied to the processing of your order according to the above terms.

Multiple promotional offers cannot be used simultaneously. Moreover, they cannot be applied to products that already benefit from a discount of any kind.

ORDERING

Customers who wish to order products from our website (classic-all-blacks.com) can do so by selecting one or more products, automatically adding them to their cart. Customers may log into a user account that can be created before or during the ordering process. Users must provide valid information in order for the registration to be approved.

Customers may also order without creating a user account, entering their contact details as they confirm their order. The company gives itself the right to convert these details into a user account, should the company need to get in touch with the customer. In that case, an automatically generated login password will be sent to the e-mail address specified by the user during the ordering process. Minors are forbidden to enter into a contract. Any collected data pertaining to minors requires the approval of the appropriate parental authority. The parental authority has the rights to be against the storage and/or the transmission of such data to third parties.

Ordering process:

Customers can order products by adding them to their shopping cart. Once a product is added to the cart, customers may continue shopping or place their order. Customers placing their order will be asked to either log in to their user account, or create an account by entering their personal information.
Customers must ensure that the products in their shopping cart are of suitable size, shape and colour. Customers will then be able to choose their payment method. The payment methods offered by the classic-all-blacks.com website are as follows: credit card, bank transfer, or PayPal. Please note that using bank transfers can lead to lengthened processing times; refer to the "Terms of payment" section below for more detail.

Order handling:

Once a customer has placed an order using the classic-all-blacks.com website, VINTAGE SPIRIT COMPANY will work towards handling the order as quickly as possible. Orders are prepared for shipping on Monday through Friday mornings (excluding public holidays). Any order placed after 1:00 p.m. will be handled the day after. Likewise, any order placed after 1:00 p.m. on a Friday will be handled the following Monday.
Should a problem occur during the preparation of an order (e.g. stock shortage), VINTAGE SPIRIT COMPANY is committed to contact and inform the buyer.

TERMS OF PAYMENT

Payments on the classic-all-blacks.com website are made using the Secure Sockets Layer (SSL) encryption protocol. As such, your credit card number and order information are encrypted and will never be relayed as plain text on the network, preserving their secrecy.

Any order placed on the classic-all-blacks.com website becomes payable at the time of order. Online payment by credit card is handled by SystemPay, in conjunction with the Caisse d'Épargne banking group. Our payment system uses 3DSecure when confirming your checkout. This system will send a code to the phone number given by you to your bank. Checkout will be aborted should an error occur. VINTAGE SPIRIT COMPANY shall not be liable for any payment blocks enforced by its own bank or the buyer's. The checkout process requires the customer to input their card number, expiration date and the card security code (usually located on the back). A direct payment by credit card will guarantee a faster processing of your order.

Payments made with credit cards on websites using the SSL protocol are substantially safer than those made in most brick-and-mortar businesses, thanks to the intervening technologies and the fact that your card number is not printed out on a receipt.

As a result, each and every single step during payment between the buyer and VINTAGE SPIRIT COMPANY is entirely encrypted and safe.

The order will automatically be rejected in the event where the customer enters an incorrect or incomplete card number.

Information and data related to the order and the credit card number will not be relayed as plain text over the Internet:

  • • The credit card number will not be printed on any kind of paper, receipt, slip or list.
  • • The retailer has no way of knowing any credit card number whatsoever.
  • • Under no circumstances shall any credit card number be retained after being relayed to the retailer's bank.

As such, nobody is able to gain access to the buyers' credit card numbers, whether that be through a computer or a printout.

When paying via bank transfer, instructions will be displayed both in the corresponding web page and in an e-mail you will receive during the order confirmation step. Your order will be sent after the transfer has successfully been received.

CHANGING AN ORDER

Customers have the opportunity to change their order as long as it is not being prepared or about to be sent. Changing an order is done by contacting our Customer Service at service@classic-all-blacks.com or by filling in the form on the Contact Us page. Requests must include the order name and number, as well as the product at issue.
VINTAGE SPIRIT COMPANY grants itself the right to deny any request should a stock shortage occur. In that case, your order will be entirely refunded. Alternatively, we may also offer you a credit note equal to the total amount of your order, which you will then be able to spend exclusively on the classic-all-blacks.com website.

CUSTOMER SERVICE

Our website-dedicated Customer Service will reply by e-mail when you use the blank form on the Contact us page, or by post for queries sent to the following address:
VINTAGE SPIRIT COMPANY - SAV ESHOP
Route de Saint Léger, Bâtiment le Tomas
05260 Chabottes, France
Our Customer Service is committed to reply within the shortest time.

MEDIATION

Pursuant to both the August 20th, 2015 #2015-1033 ruling and the October 30th, 2015 #2015-1382 decree pertaining to the settlement of consumer disputes in French legislation, consumers shall be entitled to request any mediation service of their choosing. Such request will have to be made to our internal legal department by post to the following address: VINTAGE SPIRIT COMPANY, Route de Saint Léger, Bâtiment le Tomas - 05260 Chabottes, France

DELIVERY AND RISK TRANSFER

Delivery:

Products will be delivered to the address provided by the customer. In no circumstances shall VINTAGE SPIRIT COMPANY be held responsible should the customer fail to provide a valid or correct delivery address. The extra costs incurred by any new delivery will be charged to the customer.

Shipping costs and delivery times applied to orders placed on the classic-all-blacks.com website are in direct relation to the geographical area of the delivery address provided by the customer.

The transporter is solely responsible for the delivery. No compensation or refund will be made in case of a delay or error in delivery, nor in case of a loss of or damage to the shipment. VINTAGE SPIRIT COMPANY cannot be held for responsible in the event of complications pertaining to the delivery and the transportation of shipments.

Orders placed on the website by customers on Fridays will only be sent on the following Monday. Deliveries cannot be made on Saturays, unless upon customer request. Additional delivery expenses will apply to such requests, and will need to be paid by the customer to VINTAGE SPIRIT COMPANY.

Customers may choose from a selection of service providers for their delivery. The choice of such service provider is exclusive to the customer. Deliveries in mainland France are carried out by TNT Express 24 or Chronopost Relais 13. Both of these services guarantee delivery from 8:00 a.m. to 1:00 p.m. — should the customer opt for TNT Express 24, he or she agrees to take delivery of their parcel between 8:00 a.m. and 1:00 p.m. at the provided delivery address. Failure to take delivery of the parcel may incur extra delivery expenses to the customer.

TNT Customer Service:
For any delivery from and to mainland France — +33 825 033 033 (Monday through Friday, from 7:00 a.m. to 7:00 p.m. — on Saturdays, from 8:00 a.m. to 12:00 p.m.)
Premium-rate number — €0.20 per min + price of a call.

Chronopost Customer Service:
By phone — Monday through Friday, from 8:00 a.m. to 7:00 p.m. — on Saturdays, from 8:00 a.m. to 12:00 p.m. (no additional charges apply to the call)
By post — at the address below

Chronopost - Service Client Particuliers
3 avenue Gallieni
CS 70103
94254 Gentilly CEDEX, France

Please visit the "Delivery" page for further detail regarding the applicable rates and delivery times.

Risk transfer:

Le transfert de propriété des produits au client intervient à la date de paiement complet du prix. Le transfert des risques intervient à compter du moment où les produits sont remis au client.
En cas d'avarie ou de manquant, le client doit refuser le colis et indiquer ses motifs de refus sur le bon de livraison, à défaut sur la facture (la simple mention « avec réserves » est insuffisante). Il faut ensuite envoyer une protestation motivée au transporteur, par lettre recommandée, dans les trois jours, jours fériés non compris et informer la société Vintage Spirit Company de cette démarche. La même procédure peut être suivie si les dégâts n'ont été découverts qu'à l'ouverture du colis.

En cas de non conformité du ou des produits livrés, le marchand s'engage à rembourser ou à échanger le(s) produit(s) à son client dans les meilleurs délais.

RESPONSIBILITY

VINTAGE SPIRIT COMPANY, publisher of the classic-all-blacks.com website, cannot be held responsible for any damages that may result from the use of the aforementioned website, including — but not limited to — loss of data, computer viruses, any form of data breach that may result in damages, or any other problem beyond its control. The company cannot be held responsible should the website become unavailable.

WARRANTIES

Exchanges and returns:

Pursuant to article L.121-21 of the French Consumer Code, customers shall have a fourteen day period during which they can exercise their right of withdrawal without being required to justify their decision nor pay penalties, with the exception of return costs. Should they wish to exercise their right of withdrawal, customers must notify VINTAGE SPIRIT COMPANY in clear terms using one of the contact methods below:

  • By e-mail — via the blank form on the Contact Us page
  • By post — via letter to:

VINTAGE SPIRIT COMPANY - Eshop
Route de Saint Léger, Bâtiment le Tomas
05260 Chabottes, France

Should you find a product unsatisfactory, or should its size be unfitting, simply send it back to us within fourteen days of its receipt, after contacting our Customer Service at service@classic-all-blacks.com
Return expenses related to the transportation of such product(s) are to be paid by the customer.

Returning products must be sent back new and unwashed, as well as in their original packaging, complete with tags and stickers. We suggest that you send us back the products by registered post. We reserve the right to refuse the exchange or refund of any returning product should it be washed, or missing its original packaging, tags or stickers.

'Customised' products cannot be resold for the reason that they are altered (due to the printing of a number or a name, for instance). As such, they are not eligible for an exchange or refund.

The sums paid by the customer shall be reimbursed by the company within a period lower or equal to fifteen days after receipt of the returned product(s), as long as the withdrawal was clearly stated by the customer.

The following terms apply to any returned product you have paid for:

  • • The parcel is returned unopened: the parcel and the potential return expenses will be refunded.
  • • The product is returned merely due to your own dissatisfaction: the product will be refunded, but expenses relative to the return must be paid by the customer.
  • • The product is returned for any reason originating from CLASSIC ALL BLACKS: the product will be refunded, and expenses relative to the return will be paid by the company.
  • • In the case of a return or cancellation, a credit note will be issued. Alternatively, the customer may request an immediate refund instead.

CUSTOMS, DUTIES AND TAXES

VAT

Regulations relating to VAT are set by the European Union.

The following terms apply to any delivery made to a billing address in a European Union country:

  • • If the recipient is liable to pay the VAT in the country of destination: the VAT identification number will be verified and the recipient shall be exempt from tax for that order.
  • • If the recipient is not liable to pay any VAT: the final cost will incorporate the French VAT.

Invoices for orders sent to France are inclusive of all taxes.
Products shipped to countries outside of the European union are exempt from taxes and duties.
Potential customs duties must be paid off by the recipient on arrival of the parcel.
These duties are beyond the control of VINTAGE SPIRIT COMPANY.
This Agreement is subject to French law for both substantive and formal rules. As such, the buyer is responsible for looking into the importation possibilities regarding the chosen country of delivery.

DISPUTES

This Agreement was initially written in French.

Should the customer be a non-French resident, disputes pertaining to the business relationship with VINTAGE SPIRIT COMPANY shall be subject to the exclusive jurisdiction of the French courts. Such measures shall not deprive affiliates residing outside of mainland France from the regulations under international agreements.

Dispute settlement:

Our Customer Service is at your disposal to resolve any contingent dispute and find an amicable solution.

You may use any of the following methods to contact us:

  • • on our website — via the blank form on the Contact Us page
  • • by phone — +33 4 92 24 94 05 (Monday through Friday, from 9:00 a.m. to 12:00 p.m., and 2:00 p.m. to 5:00 p.m.)
  • • by post — via letter to the following address:
    VINTAGE SPIRIT COMPANY
    Le Tomas, La Haute-Plaine
    05260 Chabottes, France

Should none of these amicable solutions prove satisfactory, customers may contact the Fevad (www.fevad.com), L@belsite (www.labelsite.org), or address the appropriate jurisdiction.

Appropriate jurisdictions:

These Terms and Conditions of Sale are governed by French law. Any dispute that may arise between the parties regarding, but not limited to, the validity, the interpretation, the enactment or the termination of the contract will be brought before the Court of Gap, France, or will be settled by the jurisdiction associated with the delivery location.

DATA STORING

VINTAGE SPIRIT COMPANY retains customer data. Such data contains information related to customer activity on the website, such as transactions, payments, placed orders, invoices and exchanges. This data is archived and stored by VINTAGE SPIRIT COMPANY in the safest possible way. Confirming an order should be taken as signing and agreeing to the aforementioned procedures.

COOKIES

The cookies created and used by the classic-all-blacks.com website allow for a better user experience and an optimised website browsing. Cookies can, for instance, keep track of your recently viewed products, or save your login and password details for future visits to the website. They also allows us to determine our website traffic, pages visited by users, or even their geographical origin. Cookies used on our website will not any kind of virus.

Disclaimer: cookies may be used by third-party providers to survey the products you have purchased or the pages you have visited, for instance.

The user may delete cookies saved to their computer at any moment. Numerous websites can teach you how to do so.

In compliance with the current French legislation, our website will prompt you with a message to warn you that the classic-all-blacks.com website uses cookies, and allow you to freely accept or decline such use.

INTELLECTUAL PROPERTY

The use of the services on classic-all-blacks.com is strictly reserved to a personal use.

For business purposes, VINTAGE SPIRIT COMPANY grants itself the right to collect individual-related data through the use of cookies, for instance. Such data will contain information and details regarding users.

Pursuant to the French data protection legislation #78-17 of January 6th, 1978, any person using the classic-all-blacks.com website has the rights to access, rectify or erase any data pertaining to them by simple request via our blank form on the Contact Us page.

All brands, texts, comments, manufactured items, pictures, images and audio tracks displayed on the CLASSIC ALL BLACKS website are protected by copyrights, trademark rights, patent rights and image reproduction rights. VINTAGE SPIRIT COMPANY has the full and complete ownership of the aforementioned website elements.

Any full or partial reproduction or representation constitutes an infringement and can lead to judicial proceedings.

The practice of 'deep linking' or 'framing' through the use of hyperlinks to the CLASSIC ALL BLACKS website is strictly prohibited.

The reproduction in whole or in part of VINTAGE SPIRIT COMPANY's catalogue is strictly prohibited.