Terms and Conditions

The Seller, the company AGAIN, with SIRET 894 723 857 00013, whose VAT number is FR 96 894 723 857 and whose registered office is located at 21 rue Duperré, 75009, PARIS (the "Seller") is engaged in the online sale of clothing.

The Seller markets the aforementioned items through an e-commerce website www.again-store.com (the "Site").

The Site is hosted by the company OVH.

The publication director of the site is Mr. Basile Dadaux.

The site is reserved for retail sales to individual consumers acting for personal purposes (the "Customer").

The general terms and conditions of sale (the "GTC") detailed below apply and form an integral part of all orders and sales of items placed via the Seller's Site.

The Customer has the ability to save or edit these general terms, with the understanding that both saving and editing this document are solely their responsibility.

The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in effect on the date the order is validated by the Customer.

The online store set up by the Seller as part of its Site mentions the following information:

– legal notice enabling precise identification of the Seller

– presentation of the essential characteristics of the items offered

– indication, in euros (including taxes), of the price of the goods and, where applicable, participation in shipping costs

– indication of the terms of payment, delivery, or execution

– existence of a right of withdrawal

All information on the site www.again-store.com is presented in French.

The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.

These General Terms and Conditions of Sale are reserved solely for consumers, as defined by law and jurisprudence, acting exclusively for their own account.

In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.

The professional also provides the consumer with information regarding their identity, postal, telephone, and electronic contact details, as well as their activities, and, where applicable, information relating to legal guarantees, the functionalities of digital content, and, if relevant, its interoperability, the existence and methods of implementing guarantees, and other contractual conditions in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.

Furthermore, the Customer receives the information specified in Article L. 221-11 of the Consumer Code, both before and after the conclusion of the sale, particularly through these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all sales of Goods and Services by the Seller made through the Site.

The Customer declares that they have read these General Terms and Conditions of Sale before validating the Order as per Article 5.

The validation of the Order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to Orders placed for Delivery in mainland France, including Corsica and Monaco, as well as Germany, Italy, Portugal, England, Belgium, and Spain (the "Territory").

This Agreement comes into effect on the date of Validation of the Order as defined in Article 5.

The Agreement is concluded for the duration necessary for the provision of Goods and Services, until the expiration of the guarantees and obligations owed by the Seller.

In order to place the Order, the Customer must follow the mandatory steps outlined below:

1. Enter the Website address;
2. Follow the instructions on the Site, particularly the instructions necessary to open a customer account;
3. Fill out the order form. In case of prolonged inactivity during the login session, it is possible that the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to restart their selection of Goods and Services from the beginning;
4. Verify the elements of the Order and, if necessary, identify and correct any errors;
5. Validate the Order, the Total Price, and the All-Inclusive Price (the "Order Confirmation");
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.

The Customer then receives an electronic confirmation of payment acceptance for the Order without delay. The Customer also receives an electronic acknowledgment that serves as confirmation of the Order (the "Order Confirmation"). The Customer receives an electronic confirmation of the shipment of the Order. Delivery will take place at the delivery address indicated by the Customer during the Order. Throughout the various stages of the Order mentioned above, the Customer agrees to comply with these contractual conditions in accordance with Article 1366 of the Civil Code.

The Seller is committed to fulfilling the Order only within the limits of available stock of the Goods. If the Goods are unavailable, the Seller agrees to inform the Customer.

However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith, or for any other legitimate reason, particularly if there is a dispute with the Customer regarding the payment of a previous order.

The price of the Goods and Services sold on the Site is indicated respectively by item and reference or by service and reference. At the time of Order Validation, the amount payable includes the All-Inclusive Price. The telecommunication costs related to accessing the Site are the sole responsibility of the Customer. The validity period of the offers and Prices is determined by the updates to the Site.

The payment of the All-Inclusive Price by the Customer is made either via PayPal or by credit card through the secure platform of the payment service provider used, Payplug. The transaction is immediately debited from the Customer's credit card after verification of the details, upon receipt of authorization from the card issuer used by the Customer.

In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay made through a payment card is irrevocable. By providing the information related to their credit card, the Customer authorizes the Seller to debit their credit card for the amount corresponding to the All-Inclusive Price.

For this purpose, the Customer confirms that they are the holder of the credit card to be debited and that the name on the credit card is indeed theirs. The Customer provides the sixteen digits and the expiration date of their credit card, as well as, if applicable, the numbers of the visual cryptogram.

If the debit of the All-Inclusive Price is not possible, the Online Sale will be immediately terminated by right, and the Order will be canceled.

The Seller does not have access to the Customer's payment data, which are directly transmitted to Payplug or PayPal.

Delivery refers to the transfer of physical possession of the Products to the Customer (the "Delivery").

8.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.

8.2. Delivery Address
The Customer selects a Delivery address located within the Territory, or the Order may be refused. The Customer is solely responsible for any failure of Delivery due to a lack of indication during the Order process.

8.3. Amount of Shipping Fees
The amount of Shipping Fees depends on the total of the Order and the delivery method chosen by the Customer. In any case, the amount of Shipping Fees is indicated to the Customer prior to the Validation of the Order.

8.4. Delivery Times
Delivery Times are available on the Site and may vary based on the availability of the Goods ordered. Delivery Times are understood in working days and correspond to the average preparation and shipping times of the Order within the Territory. Delivery Times run from the date of Order Confirmation by the Seller.

8.5. Delay in Delivery
In the event of a Delay in Delivery, the Order is not canceled. The Seller will inform the Customer by email that the Delivery will be late. The Customer may then decide to cancel the Order and send an email to the Seller providing a notice of cancellation of the Order. If the Order has not yet been shipped at the time the Seller receives the notice of cancellation from the Customer, the Delivery is blocked, and the Customer will be refunded any amounts debited within fourteen days following the receipt of the notice of cancellation. If the Order has already been shipped at the time the Seller receives the notice of cancellation from the Customer, the Customer can still cancel the Order by refusing the package. The Seller will then refund the amounts debited as well as the return costs incurred by the Customer within fourteen days following the receipt of the return of the refused package, provided it is complete and in its original condition.

8.6. Tracking Delivery
The Customer can track the status of the Order processing in the designated area on the Site.

8.7. Verification of the Order upon Arrival
The Customer must verify the condition of the packaging as well as the Products upon Delivery. It is the responsibility of the Customer to make any necessary reservations and claims on the carrier's delivery slip in the form of "handwritten reservations," or even to refuse the package if it is clearly damaged upon Delivery. Additionally, these reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to claim within the aforementioned timeframe voids any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.

The Customer must ensure that the Goods delivered correspond to the Order. In the event of non-compliance of the Goods in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the Seller's customer service by email at contact@again-store.com and return the Goods to the address indicated in the conditions of Article 8.

The Customer has a right of withdrawal that can be exercised within 14 calendar days following the date of receipt or collection of the Order. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the first working day following.

A Customer wishing to exercise their right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete and unused. The right of withdrawal can be exercised either by logging into their customer account in the 'orders' section or by using and sending the model withdrawal form found in Appendix 1 of the General Terms and Conditions of Sale, by mail to the following postal address: 21 rue Duperré, 75009, PARIS, or by email at contact@again-store.com.

The Customer cannot exercise the right of withdrawal for a Product made according to their specifications, used, worn, washed, damaged, or unsealed.

The return of the Products is covered by the Seller if the delivery location falls within the Territory defined in Article 3.

The Seller will refund the Order no later than fourteen (14) days from the date they are informed of the Customer's decision to withdraw, provided the Product subject to the right of withdrawal has been received within this timeframe.

The Seller will process the refund using the same payment method that was used for the payment of the Order.

Refunds for an order paid for with an e-gift card, gift card, or credit will be automatically issued as credit.

The Seller is subject to the legal warranty conditions provided in Articles L. 211-4, L. 211-5, and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:

Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. They are also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation if the latter was the seller's responsibility under the contract."

Art. L. 211-5 of the Consumer Code: "For goods to conform to the contract, they must:
1º Be suitable for the usual use expected of similar goods and, if applicable:

• correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
• present the qualities that a buyer can legitimately expect according to public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
  2º Or present characteristics that have been mutually agreed upon by the parties or be suitable for any special use sought by the buyer, disclosed to the seller and accepted by them."

Art. L. 211-12 of the Consumer Code: "The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods."

Art. 1641 of the Civil Code: "The seller is liable for the warranty against hidden defects of the sold item that make it unfit for its intended use or that diminish its use to such an extent that the buyer would not have purchased it or would have paid a lower price if they had known of the defects."

Art. 1648 of the Civil Code: "The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. In cases provided for in Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year from the date on which the seller can be discharged of the apparent defects or non-conformities."

The above provisions do not exclude the application of the legal warranty against hidden defects per Articles 1641 and following of the Civil Code, in accordance with the provisions of Article L. 217-4 of the Consumer Code.

The buyer may exercise these warranties by sending their request to:
Société AGAIN [21 rue Duperré, 75009, PARIS]

When the Buyer acts under the legal warranty of conformity, the provisions of Article L217-4 of the Consumer Code apply:
"The goods conform to the contract if they meet, where applicable, the following criteria:
1° They correspond to the description, type, quantity, and quality, particularly regarding functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are suitable for any special use sought by the consumer, disclosed to the seller at the latest at the time of the conclusion of the contract and accepted by the seller;
3° They are delivered with all accessories and installation instructions, which must be provided in accordance with the contract;
4° They are updated in accordance with the contract."

Article L217-5 of the Consumer Code also states:
"I. - In addition to the criteria for conformity to the contract, the goods conform if they meet the following criteria:
1° They are suitable for the usual expected use of goods of the same type, taking into account, if applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the relevant sector;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements they contain are provided in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, they are provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, considering the nature of the good and the public statements made by the seller, by any upstream party in the transaction chain, or by a person acting on their behalf, including in advertising or labeling.

In this respect, the Consumer:

• will benefit from a two-year period from the delivery of the goods to take action;
• may choose between repair or replacement of the goods, subject to the cost conditions provided in Article L. 217-9 of the Consumer Code;
• will be exempt from proving the existence of the non-conformity of the goods during the six months following the delivery of the goods.

The warranty of conformity will apply independently of any commercial warranty granted. The Buyer may also decide to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, and in this case, they may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The Seller's brand AGAIN, as well as all figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on the Goods, their accessories, and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and in any medium, without the express and prior consent of the Seller, is strictly prohibited. This also applies to any combination or conjunction with any other trademark, symbol, logo, and more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model, and patent that are the property of the Seller.

Please note that certain information is mandatory and necessary for processing your request. Failure to respond to a mandatory field may jeopardize the proper follow-up of your file. The personal information provided is recorded in a computerized file by the Seller. We will only process or use your data to the extent necessary to contact you, ensure the processing of your requests, create and manage your user profile, create and manage your access to our online services, or conduct statistical studies.

Your personal information will be retained for as long as necessary until the completion of our services, unless:

• You exercise your right to delete your data, as described below;
• A longer retention period is authorized or imposed in accordance with a legal or regulatory provision.

During this period, we implement all means capable of ensuring the confidentiality and security of your personal data, preventing its damage, deletion, or access by unauthorized third parties. Access to your personal data is strictly limited to our staff and, if applicable, to our subcontractors. Subcontractors are subject to a confidentiality obligation and can only use your data in accordance with our contractual provisions and applicable legislation.

Aside from the cases mentioned above, we commit not to sell, rent, assign, or give access to third parties to your data without your prior consent, unless we are compelled to do so for legitimate reasons (legal obligation, prevention of fraud or abuse, exercise of defense rights, etc.).

In accordance with the "Data Protection Act" of January 6, 1978, as amended, and the European Regulation No. 2016/679/UE of April 27, 2016 (applicable from May 25, 2018), you have the right to access, rectify, transfer, and delete your data or limit processing. You can also, for legitimate reasons, oppose the processing of your data.

You can, provided that you produce valid proof of identity, exercise your rights by contacting the data controller of the company AGAIN. If you do not wish to receive our updates and solicitations (by phone, SMS, mail, or email) and invitations, you have the option to inform us via the designated link, modify your choices by contacting us as outlined above, or, if applicable, by changing your online profile settings. This also applies if you do not wish to receive updates, invitations, or promotional offers from our partners.

For any further information or complaints, you can contact the National Commission for Data Protection and Liberties (more information available at www.cnil.fr).

Finally, we inform you of the existence of the "Bloctel" opposition list for telemarketing, where you can register (https://conso.bloctel.fr/).

The Seller's performance of its obligations under this Agreement shall be suspended in the event of an unforeseen circumstance or force majeure that hinders or delays its execution. The Seller shall notify the Customer of the occurrence of such an unforeseen circumstance or force majeure within 5 days from the date of the event.

If the suspension of the Seller's obligations continues for more than 30 days, the Customer has the option to cancel the ongoing Order, and the Seller will then proceed to refund the Order.

Nullity of a Clause of the Agreement

If any provision of this Agreement is found to be null and void, this nullity shall not entail the nullity of the other provisions of the Agreement, which shall remain in force between the Parties.

Modification of the Agreement

Any amendment, termination, or abandonment of any clause of this Agreement shall only be valid after written and signed agreement between the Parties.

Independence of the Parties

None of the parties can make commitments on behalf of and/or for the account of the other Party. Furthermore, each Party remains solely responsible for its representations, commitments, performances, products, and personnel.

Non-Waiver

The failure of either Party to assert any obligation by the other Party under these Terms shall not be interpreted in the future as a waiver of that obligation.

In accordance with Article L. 612-1 of the Consumer Code, 'Every consumer has the right to use a consumer mediator free of charge in order to achieve an amicable resolution of the dispute with a professional.'

Disputes entering the scope of Article L. 612-1 of the Consumer Code are defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature concerning the execution of a sales contract or the provision of services, opposing a consumer to a professional. This text covers both national and cross-border disputes.

For any difficulties, we invite you to contact us beforehand or to contact our customer service:
Basile Dadaux
+33 7 86 12 39 88
contact@again-store.com

Customer service:
Sympl
sav@sympl.fr

An online dispute resolution platform is available to you:
https://ec.europa.eu/consumers/odr/main/?event=main.trader.register&lng=FR

Only claims related to the Online Sale of Articles will be considered.

Furthermore, the Customer always has the option to take legal action to resolve a dispute. All disputes must be submitted exclusively to the competent courts of the Paris Court of Appeal or, when the Customer is a consumer, to any legally competent court.

This Agreement shall be governed by French law.

Any dispute arising from the formation, interpretation, or execution of this Agreement shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of PARIS, notwithstanding the presence of multiple defendants or third-party claims.