Terms & Conditions

The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are addressed to all users registering on the present Platform, who must expressly accept them in order to do so.

It is therefore imperative that all Customers familiarize themselves with the GCS, insofar as they define the rules governing use of the Platform. Registration on the Platform as a Customer implies full acceptance of the GCS.

When the Customer initiates his registration and then validates an order with OLD FASHIONED CLUB on the Platform and when he ticks the box “I accept the general terms and conditions of sale”, he acknowledges that he has previously read the General Terms and Conditions of Sale and accepts them without restriction.

The information required by law from publishers of websites and platforms can be found on the ” Legal information” page .

ARTICLE 01. CONTRACTING PARTIES

The T&Cs constitute a binding contract between :

– Customers with an Account on the Platform,

On the one hand,

And

– HOLDING AIM, a société par actions simplifiée (simplified joint stock company) with a capital of 1,000.00 euros, registered in the Paris Trade and Companies Register under number 948262662 whose registered office is 12 RUE MONTALIVET, PARIS, France 75008represented by its duly authorized President, hereinafter referred to by its trade name “OLD FASHIONED CLUB”,

On the other hand,

ARTICLE 02. DEFINITIONS

In the T&Cs, words or expressions beginning with a capital letter have the following meaning:

– Customer: any natural person who registers on the Platform in order, in particular, to be able to access information on items, purchase items and take advantage of various other services offered by OLD FASHIONED CLUB, on their Account.

– Account: the area of the Platform accessible only to the Customer who is its owner, by entering his Identifier and password.

– Identifier: the e-mail address enabling a Customer to access his/her Account on the Platform by entering his/her password.

– Product Sheet: descriptive sheet of the product offered for sale on the OLD FASHIONED CLUB Platform. This sheet has been entirely written by us.

– Products: shall designate all goods offered for sale on the OLD FASHIONED CLUB Platform.

– Service(s): any type of service offered on the Platform by OLD FASHIONED CLUB to Customers and, in particular, those of being able to make online purchases of items and to access information relating to current or previous orders.

– Showroom: OLD FASHIONED CLUB at 4 and 6 rue des Saussaies – 75008 Paris.

–  platform: this website, which can be accessed at the following address: https://oldfashionedclub.com/

ARTICLE 03. SUBJECT

The GCS govern the terms and conditions of the Services, in particular those enabling Customers to make purchases of Items for sale on the Platform and to access information relating to their current or previous orders.

ARTICLE 04. CONTRACTUAL DOCUMENTS

It is hereby specified that, in the relationship between OLD FASHIONED CLUB and the Customer, the General Terms and Conditions of Sale supplemented by the Privacy Policy and the General Terms and Conditions of Use govern their entire contractual relationship and apply to the exclusion of any other agreement. LINK TO PAGES

OLD FASHIONED CLUB advises anyone visiting the Platform to save or print out the General Terms and Conditions of Sale, without, however, modifying them.

OLD FASHIONED CLUB reserves the right to modify the GTC at any time by publishing a new version on the Platform.

In this case, any order in progress will remain subject to the previous GCS. Modifications will come into force as soon as they are posted on the Platform and will therefore be binding on all Customers as soon as they are accepted. In the event of acceptance, all new orders and, more generally, the contractual relationship between the Customer and OLD FASHIONED CLUB will be subject to these amended GTC.

Any Customer who does not accept the modified GCS will not be able to continue to access the Platform and the contract will be terminated by application of the “TERMINATION” article.

OLD FASHIONED CLUB reserves the right to modify, at any time, certain functionalities of the Platform or to add new ones which will automatically be subject to the present GTC.

ARTICLE 05. ACCESS TO SERVICES

The Services are as follows:

– The creation and management of an individual Account, which can be deleted at any time by the Customer,

– Access to this Account enables the Customer to use the functionalities made available online on the Platform, including, in particular, the possibility of placing online orders and accessing information relating to current and previous orders.

Services are reserved for Customers only.

ARTICLE 06. CUSTOMER ACCOUNT CREATION

Any Customer wishing to benefit from the Service must first register on the Platform by following the instructions on the Platform.

It is strictly forbidden for a Customer to register on the Platform under several identities or under a false identity.

OLD FASHIONED CLUB reserves the right to remove access to areas of the Platform reserved for the presentation of the Customer’s Identifier and, consequently, access to the resulting Services of a Customer whose Identifier is contrary to good morals or is of an illicit nature, without prior notice or compensation to the Customer, and without prejudice to the rights of OLD FASHIONED CLUB. The same shall apply if any message with similar characteristics is sent to OLD FASHIONED CLUB .

The registration process cannot be completed unless one of the mandatory fields is filled in or the “I accept the terms and conditions” box is checked.

OLD FASHIONED CLUB reserves the right to ask any Customer to justify the information provided during the registration process. This information must be complete and accurate on the date of the Customer’s registration on the Platform.

In the event of modification of this information, the Customer undertakes to correct it, without delay, within his Account.

OLD FASHIONED CLUB cannot verify the identity of Customers or the accuracy of the information they provide.

Consequently, the Customer acknowledges that any false information or information that has become false, communicated by the Customer, is likely to engage the Customer’s liability towards OLD FASHIONED CLUB.

The Customer acknowledges having the capacity to contract under the conditions described, i.e. being at least 18 years of age, being legally capable of contracting and not being under guardianship or curatorship. The purchaser guarantees the truthfulness and accuracy of the information provided by him or any member of his family.

The customer chooses a login and password. It is the user’s responsibility to regularly change his or her password from his or her Account. It is strongly recommended not to choose a password that is a common word, but to alternate numbers and letters, upper and lower case.

The customer is solely responsible for his login and password and the use he makes of them. He/she expressly agrees to keep his/her password confidential and not to disclose it to anyone under any circumstances. Consequently, the Customer expressly acknowledges that entering any Identifier and password constitutes proof of his/her identity and manifests his/her consent to all operations carried out on the Platform following his/her identification.

The Customer must maintain a valid e-mail address during the period of registration on the Platform, at the risk of no longer being able to access it, particularly in the event of loss of password.

A customer’s account is strictly personal and may not be transferred, by any means whatsoever, to a third party, even free of charge.

OLD FASHIONED CLUB shall not be held liable for any loss suffered by Customers as a result of the use by a third party of their User ID and password. In the event of loss, misappropriation or fraudulent use of all or part of its Identifier and password, the Customer must immediately notify OLD FASHIONED CLUB. He/she remains responsible for any use made of his/her Identifier and password before having informed OLD FASHIONED CLUB and before OLD FASHIONED CLUB has been able, within a reasonable time, to modify them. In the event that a Customer disseminates or uses his Identifier in a manner contrary to its intended purpose, OLD FASHIONED CLUB reserves the right to terminate the contract and remove access to the Account as well as the content accessible from it, without prior notice or compensation. OLD FASHIONED CLUB may also take legal action to obtain compensation for any damages it may suffer as a result of such distribution or use.

These stipulations are expressly deemed to be material between the parties.

ARTICLE 07. SERVICE DESCRIPTION

The Customer, like other Internet users, may consult the Articles presented by OLD FASHIONED CLUB on the Platform.

In addition, the Customer may :

– Place one or more item orders,

– Track the status of orders in progress,

– Access your invoices.

To place an order for Articles, the Customer must :

– Follow the instructions on the Platform and, in particular, the instructions required to connect to the Account and, where applicable, to open an Account,

– Select the Item(s) of your choice, it being specified that the selection of Items chosen by the Customer may no longer be available depending on the time taken to validate the order. The Customer will then have to restart his selection of Articles from the beginning,

– Check the elements of the order and, if necessary, modify the selection of Items and/or correct the delivery and/or invoicing information,

– Confirm order,

– Choose a payment method,

– Follow the instructions of the online payment service to proceed with the secure payment of the order amount.

In the event that the total price of the order exceeds the sum of five hundred ( 500 ) euros including VAT, the validation of the order will be subject, without prejudice to the following paragraph, to material verifications by OLD FASHIONED CLUB with the Customer. Failure to do so will result in the order not being validated.

Once the payment authorization has been validated, the Customer receives confirmation of payment acceptance and confirmation of the order.

ARTICLE 08. CHARACTERISTICS OF ITEMS ON SALE

The items for sale on the Platform are second-hand items, so that the available stock may be limited to a few items or even a single item. Furthermore, it is possible for an Item to be offered for sale both on the Platform and in the Showroom. The availability of an Article may therefore vary according to the time required to update the Platform. The Platform is updated approximately every 3 hours.

Consequently, the Customer will be immediately informed by OLD FASHIONED CLUB, by electronic mail, of the unavailability of the Article selected at the time of the placing of an order.

Each item offered for sale has a Product Sheet describing all its characteristics, such as brand, material, size, color and condition.

OLD FASHIONED CLUB endeavours to describe and present as well as possible, on the Product Sheets of the Items offered for sale, the essential characteristics of the latter.

In this respect, the condition of the item for sale is defined according to the following categories:

– Never worn”: the item looks new and is flawless.

– Very good condition”: the item has seen very little use and remains flawless.

– Good condition: the item has been little used and shows signs of wear.

– Fair condition”:  the item has been frequently used and shows marked signs of wear.

The Customer hereby acknowledges having purchased the Article as described in the relevant Product Sheet.

The item for sale is accompanied by one or more photographs.

The photographs and illustrations accompanying the Articles on the OLD FASHIONED CLUB Platform have no contractual value and despite all the precautions taken by OLD FASHIONED CLUB, errors may occur.

Under no circumstances shall HOLDING AIM be held liable for these events.

If necessary, the customer can contact the sales department using the contact details given in the “Sales Department” section.

ARTICLE 09. PRICES OF ITEMS ON SALE

The price of the Articles is indicated on the platform, in euros, inclusive of all taxes and exclusive of delivery charges. Furthermore, prices are exclusive of customs duties and any applicable taxes, which are the sole responsibility of the Customer.

When the order is validated, the price to be paid includes all taxes.

The price indicated in the order confirmation by the OLD FASHIONED CLUB Platform is the final price.

The payment itself will not be considered final until HOLDING AIM has received the funds.

All prices are subject to typographical errors.

The period of validity of the items on sale is determined by the updating of the site.

ARTICLE 10. TERMS OF PAYMENT

The acquisition of the Articles placed on line on the Platform OLD FASHIONED CLUB is carried out against payment by the Customer of the price appearing on the Platform.

Payment of the price by the Customer is made by one of the following means of payment:

– By credit card (Carte Bleue, VISA, VISA Electron, Eurocard/Mastercard, Maestro, American Express, Alipay ).

– By bank transfer

In the case of payment by credit card, the transaction is immediately debited after verification of the Customer’s credit card details, on receipt of debit authorization from the bank issuing the said credit card.

In accordance with article L.132-2 of the French Monetary and Financial Code (Code monétaire et financier), the commitment to pay given by means of a payment card is irrevocable. By providing his credit card details, the Customer authorizes OLD FASHIONED CLUB to debit his credit card for the amount corresponding to the price.

To this end, the Customer must confirm, during the payment process, that he/she is the holder of the bank card to be debited and that the name appearing on the card is indeed his/her own.

Should it be impossible to debit the price, the online sale will be immediately cancelled by operation of law.

In the event of payment by bank transfer: the order will be recorded and validated when the amount of the order is credited to HOLDING AIM’s online account. In this case, the Customer will receive an e-mail confirming payment authorization.

The order confirmation, together with the order form, will be sent to the e-mail address indicated by the Customer on the order pages.

ARTICLE 11. DELIVERY OF SALE ITEMS

11.01 DELIVERY METHODS AND AMOUNTS

Delivery is assured worldwide (excluding North Korea).

The customer is informed that delivery costs are at his own expense (except for exceptional promotional operations).

When placing an order, the Customer chooses one of the delivery methods offered on the Site.

The following delivery methods are available:

– By courier only for deliveries within Paris intramuros,

– By Colissimo or Fedex,

– At the Showroom with Click and Collect.

The amount of delivery charges, any customs duties and any other potential taxes depends in particular on the delivery method chosen by the Customer and the country of destination.

Shipping costs include packaging, handling and postage. We advise you to combine your purchases into a single order.

Delivery charges vary according to weight, size and shipping country.

Your parcel is sent at your own risk. Particular care is taken with parcels containing fragile items.

Packages are oversized and protected.

– No delivery charges apply to the “Click and Collect” service at the Showroom.

11.02 DELIVERY TIMES

Delivery times are as follows:

– Eight (8) working days from validation of the order, for delivery in mainland France (excluding Corsica),

– Fourteen (14) working days from validation of the order, for delivery abroad or in France overseas and Corsica.

These lead times are given as an indication only, and any failure to meet them will not give rise to damages, withholding or cancellation of the order by the customer.

Delivery is deemed to have taken place as soon as OLD FASHIONED CLUB has handed over the items ordered to the carrier.

In the case of the “Click and Collect” service, the items ordered are available in the Showroom within forty-eight (48) hours of order validation. They can be collected by the customer, after making an appointment, on presentation of the confirmation e-mail and proof of identity. Appointments must be made by e-mail to the following address: hello@oldfashionedclub.com

Delivery times are given in working days and correspond to average preparation and dispatch times.

The Customer will receive an e-mail informing him of the dispatch of his order.

Items are therefore shipped at the Customer’s risk, even when the order is sent to another recipient.

In the event of late delivery, the order will not be cancelled. OLD FASHIONED CLUB will inform the Customer by e-mail.

Customers can follow the progress of their order on their Account.

In all cases, in the event of non-receipt of a parcel within the indicative time limit, the Customer may contact the Sales Department on +33 1.47.42.16.44 from Monday to Friday, 10:00 am to 6:30 pm, or by sending an e-mail to the following address: hello@oldfashionedclub.com. The Sales Department will endeavour to determine the cause of the delay and will inform the Customer.

11.03 VERIFICATION OF ORDER UPON RECEIPT

It is the Customer’s responsibility to check the condition of the packaging and the Items purchased upon receipt.

It is the customer’s responsibility to make any reservations or complaints he/she deems necessary, or even to refuse the parcel if it is obviously damaged on delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days of delivery.

The Customer must send OLD FASHIONED CLUB a copy of the letter sent to the carrier.

ARTICLE 12. RIGHT OF WITHDRAWAL

The customer has a right of withdrawal for purchases made online, which may be exercised within fourteen (14) calendar days of receipt or collection of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

• The regulatory model retraction form (Decree no. 2016-884 of June 29, 2016) is available, downloadable from the platform.

The purchaser must notify OLD FASHIONED CLUB of his wish within the time limit specified by registered mail or by e-mail addressed to OLD FASHIONED CLUB at the following address : hello@oldfashionedclub.com

Customers wishing to exercise their right of withdrawal must return the Articles concerned within the aforementioned period to the Showroom address (4 rue des Saussaies – 75008 Paris).

The Customer must return the Products unused and complete in their original packaging with all accessories and documents, with labels and seals duly affixed, in packaging identical or similar to that of the shipment, within a maximum period of fourteen (14) days from the date on which the withdrawal is sent.

The Customer is duly informed that the Articles are all protected by a “tamper-evident seal” which must only be broken by the Customer if he is certain of using the Article purchased.

All items purchased in the showroom are non-refundable, non-returnable and non-exchangeable.

ARTICLE 13. GUARANTEE

OLD FASHIONED CLUB is subject to the legal warranty conditions set out in articles L.217-7 of the French Consumer Code (non-conformity) and 1641 of the French Civil Code (hidden defects).

ARTICLE 14. SALES DEPARTMENT

For any information, complaint, question or advice, the Internet user or the Customer can contact the Sales Department of OLD FASHIONED CLUB at the following address:

– Mail: OLD FASHIONED CLUB – 4 rue des Saussaies – 75008 Paris

– E-mail: hello@oldfashionedclub.com

– Telephone: +33 1.47.42.16.44 Monday to Friday 10:00 am to 6:30 pm and Saturday 11:00 am to 6:30 pm.

Within one year of making a request to the customer service department, the customer may have his request examined by a mediator. IN ACCORDANCE WITH ARTICLE L.612-1 OF THE CONSUMER CODE, THE CONSUMER HAS THE RIGHT TO HAVE RECOURSE, FREE OF CHARGE, TO A CONSUMER MEDIATOR WITH A VIEW TO THE AMICABLE RESOLUTION OF THE DISPUTE. TO THIS END, THE PROFESSIONAL GUARANTEES THE CONSUMER EFFECTIVE RECOURSE TO A CONSUMER MEDIATION MECHANISM. TO DO THIS, THE PROFESSIONAL MUST PROVIDE THE CONTACT DETAILS OF THE MEDIATOR RESPONSIBLE FOR HIS OR HER CASE (ART. L.616-1 OF THE CONSUMER CODE).

ARTICLE 15. TERMINATION OF THE CGV

15.01 CANCELLATION

The General Terms and Conditions constitute a contract between OLD FASHIONED CLUB and the Customer which takes effect on the Customer’s registration date.

As this contract is for an indefinite period, either party may consequently terminate it and, therefore, terminate the Customer’s registration on the Platform, without cause or compensation for the other party, subject to fifteen (15) days’ notice when termination is at the initiative of OLD FASHIONED CLUB and immediately when termination is at the initiative of the Customer. In the latter case, the Customer simply clicks on the “Delete my account” link and confirms the operation.

However, as long as a sale is in progress, the General Terms and Conditions of Sale will remain in force; however, the Customer may no longer proceed with the purchase of a product.

15.02 TERMINATION FOR NON-USE OF ACCOUNT

In particular, OLD FASHIONED CLUB may terminate a Customer’s registration on the Site if the Customer fails to log into his Account for a period of more than two (2) years. The former Customer may, however, re-register.

15.03 TERMINATION FOR FAULT

In the event of non-performance by one of the parties of one of its substantial obligations, the other party may give notice of termination of the present contract, fifteen (15) days after formal notice to remedy the situation has remained without effect, without prejudice to any damages that may be due.

OLD FASHIONED CLUB may also, at its discretion, send a notice reminding the Customer of his obligations.

It is specified that OLD FASHIONED CLUB reserves the right to terminate any contract binding it to a Customer who has provided false information when registering on the Site or who does not respect his contractual obligations or the laws and regulations in force. In the event of an emergency, the GTC may be terminated immediately, i.e. without notice or compensation to the Customer.

15.04 TERMINATION NOTIFICATION PROCEDURE

In the event of termination at the Customer’s initiative, the Customer must click on the “Delete my Account” link and then confirm his/her wish to delete.

In the event of termination or suspension of access rights to areas of the Platform reserved for the presentation of the Customer’s Identifier occurring on the initiative of OLD FASHIONED CLUB, notification of the contractual breaches complained of as well as the possible termination of the GTC shall be notified to the Customer by e-mail, to the address provided by the Customer.

15.05 CONSEQUENCES OF TERMINATION

Access to the Customer’s Account will then be removed by OLD FASHIONED CLUB as soon as possible.

ARTICLE 16. RESPONSIBILITY

OLD FASHIONED CLUB is only responsible for the content of the pages it publishes and the Services it offers.

OLD FASHIONED CLUB cannot under any circumstances be held responsible for any damage that may occur to the computer system of an Internet user or a Customer and/or for the loss of data resulting from the use of the site by an Internet user or a Customer.

OLD FASHIONED CLUB cannot be held responsible for facts other than those relating to the Platform and messages exchanged within the framework of the Services.

OLD FASHIONED CLUB does not guarantee the availability or performance of the Platform.

OLD FASHIONED CLUB can only be held liable for direct and foreseeable damage, exclusively caused by a breach by OLD FASHIONED CLUB of its obligations.

In the event that OLD FASHIONED CLUB is held liable for a breach by a Customer of the obligations incumbent upon him under the terms of the contract binding him to OLD FASHIONED CLUB or under the laws in force, the Customer guarantees OLD FASHIONED CLUB against all judgments pronounced against OLD FASHIONED CLUB or amicable compensation. This guarantee covers any compensation that may be paid, as well as legal fees and court costs that may be charged to OLD FASHIONED CLUB.

ARTICLE 17. FORCE MAJEURE

OLD FASHIONED CLUB shall not be held liable for any failure, delay or non-performance of its obligations under the GTCS, where such failure, delay or non-performance is due to force majeure.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by French case law: total or partial strikes, whether internal or external to OLD FASHIONED CLUB, lock-outs, bad weather, blockages of means of communication for any reason whatsoever, computer or server failures, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other event beyond the control of the parties, preventing the normal performance of the GTC.

In addition, the Customer declares that he is aware of the complexity of global networks, the unequal capacities of the various sub-networks, the influx of users at certain times and the various “bottlenecks” at certain points on the Internet. The current protocols of transmission via Internet do not make it possible to ensure in a certain and continuous way the good reception of the messages and the integrity of the transmitted documents, the responsibility for OLD FASHIONED CLUB could not be sought in the event of bad transmission due to a failure or a dysfunction of these networks of transmission.

ARTICLE 18. PERSONAL DATA PROTECTION

In accordance with Article 15 of the French Data Protection Act 78-17 of January 6, 1978, it is hereby reminded that the personal information collected during registered transactions is used to respond to the various online Services offered by OLD FASHIONED CLUB. By approving these general terms and conditions of sale, the Customer gives his consent to the said use of the data concerning him.

In all cases, in compliance with data protection laws, and in application of article 27 of law 78-17 of January 6, 1978, the OLD FASHIONED CLUB Platform customer has the right to access, rectify and oppose data concerning him/her directly on the website via  this form or by post by writing to OLD FASHIONED CLUB – 4 rue des Saussaies – 75008 PARIS, indicating name, first name, email address. Customers can access their personal information at any time, and make any changes they deem necessary, from the “My Account” area accessible directly on the Platform.

ARTICLE 19. CONTRACT LANGUAGE

The French-language version of the GCS is the only legally valid version and the only one that can be used in legal proceedings.

ARTICLE 20. APPLICABLE LAW AND JURISDICTION

The GCS are governed by French law.

These terms and conditions were updated on February 21, 2024.