Preamble
 
These general terms and conditions of sale apply to all sales made on the website uptrade.fr.
 
The website https://uptrade.fr is a service provided by:
•    The company Uptrade 
•    Located at 13 Rue Gilbert Clerfayt, 94300 Vincennes, France
•    Website URL: https://uptrade.fr
•    Email: bonjour@uptrade.fr

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The website uptrade.fr sells the following products: Fabric.

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order.
Order confirmation therefore constitutes acceptance of these general terms and conditions.

Article 1 – Principles
 

These general terms and conditions express the entire agreement between the parties. In this regard, the buyer is deemed to accept them without reservation.

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These general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or sales through other distribution and marketing channels.

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They are accessible on the website uptrade.fr and shall prevail, if necessary, over any other version or conflicting document.

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The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to occasionally modify these terms. The modified terms will be applicable as soon as they are published online.

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If any sales condition is missing, it will be considered governed by the prevailing practices in the distance selling sector where companies are headquartered in France.

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These general terms and conditions of sale are valid until December 31, 2024.

 
Article 2 – Content
 

These general terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the website uptrade.fr.

These conditions apply exclusively to purchases made on the uptrade.fr website and delivered within mainland France or Corsica. For any delivery to overseas territories (DOM-TOM) or abroad, please send a message to the following email address: charlotte.billot@uptrade.fr.

These purchases concern the following products: Fabric.
 
Article 3 – Pre-contractual Information
 

The buyer acknowledges having received, prior to placing the order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.

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The following information is communicated to the buyer clearly and comprehensibly:

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• The essential characteristics of the goods;

• The price of the goods and/or the method of calculating the price;

• Where applicable, all additional transport, delivery, or postage charges, and any other costs that may be incurred;

• If the contract is not executed immediately, the date or deadline by which the seller undertakes to deliver the goods, regardless of the price;

• Information concerning the seller’s identity, postal, telephone, and electronic contact details, and business activities, as well as information on legal warranties, the functionality of digital content, and, where relevant, its interoperability, along with the existence and terms of any guarantees and other contractual conditions.

Article 4 – Orders
 

The buyer may place an order online from the online catalog using the provided form for any product, subject to availability.

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The buyer will be informed of any unavailability of the product or item ordered.

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To validate the order, the buyer must accept these general terms and conditions by clicking in the designated area. They must also choose a delivery address and method, and confirm the payment method.

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The sale will be considered final:

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• After the seller sends a confirmation of order acceptance by email to the buyer;

• And after the seller receives full payment.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any disputes in this regard will be handled under the conditions set out in the exchange and warranty clauses below.

In certain cases, particularly in the event of non-payment, an incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the order until the issue is resolved.

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For any questions regarding order tracking, the buyer can:

• Call the following number: +33 6 50 65 84 20 (local call rate), Monday to Friday from 10:00 AM to 5:30 PM,

• Or send an email to: charlotte.billot@uptrade.fr.

Article 5 – Electronic Signature
 
Providing the buyer’s credit card number online and the final validation of the order shall constitute proof of the buyer’s agreement:
-  To the enforceability of the amounts due under the purchase order;
-  To the signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited to immediately contact the seller upon discovering the issue at the following phone number: +33 7 49 62 59 33.
 
Article 6 – Order Confirmation
 
The seller provides the buyer with an order confirmation via email.
 
Article 7 – Proof of Transaction
 
The computerized records kept in the seller’s computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
 
Article 8 – Product Information
 
The products governed by these general terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.

The products are described and presented as accurately as possible. However, if any errors or omissions occur in this presentation, the seller cannot be held liable.
Product photographs are not contractually binding.
 
Article 9 – Prices
 
The seller reserves the right to modify prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery charges, which are billed in addition and shown before the order is confirmed.

Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of the products in the online shop.

If one or more taxes or contributions, particularly environmental ones, are created or modified, whether increased or decreased, this change may be reflected in the sale price of the products.
 
Article 10 – Payment Method
 

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.

To pay for the order, the buyer may use any of the payment methods provided by the seller and listed on the seller’s website. The buyer guarantees the seller that they have any necessary authorizations to use the chosen payment method at the time of confirming the order.

The seller reserves the right to suspend order processing and delivery in the event of a refusal of payment authorization by officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to deliver or fulfill an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is ongoing.

Payment of the full price must be made on the day of the order, using the following method:

 

• Credit card

 
 
 
Article 11 – Product Availability – Refund – Contract Termination
 

Except in cases of force majeure or during clearly announced periods of closure of the online store (as shown on the homepage), shipping times are, subject to stock availability, as indicated below. Shipping times start from the date of order confirmation sent via email.

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For deliveries in mainland France and Corsica, the delivery time is 7 days from the day after the buyer places the order, using Chronopost or Mondial Relais. At the latest, the order will be delivered within 30 working days after the contract is concluded.

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For deliveries to French overseas territories or other countries, delivery terms will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or period is not met, the buyer must first request the seller to fulfill the order within a reasonable additional time before terminating the contract.

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If the seller does not fulfill the order within this new period, the buyer may then cancel the contract.

The buyer must complete these steps by sending a registered letter with acknowledgment of receipt, or by written communication on another durable medium.

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The contract will be considered terminated upon receipt by the seller of the letter or written notice of cancellation, unless the seller fulfills the order in the meantime.

The buyer may also immediately terminate the contract if the delivery date or period was, in their view, a fundamental condition of the contract.

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In that case, once the contract is terminated, the seller must refund the buyer all payments made, no later than 14 days from the contract’s cancellation date.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may then choose either a full refund (within 14 days of payment) or an exchange for another product.

Article 12 – Delivery Terms
 

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered according to the methods and timeframes specified above.

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Products are delivered to the address provided by the buyer on the order form. The buyer must ensure the accuracy of this address. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer may receive an invoice sent to the billing address rather than the delivery address by selecting the appropriate option on the order form.

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If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, allowing the buyer to collect the parcel at the indicated location and within the specified time.

If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If any are damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (e.g., "parcel refused because open or damaged").

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The buyer must indicate on the delivery note, in handwritten reservations with their signature, any issue related to the delivery (damage, missing product compared to the delivery slip, damaged parcel, broken items, etc.).

This verification is considered complete once the buyer, or someone authorized by them, signs the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address listed in the website's legal notice.

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If products need to be returned to the seller, a return request must be made to the seller within 14 days following delivery. Any claim made after this deadline cannot be accepted. Returned products will only be accepted if they are in their original condition (packaging, accessories, manuals, etc.).

 
Article 13 – Delivery Errors
 

The buyer must notify the seller of any delivery error and/or non-conformity of the products in terms of nature or quality compared to the information on the order form on the day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected.

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The claim may be made, at the buyer's choice:

• By phone at the following number: 0749625933;

• By email to the following address: bonjour@uptrade.fr.

 

Any claim not made in accordance with the conditions defined above and within the specified timeframes will not be considered and will release the seller from any responsibility toward the buyer.

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Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer by email. An exchange can only take place after the exchange number has been issued.

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In the case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in full and in its original packaging, via Colissimo Recommandé, to the following address:

DSI pour uptrade – 50 avenue de Grosbois, 94440 Marolles en Brie.

Return shipping costs are covered by the seller.

 
Article 14 – Product Warranty
 

14.1 Legal Warranty of Conformity
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal warranty of conformity as provided for in Articles L. 217-3 and following of the French Consumer Code.

In the event of enforcement of the legal warranty of conformity, it is reminded that:

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• The buyer has a period of 2 years from the delivery of the goods to take action;

• The buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

• The buyer does not have to prove the lack of conformity of the goods within 24 months in the case of new goods (12 months in the case of second-hand goods) following delivery.

 

14.2 Legal Warranty Against Hidden Defects
In accordance with Articles 1641 and following of the French Civil Code, the seller is liable for hidden defects that may affect the sold goods. It is up to the buyer to prove that the defects existed at the time of sale and are such as to make the item unfit for its intended use.

This warranty must be claimed within two years from the discovery of the defect.
The buyer may choose between rescinding the sale or receiving a price reduction, as provided for in Article 1644 of the Civil Code.

Article 15 – Right of Withdrawal
 

Application of the Right of Withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has a 14-day period from the delivery date of their order to return any item that does not meet their expectations, and to request an exchange or refund without penalty, except for return shipping costs which remain the responsibility of the buyer.

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Returns must be made in their original and complete condition (including packaging, accessories, instructions, etc.) to allow for resale in new condition, and must be accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.

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The right of withdrawal can be exercised online, using the withdrawal form available on the website. In such a case, an acknowledgment of receipt on a durable medium will be sent to the buyer immediately. Any other means of declaring withdrawal is also accepted, provided it is clear and unambiguous, and expresses the buyer’s intent to withdraw.

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In the event of exercising the right of withdrawal within the aforementioned time frame, the purchase price of the product(s) and initial delivery charges will be refunded.

Return shipping costs remain the responsibility of the buyer.

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The exchange (subject to availability) or refund will be processed within 14 days, and at the latest within 14 days of the seller receiving the returned products, provided that the return conditions described above have been met.

 

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for the following contracts:

• Goods whose price depends on financial market fluctuations beyond the seller’s control;

• Goods made to the consumer’s specifications or clearly personalized;

• Goods that may deteriorate or expire rapidly;

• Goods unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;

• Goods that have been inseparably mixed with other items after delivery;

• Alcoholic beverages whose delivery is deferred by more than 30 days and whose value depends on market fluctuations beyond the professional’s control;

• Emergency repair or maintenance work carried out at the consumer’s request;

• Supply of audio or video recordings or computer software unsealed after delivery;

• Supply of newspapers, periodicals or magazines, except subscriptions;

• Supply of digital content not provided on a physical medium, the execution of which has begun with the consumer’s express consent and waiver of the right of withdrawal.

👉 Please note: These exceptions apply strictly. The seller is required to clearly inform the consumer of them before the conclusion of the contract.

 
 
Article 16 - Act of God
 
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered as grounds for releasing the parties from their obligations and will result in their suspension.
The party invoking such circumstances must immediately inform the other party of their occurrence and of their disappearance.

Force majeure shall include all events or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, and beyond their control, which could not be prevented despite all reasonable efforts.
Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by French courts, are: blockage of means of transportation or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or issues with telecommunications networks external to the clients.

The parties shall consult each other to assess the impact of the event and agree on how the contract will be carried out. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the affected party.
 
Article 17 - Intellectual Property
 
The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
 
Article 18 - Data Protection and Privacy
 

The personal data provided by the buyer is necessary for processing their order and issuing invoices.

This data may be shared with the seller’s partners responsible for fulfilling, processing, managing, and paying for the orders.

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The buyer has a permanent right to access, modify, correct, and object to the use of their personal data.
This right can be exercised under the conditions and in accordance with the procedures defined on the website uptrade.fr.

 
Article 19 - Partial Invalidity
 
If one or more provisions of these general conditions are held to be invalid or declared as such under any law, regulation, or final decision by a competent court, the remaining provisions shall retain their full force and effect.
 
Article 20 - No Waiver
 
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
 
Article 21 - Title
 
In the event of any difficulty in interpreting any of the headings at the beginning of the clauses and any of the clauses themselves, the headings shall be deemed nonexistent.
 
Article 22 - Language of the Contract
 
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
 
Article 23 - Mediation and Dispute Resolution
 

The buyer may resort to conventional mediation, particularly through the Consumer Mediation Commission or existing sector-specific mediation bodies, or to any alternative method of dispute resolution (such as conciliation) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, which facilitates the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link:

https://webgate.ec.europa.eu/odr/
 
Article 24 - Applicable Law
 
These general terms and conditions are subject to French law. The competent court is the judicial court.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller to seek an amicable resolution.
 
Article 25 – Protection of Personal Data
 

Data Collected

The personal data collected on this website includes:

• Account creation: When creating a user account, the following information is collected: first name, last name, email address, phone number, and postal address.

• Login: When the user logs into the website, the site records, in particular, their first name, last name, login data, usage data, location data, and payment-related data.

• Profile: Use of the website's services may involve completing a profile, which can include an address and a phone number.

• Payment: In the context of payment for products and services offered on the website, financial data related to the user's bank account or credit card is recorded.

• Communication: When the website is used to communicate with other members, data regarding these communications is temporarily stored.

• Cookies: Cookies are used during use of the website. The user has the option to disable cookies in their browser settings.

 

Use of Personal Data
Personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. Specifically, the data is used for:

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• Access and use of the website by the user;

• Management and optimization of the website’s operation;

• Organization of the terms of use of payment services;

• Verification, identification, and authentication of data provided by the user;

• Allowing the user to communicate with other users of the website;

• User support;

• Personalization of services by displaying ads based on the user’s browsing history and preferences;

• Prevention and detection of fraud, malware, and management of security incidents;

• Management of any disputes with users;

• Sending commercial and promotional information, according to the user’s preferences.

 

Sharing of Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, the website works with third-party banking and financial companies with whom it has contracts;

• When the user publishes information in publicly accessible comment areas of the website;

• When the user allows a third-party website to access their data;

• When the website uses service providers for user support, advertising, or payment services. These providers have limited access to the user's data in connection with their services and are contractually obligated to use the data in compliance with applicable personal data protection laws;

• If required by law, the website may transmit data to respond to claims against it and comply with legal or administrative procedures;

• If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may transfer or share part or all of its assets, including personal data. In such a case, users will be informed before any transfer of personal data to a third party.

 

Security and Confidentiality
The website implements organizational, technical, software, and physical measures for digital security to protect personal data from alteration, destruction, and unauthorized access. However, the internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored online.

User Rights
In accordance with applicable data protection laws, users have the following rights, which they can exercise by sending a request to: charlotte.billot@uptrade.fr
• Right of access: Users can access the personal data held about them. The website may request proof of identity before granting this access.
• Right to rectification: Users can request correction of inaccurate personal data.
• Right to erasure: Users can request deletion of their personal data, in compliance with applicable laws.
• Right to restriction of processing: Users can request the limitation of data processing under the conditions defined by the GDPR.
• Right to object: Users can object to the processing of their personal data under conditions defined by the GDPR.
• Right to data portability: Users may request that their personal data be transferred to themselves or another provider.

 

Changes to This Clause
The website reserves the right to make changes to this personal data protection clause at any time. If changes are made, the updated version will be published on the website. The website will also notify users via email at least 15 days before the effective date. If the user disagrees with the new terms, they may delete their account.

 
ANNEX
 
Withdrawal Form
(to be completed by the consumer and sent by registered letter with acknowledgment of receipt, within a maximum of 14 days following the date of conclusion of the service contract)
 
 

Withdrawal Form

To the attention of:
uptrade
Located at: 13 Rue Gilbert Clerfayt, 94300 VINCENNES
Phone number: +33650658420
Email address: charlotte.billot@uptrade.fr

I hereby notify you of my withdrawal from the contract concerning ....................., ordered on: .........

First and last name of the consumer: .................
Address of the consumer: .................

Date: ..................

Signature of the consumer

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ANNEX

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Consumer Code

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Article L. 217-4:
“The seller shall deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when these were made his responsibility by the contract or were carried out under his responsibility.”

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Article L. 217-5:
“The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:

• correspond to the description given by the seller and possess the qualities the seller presented to the buyer in the form of a sample or model;

• present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
  2° Or if they present the characteristics defined by mutual agreement of the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the latter.”

 

Article L. 217-6:
“The seller is not bound by the public statements of the producer or their representative if it is established that he was unaware of them and could not legitimately have been aware of them.”

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Article L. 217-7:
“Defects in conformity that appear within 24 months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is incompatible with the nature of the goods or the claimed lack of conformity.”

 

Article L. 217-8:
“The buyer is entitled to demand conformity of the goods to the contract. He may not contest conformity by invoking a defect he knew about or could not have been unaware of when entering into the contract. The same applies when the defect originates in materials supplied by the buyer.”

 

Article L. 217-9:
“In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may choose not to proceed according to the buyer’s choice if that choice entails a cost that is clearly disproportionate with respect to the other option, given the value of the goods or the seriousness of the defect. He must then proceed, unless impossible, according to the other option.”

 

Article L. 217-10:
“If repair and replacement are impossible, the buyer may return the goods and be reimbursed or keep the goods and receive a partial refund.

This same option is available:
1° If the requested, proposed, or agreed solution under Article L. 217-9 cannot be implemented within one month of the buyer’s claim;
2° Or if this solution causes major inconvenience to the buyer given the nature of the goods and the intended use.
The sale cannot be rescinded if the lack of conformity is minor.”

 

Article L. 217-11:
“Application of Articles L. 217-9 and L. 217-10 occurs at no cost to the buyer.
These provisions do not preclude the award of damages.”

 

Article L. 217-12:
“Legal action resulting from a lack of conformity must be taken within two years of delivery of the goods.”

 

Article L. 217-13:
“The provisions of this section do not deprive the buyer of the right to bring an action for redhibitory defects under Articles 1641 to 1649 of the Civil Code, or any other contractual or tort claim recognized by law.”

 

Article L. 217-14:
“A right of recourse may be exercised by the final seller against previous sellers or intermediaries and the producer of the tangible movable good, in accordance with Civil Code principles.”

 

Article L. 217-15:
“A commercial warranty is any contractual commitment by a professional toward the consumer to refund the purchase price, replace or repair the goods, or provide any other service related to the goods, in addition to the seller’s legal obligations to ensure conformity of the goods.
The commercial warranty must be detailed in a written contract, a copy of which is given to the buyer.
The contract must specify the warranty’s content, implementation conditions, price, duration, territorial scope, and the name and address of the guarantor.
It must also clearly state that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity under Articles L. 217-4 to L. 217-12 and the warranty for hidden defects under Articles 1641 to 1648 and 2232 of the Civil Code.

 

Articles L. 217-4, L. 217-5, L. 217-12, L. 217-16, 1641, and the first paragraph of 1648 of the Civil Code must be reproduced in full in the contract.
If these provisions are not complied with, the warranty remains valid and enforceable by the buyer.”

 

Article L. 217-16:
“When the buyer asks the seller for a repair under the commercial warranty granted during the purchase or repair of a movable good, any immobilization period of at least seven days shall extend the remaining duration of the warranty.
This period runs from the buyer’s request for intervention or the provision of the item for repair, whichever comes later.”

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Civil Code

Article 1641:
“The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that diminish its usability so much that the buyer would not have acquired it, or would have paid a lower price, had they known about them.”

Article 1648:
“Legal action for hidden defects must be initiated by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date the seller could be released from liability for apparent defects or lack of conformity.”