Terms and Conditions
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1. Overview

1.1. Any person who accesses the Website (as defined hereinafter) is defined as a ‘User’.

1.2. Any User who places a Purchase Order (as defined hereinafter) on the Website is defined as a ‘Purchaser’ (whether or not such Purchase Order is finally completed).

2. Status of the T&Cs

2.1. These terms and conditions (hereinafter the ‘T&Cs’), to the furthest permissible extent and as applicable, (i) supplement all the non modifiable statutory rights that the User or the Purchaser (as defined hereinafter) may have, and (ii) modify all the modifiable statutory rights that the User or the Purchaser (as defined hereinafter) may have and (iii) more generally, specify the terms according to which and the conditions under which (a) the User accesses the Website and (b) J.C.Lutz (hereinafter the ‘Seller’) renders certain services (including the sale of certain products) to the Purchaser (the Purchaser being hereinafter defined as the person who has placed a purchase order (a ‘Purchase Order’) on the Seller’s website, accessible at the following address: http://www.jclutz.com (the ‘Website’).

2.2. The User, by accessing the Website and the Purchaser, by placing its Purchase Order, acknowledges (i) that it has read and understood the relevant sections of the T&Cs and (ii) that is fully adheres to the relevant sections of the T&Cs.

2.3. Section, 1, 2, 5 and 9 to 13 of the T&Cs apply to the User; Section 1 to 4 and 6 to 13 of the T&Cs apply to the Purchaser.

2.4. A PDF version of these T&Cs, as they currently stand, is available on the Website and the current version -at the time when the Purchaser placed a Purchase Order- was available then on such Website and a PDF version of such T&Cs was available to the User and/or the Purchaser prior, respectively (i) to the access to the full Website and (ii) to the placement of the Purchase Order.

3. Website

3.1. The Seller is the author, editor and owner of the Website and, subject to the following provisions, endorses all responsibility as such.

3.2. All access information (login and password) provided to the Purchaser should be treated as confidential and the Seller shall have no liability thereof.

3.3. To be able to use the Website, enjoy the Services or place a Purchase Order, the User has to enable both pop-ups and cookies.

3.4. While the Seller has made every effort so that the Website is errorfree and believes that it is so, the Seller does not endorse any liability as to the content of the Website.

4. Use & Privacy of data

4.1. Any data transferred by the User or by the Purchaser through the Website (i) is governed by and will be treated in accordance with applicable law, (ii) can be accessed and modified or deleted by the User or Purchaser, (iii) will be used only for the proper functioning of the Website or the rendering of the Services or post-sale marketing campaigns or post-sale info related to the Seller and to its offers, which the User or Purchaser acknowledges (being further mentioned that the User and Purchaser can opt-out of both marketing campaigns and future info) and (iv) will be deleted when no longer needed for any of the purposes above, which may imply an indefinite period of time as far as marketing campaign and postsale info are concerned.

5. Products & Services

5.1. The Products are defined as the shoes sold by the Seller to the Purchaser through the Website.

5.2. The Products can only be used for their intended use: everyday recreational domestic and private use, to the exception, inter alia of any sport or any professional or intense physical activity (hereinafter the ‘Use’).

5.3. The Services are defined as all the services rendered by the Seller (or on its behalf) to the Purchaser to allow for the sale of the Products and the completion of such sale. It includes the offering of the Products, their making and sale (including the appropriate customisation, the provision and sale of raw materials and the craftsmanship), the processing of the payment and the delivery of the Products.

5.4. The Purchaser acknowledges that the final Product may differ from the product displayed online, inter alia because colour-rendering depends on computer and screen settings and because leather is a natural product that is not reproduced industrially thus possibly showing grain irregularities or stains that are not imperfections but actually a proof of product authenticity. Such display is therefore not contractually binding.

5.5. The Services and the Products are accessible only to end consumers (to the exception of any intermediary (including any reseller), either for its own Use or for the Use of a natural person.

5.6. Any commercial (or for profit) Use or transfer of the Products is prohibited.

6. The ordering process

6.1. Placement of a Purchase Order by the Purchaser on the Website constitutes an irrevocable offer to buy.

6.2. The Purchaser shall ensure that all info mentioned in the Purchase Order is complete and accurate.

6.3. Any Purchase Order that will not have been expressly notified as rejected by the Seller will be deemed to have been accepted. Rejection of the Purchase Order, if any, by the Seller will take place within 3 days of the reception of the Purchase Order. The Seller does not have to state its reason(s) for rejecting the Purchase Order, which reasons may, without limitation, include (i) lack of raw materials, or (ii) inability to meet the delivery target, or (iii) reason(s) to believe the Purchaser acts as an intermediary, or (iv) reason(s) to doubt the Purchaser’s solvency or ability to pay, or (v) reasons to believe the Purchaser is not legally apt to purchase the Product and the Service, or (vi) reasons to believe the Purchase Order is incorrect or incomplete, etc.

6.4. Rejection may be partial, as long as the non-rejected part can be dissociated from the rejected part and the non-rejected part of the Purchase Order will thus be considered accepted.

7. Invoicing & Payment

7.1. The invoice will be sent as soon as the Purchase Order is placed and the payment will be made (or the relevant bank account debited) upon invoicing, irrespective of the final acceptance or of the completion of the Purchase Order or of the delivery of the Product (but any purchase price or any portion thereof which has already been paid by the Purchaser to the Seller will then be promptly and fully be repaid by the Seller to the Purchaser if (i) delivery does not occur, (ii) the Product does not match the Purchase Order, (iii) the Purchase Order is rejected by the Seller pursuant to these T&Cs.

7.2. All prices are quoted in euros and are inclusive of VAT. Custom duties may apply to Purchasers outside the European Union.

7.3. The payment may be made, partially or in full, through card gifts or through credit vouchers issued or approved by the Seller.

7.4. The Purchaser acknowledges that payment is not processed by the Seller but by an independent and specialized third party (who handles all payment-related matters and information) whose identity depends on the payment method chosen by the Purchaser in the Purchase Order. This payment is therefore made pursuant to this third party terms & conditions and under its own responsibility; the Seller is not responsible for any payment process-related issue.

7.5. The Purchaser agrees to receive invoices and credits exclusively in electronic form.

7.6. The Seller may cancel the order if the proper payment has not been made within 5 days of invoicing.

8. Withdrawal of orders

8.1. The Purchaser acknowledges that due to the customization of the Product, and as provided by applicable law for customizable products, the Purchaser has no legal right to withdraw or to cancel her/his purchase once the Purchase Order has been placed online, even though such Purchase Order has been paid but has not been accepted yet

8.2. Pursuant to applicable law and to the Products’ features, the Purchase Order cannot be withdrawn or cancelled unless as explicitly otherwise mentioned herein; defective Products or Products that do not correspond to the Purchase Order or limited series of off-the-shelf or non customized Products can be returned within 30 days of delivery. Any purchase price or any portion thereof which has already been paid by the Purchaser to the Seller will then be promptly and fully repaid by the Seller to the Purchaser. Products can only be returned by the Purchaser if they are not worn, used or damaged, with the relevant original invoice and within company packaging.

9. Delivery – Transfer of Ownership

9.1. Delivery usually intervenes within 3 weeks from the acceptance of the Purchase Order by the Seller. Even though this duration cannot be guaranteed (due, inter alia, to availability and volume constraints) and the Seller cannot be held liable based on this deadline, the Seller will make his best commercial efforts to meet this deadline.

9.2. No delivery will occur if the price has not been priorily fully paid-up.

9.3. Ownership of the Products passes to the Purchaser upon delivery of the Products to the Purchaser or to the place the Purchaser has requested the Products to be delivered pursuant to the Purchase Order.

9.4. The Purchaser acknowledges that delivery is not processed by the Seller but by an independent and specialized third party (who handles all delivery-related matters and information). This delivery is therefore made pursuant to this third party terms & conditions and under its own responsibility; the Seller is not responsible for any delivery-related issue.

9.5. Delivery of the Products requires the presence of the Purchaser or his/her appointed representative at the address indicated in the Purchase Order. At the time of delivery of the Products, the Purchaser shall check:
(i) that the number of parcels is same as that reported in the delivery note;
(ii) that the packaging is intact and not damaged, wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or an incongruent number of parcels or wrong information must be immediately notified in writing on the proof of delivery. Once the Purchaser has signed the delivery note without objection, the Purchaser may not thereafter file any claims regarding the external condition of the delivered package.

10. Liability

10.1. IN ANY EVENT, THE LIABILITY OF THE SELLER CAN NOT EXCEED THE PRICE PAID BY THE PURCHASER FOR THE RELEVANT PRODUCT(S)

10.2. The Seller (unless such is the direct and exclusive consequence of the Seller’s wilful misconduct),is not liable for

(i) any improper Use of the Products;
(ii) any physical damage to the Purchaser or to any third party;
(iii) any indirect damage or loss of revenue or loss of business, whether foreseeable or not.

11. Intellectual property

11.1. All designs, logo, trademarks, etc. shown on the Website and/or on the Products and/or the packaging and/or otherwise related to the Products, whether or not protected by law, (hereinafter the “Intellectual Property”) are either (i) the exclusive property of the Seller or (ii) the Seller has the proper rights to use them as he is doing.

11.2. The Seller grants the Purchaser a non-exclusive and nontransferrable worldwide license to use the Intellectual Property along the Products. This license does not allow for any commercial or other for-profit use or transfer of the Intellectual Property.

12. Contact Information

12.1. The Seller may, for any purpose, including with regards to the T&Cs and the Website, be contacted at hello@jclutz.com

13. Governing law

13.1. The T&Cs are governed by French law and shall be construed accordingly

14. Jurisdiction

14.1. Any dispute relating to the Products or the Service shall be submitted to the Tribunal de Grande Instance in Paris, France.