Article 1

Any sale contracted electronically with our company on the www.ace-denim.com website is subject to these general terms and conditions of sale.

They can be consulted in French and printed according to the instructions on the client’s Internet browser.

For further information, the customer can contact customer service at: contact@acedenim.com

Article 2 – Identification of the Offerer

Company “Ace Denim”.
ELEPHANT Power SA
Registered in the Antibes Trade and Companies Register under number CHE-392.856.909
Head Office 48 Place du Midi, 1950 Sion, Switzerland
VAT: CHE-392.858.909

Contact email:

contact@ace-denim.com

Hosting company :

Infomaniak

Article 3 – Consumer Information

The customer receives the information provided for in Articles L 121-18 and L 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by these general terms and conditions of sale, which he declares to have read before the validation of his order and to which he has access from the website www.ace-denim.com

The photos of the items for sale on the website www.ace-denim.com have no contractual value and are likely to vary slightly from the items themselves.

Article 4 – Prices and Conditions of Validity

The services of the www.ace-denim.com website are offered in Metropolitan France, Corsica and Monaco, and in French.

The prices of products sold on the site www.ace-denim.com are indicated by article and reference and are inclusive of all taxes (including VAT) but excluding delivery costs.

At the time of validation of the order, the price to be paid by the customer is the all-inclusive price, i.e. the sum of the price including VAT of the items making up the order, plus delivery costs.

The connection costs inherent to access to the site remain the responsibility of the customer.

The conditions of validity of our product and price offers are determined by the updating of the site at the end of our collections or promotions and remain applicable as long as they remain accessible to us.

Delivery times will be indicated before the final validation of the order.

The products on sale on the website www.ace-denim.com are available within the limits of available stocks. Items that are completely out of stock are automatically removed from the site.

If the item or items ordered are unavailable after placing the order, Ace Denim will inform the customer by email and the order will be automatically cancelled and the customer immediately refunded.

Article 5 – Steps in the conclusion of the sale

1. Dial www.ace-denim.com

2. Follow the instructions on the site.

3. Follow the instructions necessary to open a customer account.

4. Fill in the order form.

5. Check the elements of your order, identify and correct any errors made during entry.

6. Validate the order, the total price of all items ordered excluding delivery costs and the all-inclusive price, i.e. all items, including delivery costs, by clicking on “Pay for your order” to pay.

7. To make the secure payment of your Ace Denim order, follow the instructions of our partner Ingenico’s secure payment server. Your bank account or Paypal account will be debited with the all-inclusive price including the total price of the items shipped and the shipping costs. 

8. You will receive an electronic acknowledgement of receipt confirming your order.

9. You will receive an electronic email confirming that your order has been shipped. If you have chosen to be delivered via La POSTE services, “colissimo”, a link to the website www.colissimo.fr to track your package will be sent to you in this email.

10. You receive your package at the delivery address you indicated when you placed your order.

Article 6 – Secure Payment

The payment of the customer’s purchases is made by French credit cards or via Paypal.

In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card number and the above-mentioned information, the customer authorizes ELEPHANT Power SA to charge his credit card for the total amount including VAT of his order (including delivery costs). 

The customer’s credit card is debited when validating the payment of the order.

To this end, the customer confirms that he is the holder of the credit card to be debited and that the name appearing on this credit card to be debited is his own and then communicates in a secure environment on the website of our payment partner SIX PAYMENT, the sixteen-digit number and expiry date, appearing on the front of his credit card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back of his credit card. 

At the final stage of payment validation, you will be asked for a code to verify the identity of the cardholder. This code will be sent to you by email or SMS within a few seconds. This step is part of the SIX PAYMENT’s “3D Secure” payment security process.

The customer certifies that he has the necessary authorizations to make the payment by credit card. In the case of payment by credit card without authentication, the payment order may be repudiated in the event of fraudulent use of the card, in accordance with the contract concluded between the customer and his bank.

Ace Denim reserves the freedom to verify the personal data provided by the customer and to adopt the measures it deems necessary (request for proof and/or cancellation of the order) to verify that the person whose bank account is debited is the one who placed the order and thus avoid any fraudulent use of credit card numbers on its site.

The ordered products remain the property of ELEPHANT Power SA until full payment of the invoice.

SIX PAYMENT is the only one, through its secure area, to have access to the customer’s banking information. This information does not pass in any way through the website www.ace-denim.com

Article 7 – Shipping and Delivery

SHIPPING :

All our orders are processed and shipped within 48 hours after placing the order. Except during the weekend because our warehouse is closed. Orders for Friday, Saturday and Sunday will therefore be shipped the following Tuesday. Except in case of a computer bug, in this case depending on the severity of the problem, our technicians will do their best to solve it as soon as possible. 

SHIPPING IN FRANCE:

You can choose the delivery methods:

– in So’Colissimo at your home. Shipping costs are free for any order in Europe.

The place of delivery must be located in Metropolitan France, Monaco, Corsica, Italy, Switzerland, Spain, Germany, Belegium, Luxembourg, Netherlands.

In all cases, the shipment is made by La Poste within 48 to 72 hours from the time the package is sent. 

INTERNATIONAL SHIPPING:

For all other destinations not included above the shipping costs are 20€.

You can opt for delivery to your home.

COLISSIMO FUNCTIONING

In the event of absence during a delivery So’Colissimo domicile, a notice of passage is deposited by the carrier: the customer must then go to the post office indicated on the notice of passage to collect his package within 15 days following the date of filing of this notice. He will need to provide himself with an identity document. After this period, the package will be sent back to Ace Denim. The Customer Relations Department e-boutique will then contact the customer for a possible reshipment at the customer’s expense, or a refund of the order.

FUNCTIONING OF THE SHOP DELIVERY (available soon)

To pick up his package in store, the customer must present an identity document or, in case of impossibility to come, the customer must notify the customer service of the name of the person authorized to pick up the package. We will then inform the shop. The package will be delivered to him against signature of a withdrawal form. The customer has a period of 1 month to pick up his package, after this period the package will be sent back to our warehouses. The Customer Relations Department will then contact the customer for a possible reshipment; in this case the shipping costs of 8 € will be at the customer’s expense. If the customer does not reply, Ace Denim will refund the shipping costs of 8 € for re-routing. We advise customers to open their packages at the store, so in case of non-compliant delivery, they can notify the store directly.

When drawing up the account opening form, communicating his personal data, his credit card number and the confidential data relating to it and validating the order, the customer undertakes to comply with these contractual conditions in application, the communication of these elements by electronic means being proof of his consent and commitment in application of Article 1316-1 of the Civil Code.

Ace Denim may refuse to honour any order that is abnormal or abusive in nature.

MAIL CONFIRMATION SHIPPING CONFIRMATION

When your package leaves our warehouses, you will receive a shipment confirmation email the same day. On this email is indicated the number of the Colissimo, so with this number you will be able if necessary to follow the progress of your package on the Colissimo site “tracking package”: http://www.colissimo.fr/particuliers/home.jsp

Each delivery is deemed to be made as soon as the product is made available to the customer, materialized by the delivery follow-up proposed on the Colissimo website mentioned above. 

DELIVERY DELAY

If 5 working days after the shipment of the package, the customer has no news of his order, he has the possibility to track the package on the Colissimo site with the number communicated in the email confirmation of shipment. If the indications say that the package is being delivered: * The package may be at your post office, it happens that the package could not be delivered and that no receipt was slipped into the mailbox. In this case, go to the post office with an identity document and the colissimo number. * the package may have been given to a third person (neighbour, caretaker…) you must then ask around you. 

LOST PARCEL

If neither the post office nor the Colissimo delivery tracking say they have a record of the package, the customer should contact Ace Denim Customer Service. We will then try to conduct an investigation to find out where the package is and what may have happened.

* If the package is returned to the sender for addressing problems, it will be returned to the customer unless the customer wishes to be refunded instead.

* If the package is declared lost, Ace Denim will be able to either send a new package with confirmation of the address or refund the order (products and shipping costs). If the information cannot be provided immediately by telephone, we will call back customers to advise them of the outcome of our investigation. 

OPENED, DAMAGED PACKAGE

It is the customer’s responsibility to check the shipments on arrival and possibly refuse the package, if it is likely to have been opened or if it bears clear signs of deterioration. If the customer receives the package and notices that the goods have been damaged, he must send his complaints by e-mail, within 7 working days, not including public holidays, following the delivery of the products. 

DELIVERY CONFORMITY

The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply in kind, quality or quantity with the specifications indicated on the delivery note, the customer must inform the customer service, we will then indicate the procedure to follow. 

DISCHARGE

The following are considered in particular as cases of force majeure relieving ELEPHANT Power SA of its obligation to deliver: war, riot, fire, flood, strikes, accidents, inability to be supplied….

As this is an electronic sale, no claim of any kind may be processed in the shop.

Article 8 – Return Policy

In accordance with the Consumer Code, Ace Denim grants the customer a cooling-off period. This is 15 (fifteen) clear days from the delivery date to reconsider the purchase decision and the return of the item(s) ordered.

Beyond this 15-day period, no returns will be accepted. The return request is made directly via your customer area, by selecting the order concerned. A “Make a return” button is then proposed to you, you must click on it and follow the procedure. You then have the option of requesting a refund of the returned product or keeping the amount of the product in the form of a credit note.

In all cases, the items must be returned in their original packaging, complete, labelled, new, unworn, unwashed. Accompanied by the invoice of the return slip that you will have to fill in (this form is systematically attached to the order). Once completed, this document must be included in your return package at the following address:

Ace Denim
Return Service
c/o New Vogue SAS
17 rue de l’Epau
59230 Sars

No refunds can be accepted in the Ace Denim store.

Returned items that do not meet the conditions listed above (return in their original packaging, complete, labelled, new, unworn, unwashed above) or that are damaged, damaged, deteriorated or soiled by the customer will not be refunded.

The risks of return are always the responsibility of the customer. The customer is therefore strongly encouraged to return the package by Colissimo tracking (without signature) which provides him with proof of its shipment, using the form received with the first shipment. It is advisable to keep the receipt of the return shipment until the package is delivered.

Conditions for the refund of returned products and payment of return costs

Once the goods have been received, controlled and accepted by our services, the refund of the returned items will be made by crediting the credit card used for payment, at the latest within 14 days following receipt of the return.

If the return is due to an error on our part, the “outward” and “return” delivery charges that have been paid by the customer will be refunded.

In all other cases, the cost of returning the items is the responsibility of the customer.

If the customer returns the entire order within the 15-day cooling-off period, the shipping costs of the original order will be refunded.

To be noted: Products purchased on the e-shop cannot be exchanged by mail.

The exchange is only possible in the shop, for a different size or a product of value greater than or equal to the returned item. It will take place within the limits of the stocks available in store. The customer can find the list and contact details of our shops in the “our shops” section of the website at the top of the home page.

To proceed with the exchange in the shop, the customer must also present himself with the purchase invoice and bring his product in its packaging, labelled, new, unworn and unwashed.

If the customer wishes to make an exchange by mail, he will have to return the product, then we will proceed to a refund. He will then have to repeat his order on the site.

For any other information, complaint or question relating to the conditions of sale by mail order set up by ELEPHANT Power SA or to the articles themselves, customers should contact the Customer Relations Department by e-mail at the following address: contact@ace-denim.com, quoting the order reference.

Article 9 – Warranty and Liability

The specific warranty conditions given to the customer with the delivered item and the items marketed on the site www.ace-denim.com are subject to the warranty conditions provided by law.

In the event of non-conformity of an article, the customer may, at his choice, after returning the product under the conditions of article 8, either be delivered with a product or article identical to the one ordered within the limits of available stocks, or be reimbursed for the article ordered within 15 days of his request.

The costs of returning the non-compliant product, as well as the delivery of another replacement product, will be the responsibility of Ace Denim.

These provisions do not deprive the customer of his right of withdrawal provided for in Article 8.

ELEPHANT Power SA cannot be held liable:

– in the event of a breach of contractual obligations due to a fortuitous event or force majeure.

– in the event of non-substantial differences between the photos, texts and illustrations of the articles on our website and the articles ordered.

Article 10 – Confidentiality of data

ELEPHANT Power SA is committed to protecting and ensuring the security and confidentiality of its Customers’ personal data. In the event of a violation of personal data, ELEPHANT Power SA notifies the CNIL of the violation in question as soon as possible, as soon as it is discovered. If the violation of personal data is likely to create a high risk for the rights and freedoms of an ELEPHANT Power SA Customer, ELEPHANT Power SA shall inform the data subject as soon as possible of the violation of personal data. In the table below, we present the personal data that we may collect and for what purpose. The first column shows the data collected and the second column the use made of it by ELEPHANT Power SA. 

1. Creation and management of a customer account, carried out in shops, on ELEPHANT Power SA websites or via social networks.

A- Data collected

-Name
First name – First name
-Trustworthiness
E-mail address
-Postal address
-Fixed telephone number
-Mobile phone number
-Date of birth
-Login, username and password
-Your size for different types of products sold by the company (low, etc.)
-Information on orders placed
-Profile on social networks from the moment you create an account via social networks

B – Use of this data 

-Manage your customer account
-Manage your orders
-Manage satisfaction surveys
-Contact you to answer your questions about our team
-Manage promotional actions that match your profile and preferences, from the moment you have agreed to receive them.
-Perform statistics

2. Subscribe to our newsletters and commercial communications via the Ace Denim website, our shops, contest games or via social networks.

A – Data collected

-Name
First name – First name
-Trustworthiness
E-mail address

B- Use of this data 

-Profile on social networks from the moment you create an account via social networks
-Personal preferences
-Manage promotional actions that match your profile and preferences, from the moment you have agreed to receive them
-Perform statistics

3. Relationship with our Customer Service

A – Data collected

-Name
First name – First name
E-mail address
-Postal address for delivery
-Postal address for invoicing
-Fixed telephone number
-Mobile phone number
-Information relating to any transaction, including products purchased
-Method of payment
-Purchasing history

B – Use of this data

-Answer all your questions
-Perform statistics

  1. Purchasing and order management in shops or on LCDVH SAS websites

A – Data collected

-Name
First name – First name
E-mail address
-Postal address for delivery
-Postal address for invoicing
-Fixed telephone number
-Mobile phone number
-Information relating to any transaction, including products purchased
-Method of payment
-Purchasing history

B – Use of data
-Contact you by any means at our disposal to help you finalize your order
-Inform you of the availability of a product you wish to purchase
-Process and ensure the good deliverability of your order
-Manage the payment of your order.
ELEPHANT Power SA does not receive, record or store any information about your banking information in any way. Payment information is collected directly by payment service providers (bank, Paypal)
-Manage any contact you have with us regarding your order
-Enhance your profile if you make a purchase with your account information

  • Evaluate your satisfaction following the purchase
    -Manage any dispute related to a purchase
    -Perform statistics
  1. Your browsing through cookies or similar technologies:

A – Data collected

-Connection data
-Pages consulted
-Advertisements you have clicked on
-Products you have been looking for
-Your location
-Duration of your visit
-Products you have chosen to compose your shopping cart.

B – Use of this data

-You ensure a harmonious navigation in relation to the device used (fixed computer, mobile phone, tablet, etc.)
-You propose ads related to your browsing history
-Perform statistics

  1. User-generated content

A – Data collected

-Name
First name – First name
-Trustworthiness
E-mail address
-Photography
-Editorial content
-Postal address
-Fixed telephone number
-Mobile phone number
-Date of birth
-Login, username and password
-Your size for different types of products sold by the company (top, bottom, sock
-Profile on social networks from the moment you create an account via social networks

B – Use of this data

-Post your comments or content on our online store or on our various social networks
-Promote our products to the Ace Denim community (its customers, newsletter subscribers, etc.)
-Perform statistics.

Your personal data are kept for the time necessary to achieve the purpose for which we hold the data, to meet your needs or to fulfil our legal obligations. We do not offer or sell your personal data to third parties. The personal data you provide to ELEPHANT Power SA may also be processed on our behalf by service providers and contractual partners

  • Partners who provide us with e-commerce solutions, hosting and maintenance.
  • Partners for order preparation and management, order delivery, management of our loyalty program and customer base (CRM), customer service management.

CONTACT

If you have any questions or comments about how we process and use your personal data, or if you wish to exercise your rights, please contact us at contact@ace-denim.com or write to us at the following address:

Ace Denim
5 route des Jeunes
1227 Les Acacias Geneva
Switzerland

Article 11 – Intellectual Property Rights

The “Ace Denim” brand, illustrations, logos and slogans, designs appearing on the site are and will remain the exclusive property of the Ace Denim company. Any total or partial reproduction, without the express prior consent of Ace Denim, is strictly prohibited pursuant to Articles L 335-2 and L 335-3 of the French Intellectual Property Code and constitutes an infringement and an offence.

Article 12 – Applicable Law

These general terms and conditions of sale and the commercial relationship between Ace Denim and the customer are governed by French law. Any dispute relating to the commercial relationship between Ace Denim and the customer shall be submitted to the jurisdiction of the French courts.