These General Terms and Conditions (hereinafter the "GTC") define the terms and conditions according to which the company VESTITS B.S a company incorporated under Andorran law with a capital of 3,000.00 euros, registered in the RCS of Andorra under the number 17 434,00whose head office is Residencial Sol-Esqui, Edifici A, 3R PIS, 5A Porta - EL TARTER, CANILLO (Andorra), (hereinafter referred to as "Residencial Sol-Esqui"). B.S JACKETS ") will allow the Customer to Order Products and use the Site.

  1. - Definitions

Throughout the remainder of these GTC and any other related contractual documents, capitalized terms shall have the following meanings, in the singular and plural:

  • « Customer " : the client of VESTITS B.S, the Product(s) Commander on the Site.

  • Order": any order of Products by the Customer to VESTITS B.S. "Order": any order of Products by the Customer to VESTITS B.S. , "Order" , "Commander," "Commanded," any order of Products by the Customer from VESTITS B.S.

  • "Account": The Customer's account on the Site, accessible by his login and password, and containing his personal information and his history on the Site;

  • "Party" : VESTITS B.S and/or the Client ;

  • " Privacy Policy " VESTITS B.S.'s privacy policy, accessible on the Site.

  • "Product(s)" : products marketed by VESTITS B.S.

  • "Site" the site https://www.masques-tissus.com/ and its components (computer code, graphic elements, databases, documentation, etc.) published by the company VESTITS B.S, as well as any other means of displaying the site (for example a mobile application).

The Customer is invited to read these GTC carefully, to print them and/or to save them on a durable medium.

  1. - Application of the GTC and purpose

    1. - Application and amendment of the GTCs

VESTITS B.S. reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to an Order are those in force at the date of the Order.

These GTC are applicable regardless of the country of origin and country of visit of the Customer.

In the event of translation into another language, the French version shall be authoritative.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in these Terms and Conditions, the Privacy Policy and the legal notices of this Site.

    1. - Subject

The Site allows the Customer to Order the Products of VESTITS B.S. and offers various contents relating to the Products and the activity of VESTITS B.S..

    1. - Acceptance of GTCs

Registration on the Site and its use, as well as any Order, implies the Client's acceptance without reservation of the entirety of the present Terms and Conditions.

This acceptance will be expressed by ticking the box corresponding to the sentence of acceptance of these Terms and Conditions when registering on the Site and before the validation of an Order, with the mention for example "...". I acknowledge that I have read and accepted all the general terms and conditions of the Site. "or other equivalent.

Checking this box will be deemed to have the same value as a handwritten signature.

    1. - Legal capacity

Acceptance of these Terms and Conditions, use of the Site, and any Order implies that the Customer has the necessary legal capacity to do so.

The Customer declares that he is a legal entity constituted in accordance with the legislation in force in his country of origin.

The person who represents the Client declares and guarantees that he has the right to bind the said company or other legal entity to these GTC.

If VESTITS B.S. is informed that a Client does not have legal capacity or does not comply with the conditions of registration on the Site, his Account may be immediately closed, without notice and without engaging the liability of VESTITS B.S. Any Order placed in the absence of legal capacity may also be cancelled under the same conditions.

    1. - Compliance with legislation

The Site complies with French regulations. Consequently, VESTITS B.S. shall not be held liable if a Customer located outside French territory consults the Site, or Orders Products, in the event of non-compliance with applicable foreign regulations.

In particular, the Customer must be aware of the applicable local and national laws. VESTITS B.S. shall not be held liable in the event of non-compliance with these laws.

  1. - Characteristics, conformity of Products

    1. - General

The Products marketed include fabric protective masks for non-sanitary use (UNS 1 and 2), as well as washable over-blouses (SB 165).

The Customer must ensure that any user of the Products is informed of the constraints of use detailed in this Article". Characteristics, conformity of the Products ", under his own responsibility. VESTITS B.S. shall not be liable if the user has not been informed of this by the Client.

    1. - Product Characteristics

The Products are described in a description drawn up by VESTITS B.S..

VESTITS B.S. describes the actual characteristics of the Products on the basis of the elements at its disposal or provided to it by its suppliers. However, these may differ marginally, which the Customer accepts, without this constituting a poor performance of its obligations by VESTITS B.S..

The graphic elements (photographs, videos, illustrations) illustrating the Products on the Site do not constitute contractual documents and are presented for illustration purposes only and not for information. They must not be considered by the Customer as a determining element of the consent to place an Order. VESTITS B.S. shall not be held liable if the Products delivered are not identical in all respects to those presented at the time of the Order.

The Products are not intended for use by caregivers, but only by persons not caring for COVID-19 patients. They are intended for those who must continue to work to meet the needs of the population during the health crisis related to COVID-19 and who are in regular contact with the public:

  • Health care personnel who do not care for patients with VIDOC-19: private physicians, pharmacists, nurses, orderlies, paramedics, etc.

  • The forces of law and order: police, gendarmes, military, security guards, etc.

  • Workers in the food sector: supermarket and petrol station employees, shopkeepers, etc.

  • People working in the transport sector: lorry drivers, delivery drivers, postal workers, etc.

  • The personnel of companies and industries who have to travel to their place of work: agricultural employees, craftsmen, order-pickers, etc.

VESTITS B.S. shall not be liable for the consequences of the use of the Products by COVID-19 patients' nursing staff, and in particular for any possible contamination of the Products by COVID-19.

    1. - Product Compliance

The Customer is invited to read any information attached to the Product or carried on the Product or its packaging, in particular information related to possible precautions of use, conditions and restrictions of use.

The Customer is responsible for ensuring that the Products correspond to his expectations and needs.

The Products are manufactured in compliance with the Community regulations applicable to them. VESTITS B.S. therefore undertakes to market Products that meet the standards, legislation and regulations applicable to this type of Product.

The masks are of type UNS 1 or 2 ( https://www.masques-tissus.com/masques-barrieres-uns-1-et-uns-2-utilisation-et-performance/ ), and SB 165 type over-blouses.

These Products are not considered medical devices within the meaning of EU Regulation 2017/745, also known as "surgical masks". The UNS 1 and UNS 2 masks should also not be confused with personal protective equipment as defined in Regulation EU/2016/425, known as "...". filter masks type FFP2 ».

The Products are manufactured in such a way that they can be used under the following conditions, on the basis of an obligation of means and not of results :

  • About 10 times for the masks.

  • 50 to 100 times for over-blouses.

VESTITS B.S. only undertakes to comply with the technical constraints established by the Direction Générale de l'Armement (DGA) in its specifications ( https://www.csfmodeluxe-masques.com/uploads/1/2/9/1/129160673/20200330_lettre3.pdf ), and according to the AFNOR standards ( https://www.afnor.org/actualites/coronavirus-telechargez-le-modele-de-masque-barriere/ ). However, VESTITS B.S. shall not be held liable in the event of contamination with COVID-19 of any person using the Products, or if the technical constraints of the DGA and/or the AFNOR standards are insufficient.

The Products are washable but the Customer must respect the usual hygiene measures and the care advice provided by VESTITS B.S ( https://www.masques-tissus.com/recommandations-dutilisation-et-de-manipulation/ ), as well as the advice offered at the following addresses:

VESTITS B.S. shall not be liable if the Client does not comply with these recommendations.

  1. - Product Availability

VESTITS B.S. will inform the Customer of the availability of the Products prior to the Order, and in particular if the Product is in stock, being restocked or currently unavailable.

In the event of unavailability of the Products not foreseen prior to the Order, VESTITS B.S. will inform the Customer of the replenishment period. If this delay is longer than fifteen (15) calendar days, the Customer will have the possibility to modify his Order, or to cancel his Order and obtain a refund of the unavailable Products, on the payment method used at the time of the Order. This refund will be made within fourteen (14) days of the Customer's choice being taken into account.

  1. - Delivery

    1. - Terms and conditions of delivery

The delivery terms will be indicated on the Site, and at the time of the Order.

The applicable delivery times will also be indicated.

Delivery is made, according to the Customer's choice, by one of the delivery service providers specified on the Site. If the Client is offered the choice of a delivery service provider, VESTITS B.S. will make its best efforts to use this service provider, without being obliged to do so.

    1. - Delivery charges

Delivery charges shall be indicated before any payment is made by the Client for an Order, and shall be invoiced in addition to the price of the Products. Delivery costs may vary according to the place of delivery and the chosen carrier.

    1. - Place of Delivery

Orders can be shipped worldwide.

Delivery shall be made to the place indicated by the Customer at the time of the Order, who must ensure that he has not made any error in entering his place of delivery.

    1. - Customs

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares himself to be the importer of the Product and accepts that in such a case VESTITS B.S. may be materially unable to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Any tax not indicated during the Order process may be charged to the Customer by the country concerned, in accordance with the legislation applicable in the Customer's country.

VESTITS B.S. shall not be held responsible for any blocking or seizure carried out by the customs of the country in which the Product is to be delivered.

    1. - Delivery time

VESTITS B.S. shall use its best efforts to deliver the Products within the time limit indicated on the Order.

The Customer will be notified by VESTITS B.S. of the date of shipment. It is the Customer's responsibility to ensure that the Order can be received by him or any person present at his delivery address.

    1. - Transfer of ownership and risk

Ownership of the Products is transferred by VESTITS B.S. to the Client by the Client's full payment for the Products. In this respect, if the Client is subject to receivership or judicial liquidation, VESTITS B.S reserves the right to claim, within the framework of collective proceedings, the Products sold and remaining unpaid.

Delivery may be made to the Customer himself or to any person present at the address indicated at the time of delivery.

Any risk of loss, theft or damage to the Product(s) is transferred to the Customer at the time of signing the delivery note or receipt of the Products, if no signature is required.

    1. - Refusal of parcels

The Customer or the person receiving the Order may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, damaged Product...).

Any anomaly must then imperatively be indicated on the delivery slip, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order.

To exercise his right of refusal, the Customer or the person receiving the Order must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods.

The Products making up the Order may not be used until the Order has been returned.

If the Client fails to comply with these requirements, the Client will not be able to exercise his right of refusal, and VESTITS B.S. will not be obliged to accede to the Client's request to exercise his right of refusal.

If the Client's package is returned to VESTITS B.S, VESTITS B.S will contact the Client upon receipt of the returned package to ask the Client what action to take on his Order.

If VESTITS B.S. or the person receiving the Order has mistakenly refused the package, it may request its return by first paying the postal charges for the new shipment. Postal charges must be paid by the Customer.

    1. - Return of parcel

In the event that the package is returned to VESTITS B.S., for any reason whatsoever, through the fault of the Customer (in particular in the event of an incomplete delivery address, failure to retrieve the package, a missing entry on the letterbox, etc.), the reshipment of the Products will be subject to the Customer paying the new delivery costs.

The Products will only be reshipped once VESTITS B.S. has received full payment of the new delivery charges.

    1. - Loss by the carrier

VESTITS B.S. shall not be held liable for any indirect or immaterial damage or loss, whatever the cause, related to the loss or damage of the Client's shipment by the carrier, nor for the direct or indirect pecuniary consequences resulting therefrom.

  1. - Warranty

The Products marketed by VESTITS B.S. are subject to the legal guarantees of articles 1641 to 1649 of the Civil Code (guarantee of hidden defects).

In order to apply these guarantees, the Customer must notify VESTITS B.S. of Product defects, including a detailed explanation of the problem encountered.

If the complaint is a hidden defect, the Customer can then, at his choice:

  • Either be delivered of a Product of equivalent quality and price.

  • Either be refunded the price of the Product Ordered within fourteen (14) days following confirmation of the defect by VESTITS B.S.

The Customer has a period of two (2) years from the Order date to implement this guarantee.

This warranty is also excluded if the Product has been used by the Customer prior to the application of the warranty.

The costs of delivery of a new Product will be borne by VESTITS B.S.

In the event of implementation of the guarantee, the Customer must contact customer service at the e-mail address given in these Terms and Conditions.

VESTITS B.S. will then inform the Customer of the procedure to be followed for the return, and where applicable, the refund of the Product.

  1. - Orders

    1. - Control Mode

The Customer may place an Order for Products on the Site or by any other means offered by VESTITS B.S..

Prior to his first Order on the Site, the Customer must create an Account.

    1. - Order Stage

The steps of the Order on the Site are as follows:

  • Creation of an Account by the Customer if it is his first Order or connection to his Account if it already exists;

  • Choice of the Products that the Customer wishes to Order, and placing them in the shopping cart;

  • Validation of the basket by clicking on the validation button ;

  • Provision of Customer identification and Product delivery information;

  • Choice of delivery terms ;

  • Choice of payment method for the Order and provision of billing information;

  • Visualization of the summary of the Order (articles, price, delivery method, payment method) for final validation;

  • Acknowledgement and validation of the GTC by the Customer;

  • Validation of the Order, including a mention that the Order implies an obligation to pay;

  • VESTITS B.S. will send an Order confirmation e-mail to the Client, upon receipt of payment from the Client, containing the entire Order and specifying the delivery terms and conditions.

The Order shall be constituted upon receipt of payment from the Customer by VESTITS B.S..

The contact details and information provided by the Customer must be up to date and real. If this is not the case, VESTITS B.S. cannot be held responsible in the event of delivery difficulties or errors on the part of the Client.

    1. - Order Error

VESTITS B.S. shall in no way be held liable for any error in the choice of Product, for any typing error made by the Customer when placing the Order (in particular address), or for any other information provided that is erroneous, nor for any consequences thereof, in particular delays or delivery errors. In this case, if VESTITS B.S. accepts, on a strictly commercial basis, a reshipment, the costs incurred by a possible reshipment will be borne by the Customer.

    1. - Refusal of the Order

VESTITS B.S. reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems following the provision of incomplete and/or inaccurate information by the Customer, abnormally high Orders compared to Orders usually placed by the Customer or Orders placed in bad faith.

    1. - Archiving

VESTITS B.S. will archive the purchase orders and invoices on a reliable and durable support constituting a faithful copy. The computerised registers shall be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.

  1. - Prices and payment terms

    1. - Awards

Unless otherwise stated in writing, the prices shown on the pages of the Site are prices in euros excluding taxes (HT), to which the VAT applicable on the day of the Order will be added and excluding any contribution to processing, shipping and transport costs.

The price indicated on the Site does not include shipping costs, to be paid by the Customer, in addition to the price.

VESTITS B.S reserves the right to pass on any change in the VAT rate.

VESTITS B.S also reserves the right to modify its prices at any time. Nevertheless, the price indicated on the day of the Order shall be the only one applicable to the Customer.

The price is net and without discount. The proposed rates include the discounts and rebates that VESTITS B.S. may be led to grant in view of its results or the assumption by the Client of certain services.

    1. - Payment

The Client may pay by credit card, bank transfer or by any other means offered by VESTITS B.S. The Client guarantees VESTITS B.S. that he is the holder of the means of payment used to pay for the Order and that he has sufficient funds to fully cover the payment of his Order.

Unless specifically agreed by VESTITS B.S., the Order shall not be considered as constituted until payment has been received in full by VESTITS B.S..

The payment will be debited at the time of the validation of the Order by the Customer.

In the event that it is impossible to debit or collect the sums due in settlement of the Order, for any reason whatsoever, the Order may be cancelled, without prejudice to the damages that VESTITS B.S. may claim to compensate for its loss.

Credit card payments are made by means of secure transactions provided by a payment service provider acting in accordance with the rules of art.

VESTITS B.S. does not have access to any data relating to the Customer's means of payment except for the last digits of the Customer's bank card. Payment is made directly in the hands of the bank or payment service provider receiving the Customer's payment.

    1. - Late payment

Any late payment may give rise to the invoicing of late payment penalties without any prior formal notice being necessary. The rate of these penalties is equal to three times the legal interest rate and is applicable from the first day of delay. A sum of forty (40) euros may also be invoiced for collection costs.

The charging of default interest and administrative collection costs does not prevent VESTITS B.S., at its discretion, from taking legal action to obtain additional damages.

In the event of a payment incident, VESTITS B.S. reserves the right to cancel the Order immediately and without formal notice, without the Customer being able to claim any compensation or incur the liability of VESTITS B.S..

  1. - Customer Service

Customer service is available by e-mail at the following address: [email protected] .

  1. - Responsibility

    1. - General

VESTITS B.S. shall not be held liable for any direct or indirect damage resulting from the visit of a Client or third party to the Site, or from the use or inability to use the Site.

This limitation of liability applies to any kind of indirect damage, including but not limited to business interruption, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance.

VESTITS B.S. shall also not be liable for damage caused by malicious software, viruses or any inaccuracy or omission of information on the Site, unless the damage results from a deliberate act or gross negligence on the part of VESTITS B.S..

    1. - Sale of Products

VESTITS B.S. shall only be liable for direct damage caused to the Customer in connection with the sale of Products.

VESTITS B.S. shall in no event be held liable for any indirect damage caused to the Customer in connection with the sale of Products.

This limitation of liability applies to any kind of indirect damage, including but not limited to business interruption, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance.

It is also recalled that VESTITS B.S. shall only be liable within the limits of Article "...". Characteristics, conformity of the Products ", to the exclusion of all other liability.

VESTITS B.S.'s sole obligation is to supply a Product that complies with the specifications indicated on the Site and at the time of the Order, to the exclusion of any other, which the Customer accepts.

In all cases, and for whatever reason, the liability of VESTITS B.S. for any damage suffered as a result of an Order for Products may not exceed the value of the said Order.

  1. - Site and Account

    1. - Website

The Site is freely accessible and free to use to any Customer.

Each Customer may only create one Account on the Site.

Access to the Site may be restricted at any time to allow maintenance, repair or updating of the Site.

VESTITS B.S. does not undertake any obligation of quality of service for its Site, and will make its best efforts to ensure that it is accessible.

VESTITS B.S ensures the secure use of the Site. However, given the nature of the Internet, VESTITS B.S cannot guarantee absolute security of the Site and is only bound by an obligation of means.

    1. - Site Contents

The content appearing on the Site is developed by VESTITS B.S or its partners.

These are for information purposes only and do not commit VESTITS B.S. in any way whatsoever.

VESTITS B.S. shall not be liable in any way whatsoever if the Client takes any action on the basis of the content appearing on the Site.

    1. - Login and password

The Customer will proceed to the creation of an Account, by choosing his login (email address) and a password.

The Client must also provide the information necessary for VESTITS B.S. to properly fulfil its obligations.

This Account will be used by the Customer to access his account on the Site and proceed with the Orders.

The Customer is responsible for providing a strong and sufficiently complex password. VESTITS B.S. shall not be liable in the event of access to the Account by a third party, by brute force attack.

    1. - Account Usage

The Customer is responsible for the security and use of his account identifier and password. In particular, the Customer must ensure that these are used in accordance with these Terms and Conditions.

VESTITS B.S. shall not be liable for any unauthorised use of the Account by a third party, and shall not be liable for any damage caused by such use.

If the Customer becomes aware that his Account is compromised or used without authorisation, or any other security flaw related to his Account, he must inform VESTITS B.S as soon as possible.

VESTITS B.S. shall not be liable if it is impossible for the Customer to access the Site.

However, VESTITS B.S. may, at any time, close and delete the Account without having to warn the Client, in the event of a breach of the provisions of these GTC, without any compensation being claimed by the Client. VESTITS B.S cannot be held liable in this respect. However, VESTITS B.S. may hold the Client liable and claim damages in this respect if the Client has not complied with these GTC.

    1. - Security

The Customer undertakes not to act in the following manner, without this list being restrictive:

  • Act in a manner that could compromise the operation of the Site,

  • Attempt to access a third party's Account,

  • Attempt to access the servers (outside the normal use of the Site) or computers on the VESTITS B.S. network,

  • Attempting to upload viruses, Trojan horses, or any other invasive or illegal programs to the Site or its servers,

  • Extract data from the Site without prior written permission from VESTITS B.S,

  • Use the Site in an unlawful manner or in violation of these TOS or any applicable law.

    1. - Account Data

The Customer undertakes to provide real information on his Account, which is used by VESTITS B.S. to perform its contractual obligations.

In accordance with the Article "Personal Data", the Customer may also request the deletion of his Account, in accordance with his right of access and rectification from the RGPD. In this case, the Client's Data will be deleted by VESTITS B.S.

  1. - Intellectual Property

The texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site, as well as the Products, are :

  • the property of VESTITS B.S, or ;

  • if applicable, the property of a third party who has provided a user licence to VESTITS B.S.

These elements are protected worldwide.

These GTC do not grant any intellectual property rights to the Client, who may not reproduce any of the elements of the Site, in whole or in part, without the prior written consent of VESTITS B.S..

Any partial or total reproduction of these elements may constitute an infringement. VESTITS B.S. reserves the right to take any action necessary to enforce its rights and make good its prejudice.

  1. - Personal Data

The collection and processing of Personal Data is governed by the Privacy Policy, which can be accessed at the following address: https://www.masques-tissus.com/politique-de-confidentialite/ .

  1. - General

    1. - Entire agreement

These GTC shall prevail over any other stipulation potentially applicable to the relationship between VESTITS B.S. and the Client. These GTC cancel and replace any prior commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter hereof.

    1. - Exclusive

No exclusivity is concluded between the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.

    1. - Survival of certain stipulations

The end of the present GTC, for whatever reason, shall not apply to clauses whose nature or content require their maintenance.

    1. - Partial invalidity

If any provision(s) of these Terms and Conditions is/are held to be invalid or declared as such pursuant to any law, regulation or final decision of a competent court, it/they shall be deemed to be unwritten. The other stipulations will retain their full force and scope.

    1. - Non-waiver and tolerance

The fact that VESTITS B.S. does not claim from the other Party a breach of any of the obligations referred to in these Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question and shall not have the effect of granting the other Party acquired rights.

A failure or delay in the exercise of a right by VESTITS B.S. shall not be construed as a waiver of that right.

    1. - Independence

Neither Party may make a commitment in the name and/or on behalf of the other. Furthermore, each Party shall remain solely responsible for its acts, allegations, commitments, services, products and personnel.

    1. - Evidence

The Parties agree that all electronic communications, including e-mail, shall be evidenced to each other.

In particular, the Client acknowledges the evidential value of the automatic registration systems of VESTITS B.S. and, unless he can prove otherwise, he waives the right to contest them in the event of a dispute.

    1. - Force Majeure

Within the framework of the execution of these GTC, VESTITS B.S. shall not be held liable in the event of failure to perform its obligations due to any event of force majeure.

For the purposes of these Terms and Conditions, force majeure is understood as any unforeseeable, irresistible event outside the Parties within the meaning of French law and jurisprudence.

In the event of the occurrence of a case of force majeure, this will have the effect of suspending the execution of the obligations of VESTITS B.S, which will do its best to limit the consequences and resume the execution of the GTC as soon as the event or circumstances of force majeure have disappeared or ceased.

    1. - Applicable law and jurisdiction

The law applicable to the present contract is French law, whatever the country of origin of the Customer.

The GTC are written in French, and the French version shall be authentic even in the event of translation into another language.

Any dispute relating to the execution or interpretation of these GTC, not amicably resolved between the Parties, will be submitted to the competent court of the registered office of VESTITS B.S, including in matters of summary proceedings, third party proceedings or multiple defendants, and regardless of the country of origin of the Customer.