Terms and Conditions of Sale
Preamble
Welcome to our website www.choos-in.com.
These Terms and Conditions of Sale are entered into between:
- Choos’in, represented by Géraldine IVALDI, a micro-business registered with the Nice Trade and Companies Register (RCS) under number 880 001 086, having its registered office at 8 Avenue François Ferry, 06230 Villefranche-sur-Mer, France (hereinafter referred to as “Choos’in” or the “Seller”);
- And any individual placing an Order on the website www.choos-in.com, hereinafter referred to as the “Buyer”.
Any Order placed on the website www.choos-in.com (hereinafter the “Website”) implies full and unconditional acceptance of these Terms and Conditions of Sale.
Seller Contact Details:
E-mail : contact@choos-in.com
Phone : +33 (0)6 58 33 44 99
The Website is hosted on the Hostinger platform and uses WooCommerce for order management and online payment processing (credit card and PayPal).
Article 1 - Definitions
- The “Buyer” means any individual browsing the website www.choos-in.com and/or wishing to purchase one or more Products offered for sale.
- The “Seller” means Choos’in, represented by Géraldine IVALDI.
- The Buyer and the Seller shall collectively be referred to as the “Parties” and individually as a “Party”.
- The “Contract” means these Terms and Conditions of Sale and any specific conditions applicable to certain offers and promotional operations.
- The “Products” mean all products available for sale on the Website.
Article 2 - Purpose and principles of application
2.1 These Terms and Conditions of Sale are intended to define the rights and obligations of the Parties in connection with the online sale of Products offered by the Seller to the Buyer through the website www.choos-in.com.
2.2 They apply exclusively to non-professional individuals.
2.3 These Terms and Conditions of Sale apply without restriction or reservation to all Products offered for sale on the Website. They are accessible on the website www.choos-in.com and shall prevail, where applicable, over any other version or any conflicting document.
2.4 Placing an Order in accordance with the ordering procedure available on the Website constitutes acceptance of these Terms and Conditions of Sale.
Article 3 - Validity
3.1 The Seller reserves the right to amend these Terms and Conditions of Sale at any time. However, Orders already placed shall remain governed by the version in force at the time the Order was confirmed.
3.2 Should any provision of these Terms and Conditions of Sale be found to be missing, it shall be governed by the practices in force within the distance selling sector for companies established in France. These Terms and Conditions of Sale shall remain valid until 31 December 2026.
Article 4 - Duration of the contract
4.1 These Terms and Conditions of Sale shall remain applicable until full performance of the Order and the expiry of all applicable statutory warranties.
Article 5 - Purchase conditions
5.1 The Buyer declares that they are at least eighteen (18) years of age and have the legal capacity to enter into obligations under these Terms and Conditions of Sale, or that they are a minor acting with the authorization of their legal representative.
5.2 The Seller reserves the right not to process an Order and/or to remove from its customer and prospect database any Buyer who has failed to respond to the request referred to above or who has not complied with the principles set out in this clause.
5.3 The Products are intended solely for personal and non-professional use.
5.4 Under no circumstances may the Website be used by professional resellers, whether acting individually or collectively, regardless of the method used to market their products.
5.5 Orders that are clearly intended for professional use may therefore be refused.
Article 6 - Offers and prices
1. Pre-contractual Information
6.1.1 Prior to placing any Order, the following information shall be provided to the Buyer in a clear and understandable manner:
- The essential characteristics of the Product (sizes, composition, colours, etc.);
- Photographs of the Product (minor differences may exist between a Product and its photograph, particularly due to the user’s screen resolution and colour display settings);
- Prices inclusive of all applicable taxes (VAT included) and shipping costs;
- Delivery times;
- The Seller’s contact details and identification information;
- Statutory warranties and the conditions governing the right of withdrawal.
2. Prices
6.2.1 The prices of the Products displayed on the Website are indicated in Euros, inclusive of all taxes (VAT included), excluding any contribution towards shipping costs, and shall remain valid for as long as they appear on the relevant Product description page on the Website.
6.2.2 All prices are subject to correction in the event of an obvious typographical error. In such a case, the Seller shall contact the Buyer to inform them of the error and remind them that the Order will be invoiced based on the corrected conditions. Should the Buyer refuse the corrected conditions (the actual applicable conditions), the Buyer shall be entitled to cancel the corrected Order without penalty.
6.2.3 The purchase price shall be payable in full in a single payment.
6.2.4 The Seller reserves the right to modify its prices at any time and without prior notice. Products shall be invoiced on the basis of the prices in effect at the time the Order is registered.
6.2.5 The amount of the shipping charges shall be communicated to the Buyer before the Order is confirmed.
6.2.6 Title to the Products shall remain with the Seller until full payment of the purchase price has been received.
6.2.7 Promotional offers are limited in time and may not be combined with any other promotional offer.
Article 7 - Product availability
7.1 The Seller undertakes to fulfil Orders received through the Website only within the limits of available stock.
7.2 As a general rule, information regarding Product availability is provided when the Buyer places an Order. Products available for sale are those displayed on the Website.
7.3 In the event that one or more ordered Product(s) become unavailable, the Buyer shall be informed within seven (7) days and may choose either an exchange or cancellation.
7.4 The Seller reserves the right to withdraw, modify, or replace any Product displayed on the Website at any time.
Article 8 - Ordering and order confirmation
8.1 The Buyer may place Orders online via www.choos-in.com twenty-four (24) hours a day, seven (7) days a week.
1. Placing an Order
8.1.1 The ordering process consists of the following steps:
- Selecting one or more Product(s) and adding them to the shopping cart;
- Reviewing the contents of the shopping cart;
- Logging into an existing account or creating an account and providing the information required to process the Order;
- Selecting the preferred delivery method and payment method;
- Carrying out a final review before confirming the Order;
- Applying a promotional code, where applicable, before payment.
- If, after final confirmation of the Order, the Buyer realizes that certain information needs to be modified, they may contact the Seller’s customer service department by email immediately so that the Seller may endeavour to accommodate the request to the fullest extent possible.
2. Order Processing
8.2.1 The Seller shall retain ownership of the ordered Product(s) until full payment of the purchase price has been received.
8.2.2 Orders shall be processed in the order in which they are effectively received and registered by the Seller. The Seller undertakes to process all Orders subject to product availability.
8.2.3 Choos’in reserves the right to cancel or refuse any Order placed by a Buyer with whom there is an existing dispute relating to the payment of a previous Order, or where the Buyer presents any form of risk as determined by the Seller.
3. Order Confirmation
8.3.1 A confirmation email containing a full summary of the Order shall be sent following successful payment.
8.3.2 Confirmation of the Order constitutes acceptance of these Terms and Conditions of Sale and the formation of the Contract.
8.3.3 For any questions relating to Order tracking, the Buyer may contact the Seller by email at: contact@choos-in.com.
8.3.4 In certain circumstances, including but not limited to payment failure, an incorrect address, or any other issue relating to the Buyer’s account, the Seller reserves the right to suspend the Order until the issue has been resolved.
4. Electronic Signature
8.4.1 Clicking to confirm an Order constitutes an electronic signature and signifies acceptance of these Terms and Conditions of Sale, in accordance with the French Act of 13 March 2000 relating to electronic signatures.
Article 9 - Payment and security
1. Payment
9.1.1 The amount due by the Buyer shall be the amount indicated in the Order confirmation.
9.1.2 Full payment shall be made online via WooCommerce at the time the Order is confirmed.
9.1.3 The Buyer may choose from the following payment methods. Purchases made on www.choos-in.com may be paid for, at the Buyer’s discretion:
- By credit or debit card;
- By PayPal (with or without a PayPal account).
No other method of payment shall be accepted.
9.1.4 All payments made on www.choos-in.com shall be processed exclusively in Euros (€).
9.1.5 An Order shall only be validated by the Seller after verification and confirmation of the validity of the payment.
9.1.6 The Products shall remain the property of the Seller until full payment for the Order has been received.
2. Data Security
9.2.1 Secure Transactions via HTTPS/TLS:
The Website uses a secure payment module for the collection of payment information. The payment process is protected by HTTPS/TLS encryption. TLS (Transport Layer Security) is a standard security technology that establishes an encrypted connection between a web server and a browser. This connection ensures that all data exchanged between the server and the browser remains private and secure. TLS is used by millions of websites to protect online transactions.
9.2.2 PCI DSS Compliance:
- The security of our users’ financial transactions is extremely important to us, and we are committed to protecting your information. For this reason, the payment module used on www.choos-in.comcomplies with the Payment Card Industry Data Security Standard (PCI DSS). PCI DSS is the highest information security standard for organizations that accept credit card payments. This standard ensures the privacy and confidentiality of cardholder data used to complete online transactions.
Article 10 - Invoicing
10.1 The Seller shall send an invoice to the Buyer by email to the address provided when placing the Order.
10.2 The Buyer is advised to save or print the invoice and retain it for future reference.
Article 11 - Livraison
11.1 Products shall be delivered to the address provided by the Buyer when entering their details during the Order process. The Buyer must provide their full address accurately and without abbreviations.
11.2 Orders are shipped via La Poste and are assigned a tracking number. The tracking number shall be sent to the email address provided by the Buyer prior to delivery of the Order.
1. Delivery Costs
11.1.1 Delivery costs shall be borne by the Buyer and are not included in the Product price.
11.1.2 A flat-rate delivery charge shall apply to each Order as a contribution towards shipping costs – for more information, please see the “Livraison” section.
2. Delivery Times
11.2.1 The Seller may require up to three (3) business days from the date the Order is registered to dispatch the Order.
11.2.2 The average delivery times usually indicated by the carrier (excluding order preparation time) for the various delivery zones are detailed above in the relevant table.
11.2.3 Delivery times are provided for information purposes only and are subject to force majeure events.
3. Delivery Delays or Delivery Issues
11.3.1 Any delivery delay must be reported by the Buyer as soon as possible by email to the Seller’s Customer Service Department.
11.3.2 The Seller shall take the necessary steps with the carrier to identify the cause of the issue.
11.3.3 The Seller shall not be held liable for any errors made by the Buyer when entering delivery information, nor for any consequences arising therefrom, including delays or delivery errors. If the delivery address provided by the Buyer is invalid and results in the parcel being returned as undeliverable, the goods may be reshipped to the Buyer at the corrected address provided by the Buyer, and the reshipping costs shall be borne by the Buyer.
11.3.4 Delivery delays shall not entitle the Buyer to claim compensation, damages, or interest.
11.3.5 If the Seller is unable to deliver the ordered Products due to a sudden, even temporary, unavailability of the Products, the Buyer shall be informed without delay by email. An equivalent Product may be offered to the Buyer, who shall remain free to accept or refuse it. Any amounts already paid by the Buyer shall be refunded as soon as possible and no later than thirty (30) days after payment was received.
4. Receipt of the Order
11.4.1 Delivery shall be deemed completed when the Product(s) are made available to the Buyer by the carrier.
11.4.2 The Buyer may track the delivery of their parcel using the tracking number provided on the carrier’s website.
11.4.3 Upon receipt of the Product(s), it is the Buyer’s responsibility to immediately verify the conformity and condition of the delivered Product(s). The Buyer may refuse delivery if the Product is damaged.
11.4.4 Any anomaly, reservation, or issue identified upon delivery (including delayed delivery, missing Product, or damaged Product) must be reported by the Buyer in a complete and precise manner at the time the Products are made available (in accordance with the carrier’s procedures) and/or confirmed by registered letter sent to the carrier within three (3) days following receipt of the Order.
11.4.5 The Buyer also undertakes to send a complaint letter to the Seller within three (3) days of the delivery date to report any damage or deficiency relating to the Products. A copy of the complaint submitted to the carrier must be attached.
Article 12 - Returns, Exchanges and Refunds
1. Returns
12.1.1 The Buyer reserves the right to return one or more ordered Product(s) if they are not suitable, or when exercising their Withdrawal Right under the conditions set out in Article 13 – Withdrawal Right of these Terms and Conditions of Sale.
12.1.2 The Buyer must notify the Seller by email at contact@choos-in.com or via the contact form within fourteen (14) days from the delivery date of the Order. Any claim submitted after this period shall not be accepted and the Seller shall be released from any liability.
12.1.3 For any return, the following procedure must be strictly followed:
- The Buyer must notify their intention to return a Product by sending an email to contact@choos-in.com or via the contact form.
- The Product(s) must be returned complete and in a condition suitable for resale: unworn, unwashed, unaltered, undamaged, in their original intact packaging and with the original tags still attached.
- The Buyer is informed that, for hygiene reasons, swimwear and underwear being returned must be tried on over clean underwear.
- Return shipping costs shall be borne by the Buyer.
- If the above conditions are not met, the Seller reserves the right to refuse the return of the Product(s).
- Returned Products must be sent by post to the following address:
Choos’in8 Avenue François Ferry – BAT 4 La Goélette
06230 Villefranche-sur-Mer
France
12.1.4 The risks associated with returning a Product, regardless of the cause, shall be borne solely by the Buyer. If the Product is lost during return shipment, the Buyer shall be solely responsible and must seek compensation from the postal carrier. No refund shall be granted by the Seller.
12.1.5 Any non-compliant return shall be rejected and the Seller shall be released from any liability.
2. Exchanges
12.2.1 Products will be exchanged (for an identical Product or a Product of equivalent quality and value) in the event of delivery of a non-conforming Product or a Product affected by a hidden defect. In such cases, please contact us by email at conctact@choos-in.com.
12.2.2 The Buyer may also request a return and place a new Order through the Website.
12.2.3 Return shipping costs shall be borne by the Buyer. However, such costs will be reimbursed if the Product is defective (non-conforming or affected by a hidden defect). In this case, please contact us and provide a photograph showing the defect.
3. Refunds
12.3.1 If the Buyer exercises their Withdrawal Right (cancellation of the Order), they may choose either a store credit or a refund of the purchase amount, excluding shipping costs paid by the Buyer.
12.3.2 If the Buyer chooses a refund, the Seller shall reimburse the Buyer within fourteen (14) days from receipt of the withdrawal request, subject to receipt of the returned Product(s).
12.3.3 Refunds shall be made to the bank card used for the original purchase.
12.3.4 Where reimbursement is made by crediting the Buyer’s bank account, the time required for the funds to appear depends on the type of bank card used. As an indication, for immediate debit cards, the current account is generally credited within three (3) to eight (8) days depending on the bank. For deferred debit cards, the credit usually appears at the end of the month on the card account rather than on the current account.
12.3.5 If the returned Product does not reach the Seller, the Buyer shall not be entitled to either a refund or store credit.
Article 13 - Withdrawal Right
13.1 The Buyer has a period of fourteen (14) days from the delivery date of the Order to exercise their Withdrawal Right without having to provide any reason or incur any penalty.
13.2 In the event the Buyer exercises their Withdrawal Right, and in accordance with Article L.121-21 of the French Consumer Code, the return costs shall be borne by the Buyer.
13.3 To exercise their Withdrawal Right, the Buyer must contact the Seller’s customer service department by email or by completing the return form and clearly communicate their decision to withdraw. The Buyer must specify the Order reference number and the Products concerned by the return.
13.4 The Product(s) must be returned in accordance with the conditions set out in Article 12 – Returns of these Terms and Conditions of Sale.
13.5 The Seller undertakes to reimburse the Buyer for all sums paid. The refund shall be made to the bank card charged for the Order within a maximum period of fourteen (14) days following the exercise of the Withdrawal Right, subject to compliance with the above conditions.
13.6 Any return request received by the Seller after the expiry of this fourteen (14) day period, for any reason whatsoever, shall not be accepted.
Article 14 - Warranties and Liability
14.1 For all stages of access to the Website, the ordering process, shipment of Products and subsequent services, Choos’in is bound only by an obligation of reasonable efforts. Choos’in shall not be held liable for any inconvenience or damage inherent to the use of the Internet, including service interruptions, external intrusion, computer viruses, or any event qualifying as force majeure under applicable law and case law.
14.2 Nothing in these Terms and Conditions of Sale shall deprive the consumer of the legal warranties afforded by law, including the Seller’s obligation to guarantee the Buyer against the consequences of hidden defects affecting the Product sold. Consequently, in the event of damage caused to a person or property by a defective Product, only the liability of the manufacturer may be sought by the Buyer, based on the information appearing on the Product packaging.
14.3 If you receive a defective Product as part of your Order, please send us an email including your Order number to notify us of the issue. We will then take the necessary steps to either send a replacement Product or issue a refund.
Article 15 - Customs Duties
15.1 Any Order placed on the Website and delivered outside the European Union may be subject to taxes and customs duties imposed when the parcel reaches its destination. Such taxes and customs duties relating to the delivery of a Product shall be borne exclusively by the Buyer and remain their sole responsibility.
15.2 Any additional customs clearance charges shall be borne by the Buyer. The Seller has no control over such charges.
15.3 Customs policies vary significantly from one country to another. The Buyer should contact their local customs authority for further information. Furthermore, when placing an Order on the Website, the Buyer is considered the importer of record and must comply with all laws and regulations of the country in which the Products are received.
Article 16 - Force majeure
16.1 The Seller shall not be held liable for any failure to perform the Contract in the event of Force Majeure. Neither Party shall be liable for the total or partial non-performance of its obligations under the present Contract if such non-performance is caused by an event constituting Force Majeure, disruption, or total or partial strikes, including but not limited to postal services, transportation services, communications networks (including computer network failures), flooding, fire, exceptional weather conditions, or any other event beyond the reasonable control of the Parties.
16.2 The Party invoking a Force Majeure event shall notify the other Party within five (5) Business Days following the occurrence or threatened occurrence of such event.
16.3 The Parties agree to consult with one another as soon as possible in order to determine the conditions under which the Order may be fulfilled during the Force Majeure event. If the interruption caused by Force Majeure exceeds one (1) month, the Seller may elect not to fulfil the Order, provided that any sums already paid by the Buyer are refunded where applicable.
Article 17 - Governing Law
17.1 These Terms and Conditions of Sale shall be governed by and construed in accordance with French law, both as regards substantive and procedural rules.
17.2 Should any provision of these Terms and Conditions of Sale be declared illegal, invalid, or unenforceable by a court decision, the remaining provisions shall remain in full force and effect.
17.3 In the event of a dispute, the Buyer shall first contact the Seller in order to seek an amicable resolution. Failing such resolution, the ordinary courts of France shall have exclusive jurisdiction.
17.4 The Seller provides the Buyer with customer support by email. The maximum response time for a complaint is seventy-two (72) Business Hours. If the response provided by the Seller does not satisfy the Buyer, an appeal may be submitted to the Seller’s customer service department. The Buyer may also contact the Seller by registered mail at the following address:
Choos’in
ATTN: Géraldine Ivaldi
8 Avenue François Ferry – BAT 4 La Goélette
06300 Nice
France
for the purpose of seeking an amicable settlement.
Article 18 - Personal Data Protection
18.1 Choos’in’s “Privacy Policy and Personal Data Protection Policy” is detailed in the Legal Notice section of the Website.
Article 19 - Intellectual Property
19.1 All content available on the Website is the exclusive property of the Choos’in brand.
19.2 Website content includes, without limitation, images, texts, drawings, graphics, videos, logos, symbols, trademarks, names, the Website structure and content, site architecture, visual identity, databases, and any other element composing the Website (hereinafter referred to as the “Website Content”). This list is non-exhaustive.
19.3 Accordingly, reproduction or use of all or part of the Website Content available at www.choos-in.com is authorised solely for personal and private informational purposes. Any reproduction or use of copies made for any other purpose is strictly prohibited without prior authorisation.
19.4 Any other use of the Website Content, without the prior written consent of Choos’in, shall constitute an infringement of intellectual property rights and may give rise to legal action.
19.5 The creation of any hyperlink to the Website homepage or to any other page of the Website is subject to the prior written approval of Choos’in.
Article 20 - Mediation
20.1 In the event of an unresolved dispute, the Buyer may use a free consumer mediation service through the European Online Dispute Resolution platform (ODR).
Article 21 - Amendments to the Terms and Conditions of Sale
21.1 The Seller reserves the right to amend or modify these Terms and Conditions of Sale at any time.
21.2 In the event of modification, the version of the Terms and Conditions of Sale in force on the date the Order is placed shall apply to that Order.
Article 22 - No Waiver
22.1 The failure of either Party to enforce any right or to require performance of any obligation under these Terms and Conditions shall not constitute a waiver of such right or obligation and shall not prevent its enforcement at a later date.