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General terms and conditions of sale

Terms and Conditions

That Original SAS, with a capital of 10 000€, whose registered office is at 8 place du 8 mai, 60110 Amblainville, registered in the Trade Register under the number 914 822 069 00011, with an intra-community VAT number FR 17 914 822 069, is the owner and manager of www.that-original.com (which includes all the domains and sub-domains linked to that-original.com). These Terms are available in English and French. These Terms apply to all users of the Website, regardless of how they access the Website, and will cover all technologies, devices and products that That Original offers on the Website. Please read the Terms carefully before using the Website and before placing an order or registering with That Original.

 

Each time you use the website, you indicate that you understand and agree to the terms and conditions of use whether or not you log in and/or register on the site by opening a customer account. If you do not agree with these terms and conditions of use, please do not log in or access the site or its services. You must read the T&Cs before placing an order. Consequently, the fact of placing an order implies your whole preliminary adhesion and, without reserve, with the CGV by clicking on the button "I read and I accept the general conditions of sale".

 

The terms and conditions of sale (the "T&Cs") detailed below apply to and form part of all orders and sales of products and services placed via the Site with That Original.

 

We reserve the right to change or modify these terms and conditions and the privacy policy, so each time you use this website, you should check these terms.

 

Contact information for the owner and manager of the www.that-original.com website

THAT ORIGINAL

8 place du 8 mai

60110 Amblainville

France 

If you wish to send documents by post, please send them to our head office:

THAT ORIGINAL

8 place du 8 mai

60110 Amblainville

France 

Contact

For any questions or complaints related to the use of the Website, please contact That Original: contact@that-original.com

1. Information on the Site and accessibility of the Site

that-original.com is an e-commerce website owned and operated by That Original.

 

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in case of interruption, programmed or not, by That Original or its service providers, for the needs of its maintenance and/or security or in case of force majeure (as defined below). That Original cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

 

That Original does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failures or interruptions. In this respect, That Original may determine freely and at its sole discretion any period of unavailability of the Site or its content. That Original cannot be held responsible for any data transmission, connection or network unavailability problems.

 

That Original reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the services, in a substantial and negative way, you can be informed of the modifications, but your acceptance is not required.

 

2. Services provided

That Original offers customizable clothing for women.

On the Site you will find detailed descriptions of the purchasing process, the customization steps, a description of the materials and detailed product sheets. The products and materials are visible in photos or in 3D. We try to accurately display the colors and details of our products on our Site. The actual colors you see may vary depending on your monitor. Unfortunately, we cannot guarantee that the colors displayed on your screen are completely identical to the color of the product at the time of delivery and/or receipt. The effect of your monitor or computer hard drive may affect the fabrics and design of the products, which means that the products may vary slightly from the images and illustrations displayed on the Site. We make every effort to display colors as accurately as possible.

 

All fabrics offered are subject to availability, which means that we cannot always deliver your order. We will keep you informed as soon as possible, if a product you have requested is not available. If you agree we can offer you an alternative with an equivalent, superior, or equal value product.

 

Your order can only be processed if the order has been confirmed and the payment made.

3. Registration on the Site

In order to place an order, you must first register on the Site by creating an account containing your information.

 

Your registration on the Site is validated by That Original after checking the standard form filled in. You will receive an email to define your password and finalize the creation of your account.

 

When creating your account, you must ensure that the information you provide is accurate and complete. You must always update your personal information. In case of error in the addressee's coordinates, That Original cannot be held responsible for the impossibility to deliver the products.

 

By registering on the Site, you declare and guarantee to That Original that you are of age and have the legal capacity to contract.

 

That Original may delete the customer account at any time, for any reason, at its sole discretion, without being held responsible for this.

4. Orders

Ordering on the Site is subject to the respect of the procedure set up by That Original on the Site including successive steps leading to the validation of the order.

 

The products are customized by the user via the "Personaliszation" page and then added to the Cart. This one summarizes the ordered products as well as the prices of each one. The basket can be freely modified before the validation of the order.

 

The validation of the order and the fact of clicking on the button "I have read and I accept the general terms and conditions of sale" are worth your confirmation of the acceptance of the GTC, of the purchased products, of their price as well as of the associated expenses.

 

A confirmation email summarizing the order (Product(s), price, quantity...) will be sent to you by That Original. For this purpose, you formally accept the use of e-mail for the confirmation by That Original of the content of your Order. The invoices are available in the "Account" section of the Site.

 

5. Refusal to process an Order

That Original reserves the right to withdraw at any time any product displayed on the Site and to replace or modify any content or information on the Site. In spite of That Original's best efforts to satisfy its customers' expectations, it may be necessary for That Original to refuse to process an order after having sent the recipient a confirmation email summarizing the order.

 

That Original shall not be liable to the customer or any third party for the harmful consequences of the removal of a product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an order after the confirmation email summarizing the order has been sent.

 

That Original also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order or who would have acted in disregard of the present GTC, or in case of objective suspicion of fraud.

 

That Original formally prohibits the use of its Site for professional purposes, in particular for the purchase for resale on a professional basis. Consequently, That Original reserves the right to refuse an order placed by a professional or by a person obviously acting for professional purposes, especially if the quantity of items ordered exceeds abnormally the needs of a consumer.

 

If the order has been paid, the full amount will be refunded.

 

6. Prices and payment terms

Unless otherwise stated, all sales are paid in cash at the time of order validation by the customer.

For all products purchased within the European Union, taxes are included.

For all orders outside the European Union, VAT is included, but customs and other taxes are not included and will be paid by the customer.

All orders must be paid in EUROS.

The payment of the purchases is done through the secured platform of our payment provider Up2pay e-Transactions.

That Original does not have access to your payment data which are directly transmitted to Up2pay e-Transactions.

During each transaction, Up2pay e-Transactions and the banks of the payment issuer proceed to an analysis of the transaction, in order to limit the risks of fraudulent behaviors. As a result of this analysis, some orders could be blocked. As such, That Original cannot be held responsible for any refusal to proceed with an order blocked for suspected fraud.

You expressly acknowledge that the communication of your credit card number during the order process is equivalent to an authorization to debit your account up to the price of the ordered products. If necessary, a notification of cancellation of the order due to non-payment will be sent to you by That Original on the email address communicated when you registered on the Site.

The data recorded and kept, except for payment data, by That Original constitute the proof of the order and of all the sales made. The data recorded by Up2pay e-Transactions constitute the proof of any financial transaction between the Customer and That Original.

That Original reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the registration and payment of the order, subject to availability.

7. Delivery

Delivery means the transfer to the Customer of the physical possession of the Products.

 

That Original manufactures and delivers within 4 to 5 weeks. Depending on the time of the year, such as during holiday periods, delivery times may vary. You will be informed by email following your order. These delays can also vary for deliveries outside the European zone.

 

In order for these deadlines to be met, please ensure that you have provided accurate and complete information regarding the delivery address (such as, but not limited to: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

 

Delivery times are indicative and do not take into account all external factors that may affect these delivery times. That Original guarantees the delivery time except for situations, events or circumstances out of our control (receiver is not available, unfavorable weather conditions, errors in the shipment data or legal proceedings).

 

Delivery is free for orders in France and Europe. Otherwise, the delivery costs will be indicated at the time of payment.

 

The delivery takes place by the reception of the products at the indicated postal address, being specified that this one must be the residence address of the customer, of a physical person of his choice or of a legal person (delivery to his company). When That Original takes care of the delivery of the product, the risks of loss or deterioration of the product are transferred to the customer at the time of the delivery.

 

Transport is ensured by Colissimo services, from Monday to Saturday, according to the option chosen by the client when validating his Order.

8. Right of withdrawal

In accordance with the provisions of Article L 221-5 of the Consumer Code, the buyer has the right to withdraw without giving reasons, within 14 days from the date of receipt of his order.

However, we inform the customers that the exercise of the right of withdrawal cannot be exercised for the products made according to the specifications of the consumer or clearly personalized (Article L 221-28 of the code of the consumption)

9. Modifications / Cancellation of the order

That Original allows changes or cancellation of an order only if it was made within 24 hours after the order confirmation. In this case, the amount of the order will be refunded.

After this period, That Original does not offer the possibility to cancel an order because the production has started and non-recoverable costs have been incurred (fabrics, cutting, manufacturing...)

10. After sales service and return policy

All our products are custom made and exclusively for each customer. That is why we cannot offer refunds. This is common in the field of custom clothing sales because the garment has no commercial value for us afterwards.

In order to satisfy all our customers, we offer a guarantee of adjustment.

A. Adjustment warranty

That Original offers an adjustment guarantee on all products. You can bring your garment to an adjustment shop to be reimbursed for the cost of the adjustments. The amount of alterations cannot exceed 25€.

To request a refund for alterations, please follow the steps below:

  1. Bring your garment to an adjustment shop near you
  2. Send an email to contact@that-original.com with the detailed invoice and your full contact information within 60 days of receiving the garment.
  3. That Original will reimburse the invoice up to 25€ within 30 days.
  4. If the order was paid with a gift card or a credit, the refund will be given as a credit for future purchases.

B. Order not received / damaged package

In order for us to offer solutions within the framework of our after-sales policy for any problem related to shipping (damaged package, lost or missing product), you must inform us by email at contact@that-original.com. Damaged packages must be reported within 7 calendar days of receiving the order.

 

11. Legal warranties

All the products on sale on the site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Code of Consumption) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing you to return the defective or non-conforming products delivered without charge. However, products that have been modified, repaired or worn are excluded from the warranty. The guarantee will not apply to apparent defects, or that the customer knew or could not ignore when ordering, especially with regard to the indications provided by That Original. The warranty will not cover products damaged after the transfer of risks to the customer, or because of a bad use.

If you notice a lack of conformity of the product, according to the article L. 217-5 of the Consumer Code, you can exercise the legal guarantee of conformity within two (2) years from the delivery of the product.

Your request must be sent by mail to That Original : contact@that-original.com

A. Warranty of conformity

When the legal guarantee of conformity is implemented, according to articles L. 217-9 and L. 217-10 of the Consumer Code, That Original commits itself :

- either to repair the product or to replace it with an identical product according to the available stocks, according to your choice, unless this choice entails a cost clearly disproportionate for That Original with regard to the other modality, taking into account the value of the product or the importance of the defect;

- or to refund the price of the product if the repair and replacement of a product would be impossible, or if the replacement or the repair as the case may be would present a major inconvenience, or if the replacement or the repair as the case may be cannot be implemented within one month from your request

B. Warranty against hidden defaults

If you notice a hidden defaults in the sense of article 1641 of the Civil Code, you can exercise the legal guarantee against hidden defects within two years from the discovery of the defect.

Your request must be sent to That Original by mail: contact@that-original.com

When the warranty against hidden defects is implemented, That Original commits, according to your choice and after evaluation of the defect :

- either to reimburse you the full price of the returned product,

- or to refund you a part of the price of the product if you decide to keep the product.

12. Force Majeure

In case of a force majeure event preventing the execution of the order or of the present GTC, That Original will inform you within fifteen (15) days from the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-out, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blocking of means of transport or supply for any reason whatsoever earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of That Original or of you, without any indemnity on either side.

13. Intellectual and Industrial Property

That Original's website and its contents, including services, programs, data, drawings, texts, graphics, logos, icons, buttons, as well as software, trade names, trademarks, drawings, illustrations, photographs or industrial designs and any other signs that may be used industrially and commercially, belong to and are the property of That Original and are protected by national and international legislation on intellectual and industrial property. In no case does That Original grant a license or waive the total or partial transmission of these rights nor confer any right to alter, transform, exploit, reproduce, distribute or publicly communicate the content without the express and prior written authorization of That Original or of the owners. The user can use the Site and its contents only for personal and private use. Any other use is prohibited and requires the user's express written permission from That Original. That Original uses reasonable efforts to ensure that this Site is free of viruses and other malicious or harmful content. You may use, download and print content from the Site solely for your own personal or non-commercial use. Except for your own personal use or for internal business purposes, you may not do any of the following without the prior written consent of That Original:

  • copy, reproduce, use or otherwise deal with any content of the website
  • modify, distribute or publish any content of the Website for any other purpose
  • reproduce the Website, introduce crawls, perform framing, create a deep link or deep linking to this Website on another website or any other website
  • use the content of the site for any commercial exploitation.

14. Obligations of users

In general, the user must always act in accordance with the law, morality and the requirements of good faith, due diligence and must not use the Website in a way that could prevent, damage or hinder the normal operation of the Website, property or rights That Original, suppliers, other users or in general any third party. In particular, and without implying any limitation to the foregoing section, while using the Website, the User shall:

  • Provide accurate and precise information on the data requested in the registration or order forms, and keep them up to date.
  • Not to enter, store or transmit on or from the Site any information or material that is defamatory, obscene, threatening, racist, inciting violence or discrimination based on race, sex, ideology, religion or in a manner prejudicial to morality or public order, fundamental rights, civil liberties, honor, privacy or image of third parties and in general any regulation.
  • Not to enter, store or transmit through the Site programs, data, viruses, code, or any other electronic or physical device that may damage the Site, any services, equipment, systems or networks of That Original, of any of That Original's other suppliers or in general of any third party.
  • Not to advertise or commercially exploit through the Site and not to use the content and information of the Site to advertise, or to send messages for any other commercial purpose, or to collect or store data from third parties.
  • Not to use false identities or impersonate others in the use of the Site or its services, including the use of passwords or access codes to third parties.
  • Not to destroy, alter, use for their own use, data or information, software or electronic documents of That Original, suppliers or third parties
  • Not to capture, store or transmit through the Site any content infringing intellectual property rights, industrial or trade secrets to third parties, and in general any content that is not in compliance with the law, the right to make available to third parties.

15. Protection of personal data

Our privacy policy, which sets out how we will use your information, can be found in the Privacy Policy section. By using this Site, you consent to the processing described therein and warrant that all data you provide is accurate and up-to-date. You are responsible for maintaining and promptly updating your account information to ensure its accuracy and completeness.

Your personal data will be stored and processed by That Original in the manner set forth in our Privacy Policy

All your account information is used only for the purpose of your business relationship with www.that-original.com. This information is never shared with third parties or resold for any other purpose than the execution of the services rendered by That Original.

Finally, your banking information is never in our possession. The transactions are entirely processed by Up2pay e-Transactions.

16. Social networks

These terms also apply to any postings you make on any website linked with That Original or pages like Facebook, Instagram, YouTube or any other social network. All comments, images, videos and other material posted on third party social networks do not necessarily reflect the opinions or ideas of That Original or its employees. Therefore, That Original is not responsible for such content. In any event, all resources posted on third party social networks must comply with these terms and with the terms of use associated with those social networks.

17. Cookies

Our Site stores information about computers' IP addresses and uses cookies. Cookies are small text files that contain information that websites send to the user's computer when you browse them. Cookies help us improve our Site and provide better, more personalized service. Specifically, they allow us to:

  • Make an estimate of the numbers and usage patterns
  • Store information about your preferences and personalize our website
  • Speed up your searches
  • Recognize you when you return to our site

You can refuse cookies by activating the setting in your browser that allows you to refuse cookies. However, if you disable cookies, you will not have access to many features of the site and some web services may be slowed.

18. Complaints and mediation

The customer can present any complaint by contacting the company at the following address 8 place du 8 mai, 60110 Amblainville.

In accordance with the provisions of articles L611-1 to L.616- of the Code of Consumption, the consumer is informed that he can resort to a mediator of Consumption under the conditions envisaged by the title 1st of the book VI of the code of consumption.

In case of failure of the complaint with the customer service, or in the absence of answer within 2 months, the customer can submit the dispute to a mediator who will try in all independence to bring closer the parts in order to obtain a friendly solution.

 

19. Juridiction

All the clauses appearing in the present T&C as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.

The nullity of a contractual clause does not entail the nullity of the present T&C.