General Terms and Conditions (GTC)

Preamble:

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between THE FASHION HUGGER, a sole proprietorship registered under number 883101982, with its registered office at 320 rue Saint-Honoré 75001 Paris, (hereinafter referred to as “the Seller”) and any non-commercial natural person (hereinafter referred to as “the Client”) wishing to benefit from the services offered by the Seller via its website thefashionhugger.com (hereinafter referred to as “the Website”).

The purpose of these GTC is to define the terms of sale for the following service:

In-store personal shopping session in Paris (2h): https://www.thefashionhugger.com/shopping-tour-paris/

This service is accessible via online booking, with payment made by credit card directly on the Website. Any booking of a service implies the Client’s full and unreserved acceptance of these GTC. It is therefore imperative that the Client carefully reads the GTC before proceeding with any booking. The Seller reserves the right to modify or update these GTC at any time, the applicable conditions being those in force on the date of the order.

Article 1: Description of Services

The Seller offers a personal shopping service, available for purchase via the Website:

In-store personal shopping session in Paris (2h): This service consists of personalized in-store assistance in Paris, lasting two (2) hours. It includes:
– A preliminary interview (by phone or video conference, depending on the Client’s availability and preferences) lasting approximately 15-30 minutes to ascertain the Client’s needs, expectations, budget, and style. This interview helps define the objectives of the shopping session.
– Physical accompaniment in selected store(s) agreed upon with the Client, based on their needs and budget. The Seller advises the Client on their choices of clothing, accessories, and looks, taking into account their body type, tastes, and current trends.
– Personalized advice on cuts, colors, materials, and clothing combinations.
– The opportunity to try on clothes and benefit from the Seller’s opinion.

Article 2: Order and Booking Process

Orders and bookings for personal shopping services are made exclusively online via the Website, according to the following steps:

Service Selection: The Client selects the desired service and clicks on the corresponding button.
Date and Time Selection: The Client is redirected to a calendar or an online booking system integrated into the Website (if one is used). They choose an available date and time for their session. If no online calendar is used, you can indicate that the Client will be contacted after the order to arrange an appointment.
Information Entry: The Client fills in their contact details (last name, first name, email address, phone number) and, if applicable, any additional information useful for the proper execution of the service (stylistic preferences, preferred stores, etc.).
Order Summary: The Client views a summary of their order, including the type of service, date and time (if selected), total price, and account information (if applicable).
Acceptance of GTC: The Client must check a box to confirm their acceptance of these GTC before proceeding with the order process.
Payment: Payment for the service is made exclusively by credit card, via a secure payment platform (transactions are secured using an SSL encryption protocol). The Client is invited to verify the order summary before proceeding with payment. By validating the payment, the Client accepts these General Terms and Conditions of Sale.
Order and Booking Confirmation: Once payment is made and validated, the Client receives a confirmation email summarizing the order details, the date and time of the session, as well as practical information for the proper execution of the service. This confirmation serves as proof of booking. If the Client does not receive this confirmation, they are invited to contact the Seller as soon as possible.
Contact for Scheduling (if necessary): If the Client has not selected a date and time during the order, the Seller will contact them as soon as possible, by email or phone, to arrange an appointment for the service.

The order is considered final upon receipt of the email confirmation. The Seller reserves the right to refuse any order in the event of a previous dispute with the Client or non-payment of previous services.

Article 3: Prices and Payment Terms

The prices of the personal shopping services offered by the Seller are indicated in euros (€) and are exclusive of tax (HT). VAT is not applicable, in accordance with Article 293 B of the CGI (General Tax Code). If the legislation were to change or if the Seller became subject to VAT, the Client would be informed, and prices would be adjusted accordingly.

Important: The prices displayed concern exclusively the personal shopping service provided by the Seller and do not include in any way the cost of purchases that the Client might make in-store or online, following the advice provided. Purchases made by the Client remain their sole responsibility.

The prices of the services are as follows:

In-store personal shopping session in Paris (2h): €99 per person, all taxes included.

The Seller reserves the right to modify the prices of the services at any time and without prior notice. However, the prices applicable to a service are those in force on the day of booking and validation of the order by the Client. Any subsequent price modification cannot be applied retroactively to already validated orders.

Article 4: Payment Conditions

Payment for personal shopping services is made exclusively online, by credit card (Carte Bleue, Visa, Mastercard, etc.), via the secure payment platform Stripe.

Full Advance Payment: To ensure proper organization and confirmation of the booking, full payment for the service must be made no later than seven (7) calendar days before the scheduled start date of the service.

Payment Process:

Upon validating the order on the Website, the Client is redirected to the secure payment page.
The Client enters their credit card information and proceeds with payment.
A payment confirmation is sent to the Client by email, thereby confirming the service booking.

In case of non-receipt of full payment seven (7) days before the scheduled date of the service, the Seller reserves the right to cancel the booking without prior notice and without the Client being entitled to any refund or compensation. The Seller will inform the Client of this cancellation by email.

This seven (7) day period is put in place to allow the Seller to best organize the service, particularly concerning prior contact with the Client, preparation for the session (scouting stores for in-person sessions, preparing selections for remote sessions), and schedule management.

An invoice will be sent to the Client by email, to the address provided during the order, once payment is confirmed. This invoice will state the ex-tax amount of the service and the mention “VAT not applicable, art. 293 B of the CGI”.

Article 5: Payment for Purchases Made During the Service

It is important to emphasize that the prices of personal shopping services offered by the Seller exclusively concern the advice and accompaniment service provided by the Seller. Purchases made by the Client in-store or online remain their responsibility and are paid directly to the businesses or online merchants. The Client is not obligated to make purchases during the service.

During in-store personal shopping sessions, the Client pays for their purchases directly to the relevant businesses, according to the payment methods accepted by them (cash, credit card, check, etc.). The Seller does not intervene in any way in the financial transaction between the Client and the business.

During remote personal shopping sessions, the Seller provides the Client with direct links to products presented on online sales sites. The Client then makes their purchases directly on these sites, according to the payment methods offered by each site. The Seller is not responsible for any problems related to orders or payments made on third-party sites.

The Client is free to purchase or not purchase the items recommended during the service. No purchase obligation is imposed. The purpose of the service is to advise and accompany the Client in their choices, not to force them to purchase.

It is recalled that the Seller is not a reseller and does not receive any commission on sales made by businesses or online sales sites. Its role is limited to image and shopping consulting services.

Article 6: Cancellation and Refund Conditions

The Client benefits from a right of withdrawal in accordance with current legal provisions. This right may be exercised within a period of fourteen (14) days from the payment of the service, without having to provide reasons or pay penalties. To exercise this right, the Client must inform the Seller of their decision to withdraw by sending a clear written statement to the following email address: [email protected]. Once informed of the Client’s decision, the Seller has a period of fourteen (14) days to process the refund of all sums paid. The refund will be made by re-crediting the credit card used for the initial payment.

Cancellation by the Client:
If the Client wishes to cancel the service beyond the withdrawal period, the following conditions apply:

In case of cancellation more than 30 days before the scheduled date of the service, a 50% refund of the service amount will be issued.
In case of cancellation less than 30 days before the scheduled date of the service, no refund will be issued.

The refund, when due, will be made by re-crediting the credit card used for payment.

Modification of the service after payment:
Any request for modification of the date or time of the service after payment (excluding the right of withdrawal) will be subject to the Seller’s availability and cannot be guaranteed.

Cancellation by the Seller:
In case of cancellation of the service by the Seller, for any reason whatsoever, the Client will be fully refunded the sums paid. The refund will be made by re-crediting the credit card used for the initial payment.

In case of circumstances beyond the control of the Client or the Seller (such as strikes, exceptional store closures, or any other unforeseen event), solutions may be considered on a case-by-case basis. The Seller will endeavor to propose a new date for the service or, failing that, will proceed with a partial or total refund, depending on the situation.

Article 7: Appointment Conditions

In-store Sessions in Paris:

For in-store personal shopping sessions in Paris, the Seller and the Client will agree on a precise meeting point in Paris, accessible by public transport. It is expressly stated that the costs of public transport, taxi, parking, or any other means of transport used by the Client to get to the meeting point for an in-store personal shopping session in Paris are entirely at their expense. The Seller is in no way responsible for transport costs, parking costs, or any other costs related to the Client’s travel.

Article 8: Force Majeure

In case of force majeure, the Seller’s responsibility cannot be engaged for any delay or non-performance of the service. Cases of force majeure include, but are not limited to: strikes, exceptional bad weather (storms, floods), fires, epidemics, government decisions (travel restrictions, administrative closures), acts of terrorism, or any other unforeseeable and insurmountable event rendering the performance of the service under normal conditions impossible.

In the event of a force majeure event, the Seller will inform the Client as soon as possible. The parties will then agree either to postpone the service to a later date or to cancel the service. In the latter case, the Client will be refunded the sums paid, excluding any other compensation or indemnity.

The Seller cannot be held responsible for the consequences of a cancellation or postponement of a service due to force majeure.

Article 9: Service Conditions

The Seller undertakes to be present at the agreed time and meeting place for the in-store personal shopping service booking. The Client must also respect the defined appointment time.

In case of the Client’s delay, the Seller undertakes to wait for the Client for a maximum of 30 minutes. After this period, if the Client has not shown up, the service will be considered canceled, and no refund or postponement will be possible.

It is important to note that, even in case of Client delay, the duration of the service cannot be extended beyond the initially scheduled time. The session will therefore end at the scheduled time, without adjustment.

In case of the Client’s no-show without prior notification, the service will be canceled, and no refund will be granted.

Furthermore, services will be maintained even in case of rain or unfavorable weather conditions. The Client is invited to make their arrangements accordingly. However, in extreme cases of dangerous weather conditions (storms, floods, etc.), the Seller may postpone the service, in agreement with the Client.

Article 10: Website Content

Responsibility for Content:

The Seller strives to provide accurate and up-to-date information on its Website. However, it cannot guarantee the accuracy, completeness, or relevance of the information contained on the Website, particularly the texts and illustrations in the descriptions of each service. Consequently, the Seller disclaims all responsibility for the use that may be made of this information. The texts and illustrations in the service descriptions are provided for informational purposes only and cannot engage the Seller’s contractual liability.

Intellectual Property:

All content on the Website (texts, images, logos, graphics, videos, etc.), with the exception of elements belonging to third parties and duly identified, is the exclusive property of the Seller and is protected by intellectual property laws. Any reproduction, representation, modification, distribution, adaptation, translation, dissemination, even partial, of any element of the Website, by any process whatsoever, without the prior written authorization of the Seller, is strictly prohibited and constitutes an infringement likely to lead to legal proceedings.

Inaccuracies and Omissions:

The content of the Website may contain inaccuracies, omissions, or typographical errors. The Seller makes every effort to correct them as quickly as possible, but cannot be held responsible for these imperfections and disclaims all responsibility for any direct or indirect damages that may result therefrom. The information contained on the Website is provided for informational purposes only and is subject to change.

Contact:

For any questions regarding the Website content or Credits, you can contact the Seller at the following address: [email protected]

Article 11: Liability

In case of a dispute relating to the execution or interpretation of these general conditions or the services provided, French courts shall have sole jurisdiction.

During personal shopping services, the Client and, where applicable, accompanying participants, act under their sole civil liability. The Seller cannot be held responsible for incidents occurring during the service, including but not limited to: theft, personal injury or property damage, or any other direct or indirect damage caused during the service.

The Client is also responsible for any behavior or action causing damage in the stores or places visited during the service. By booking a service, the Client declares that they hold a valid civil liability insurance policy covering any potential damages caused by themselves or the participants during the service.

Furthermore, the Seller has subscribed to a professional civil liability insurance policy with the insurance company Hiscox, in order to cover any incidents falling under its own professional responsibility.

Article 12 : Confidentiality

The Seller undertakes to respect the confidentiality of information exchanged with the Client within the framework of personal shopping services. Personal data communicated by the Client during booking or during the service (name, address, clothing preferences, etc.) will be processed in accordance with current data protection legislation and will not be sold or shared with third parties without the Client’s explicit consent.

In case of photos or videos taken by the Client during the service, the Client must obtain the prior consent of the Seller as well as any other person appearing in these photos or videos before publishing them on the Internet (social networks, blogs, etc.). Non-compliance with this rule engages the Client’s sole responsibility in case of violation of privacy or image rights of the persons concerned.

No audio or video recording of the service (in whole or in part) is authorized without the explicit written consent of the Seller. Any unauthorized recording would constitute a violation of these general conditions and could lead to legal action.

The Seller also undertakes not to record or share visual, audio, or other content related to the service, without the Client’s consent. Similarly, the Seller will not disclose the Client’s personal information or service details for commercial or advertising purposes without their agreement.

Article 13: Personal Information

The Seller undertakes to respect the confidentiality of personal information communicated by the Client during booking or performance of the service. No personal data (such as last name, first name, address, phone number, email address, or any other information) will be disclosed to third parties without the explicit consent of the Client, except within the framework of legal obligations.

In accordance with current data protection regulations, particularly the General Data Protection Regulation (GDPR), the Client has a right to access, modify, rectify, and delete information concerning them. The Client can exercise this right at any time by contacting the Seller by email at [contact email address].

If the Client finds an error or wishes their personal data to be updated or deleted, they can make a request and the Seller undertakes to correct or delete the information concerned as soon as possible.

Personal data collected is used solely for client relationship management, order processing, and service follow-up. The Seller takes all necessary measures to ensure the security and confidentiality of data, particularly by protecting it against any unauthorized access, alteration, or disclosure.

The Client also has the option to define directives concerning the fate of their personal data after their death, in accordance with applicable legislation.

Article 14: Applicable Law and Dispute Resolution

These General Terms and Conditions (GTC) are a translation of the French version, which shall prevail in case of any dispute. Any dispute relating to their interpretation, execution, or validity, which could not be resolved amicably, will be submitted to the exclusive jurisdiction of the French courts.