Terms of sale

Applicable to the subscription taken out by partner shops (articles 1 to 10, a business-to-business relationship) and to the “My wardrobe” offers for individuals: try-on packs (article 11) and the “Private wardrobe” subscription (article 11 bis), sales to consumers.

1. Scope

These terms of sale govern the subscription to the Emelva service taken out by a shop acting in a professional capacity (hereinafter “the Customer”).

2. Description of the service

The subscription gives access to the shop back office, collection management, the self-filling customer file, messaging, monthly reports and listing in the directory.

3. Offers and prices

The offers and rates in force are presented on the Pricing page. Prices are net — VAT not applicable, article 293 B of the French General Tax Code — and may change, the plan taken out remaining guaranteed for the current period.

4. Subscription and payment

Subscription takes place online. Payment is made by bank card through Stripe, a secure payment provider. Billing is monthly or annual depending on the plan chosen.

5. Term and renewal

The subscription is entered into for one month or one year, depending on the periodicity chosen, and renews tacitly for periods of the same length unless terminated under the conditions set out below.

6. Termination

The Customer may terminate from their own space or by e-mail to hello@emelva.com, at any time and without notice: termination takes effect at the end of the current period, which has already been paid for. They leave with their customer file, which can be exported.

7. First month free

The first month is free and includes 150 try-ons, with no commitment: a bank card is registered at sign-up but no amount is charged before the first due date. At the end of the trial, the monthly quota of the chosen plan applies. The Customer may end their subscription at any time before that due date without being billed.

8. Customer obligations

The Customer is responsible for the accuracy of their shopfront information and of the imagery and prices they publish, and warrants that they hold the rights to the content they put online.

9. Right of withdrawal

As the subscription is taken out by a professional for the purposes of their business, the right of withdrawal provided for consumers does not apply, save where the law provides otherwise.

10. Liability and warranties

The publisher is bound by an obligation of means. Its liability may not exceed the sums paid by the Customer over the last twelve months.

11. “My wardrobe” try-on packs — sales to consumers

Emelva sells individual customers packs of try-on credits for their personal wardrobe. Prices are displayed inclusive of all taxes before purchase; payment is made in one go by card through Stripe. Credits have no expiry date and each completed try-on uses one credit — a try-on that fails is never counted.

• Right of withdrawal: by paying, the customer requests immediate access to her credits and expressly waives her right of withdrawal for the credits used (article L221-28 13° of the French Consumer Code). If she withdraws within 14 days of purchase, the unused credits in the pack are refunded to her on a pro rata basis, on simple request to hello@emelva.com.
• Consumer mediation (article L612-1 et seq. of the French Consumer Code): after a written complaint that has not received a satisfactory answer, the customer may refer the matter free of charge to the consumer ombudsman covering the publisher (ombudsman currently being appointed — their details will be published here and provided on request). She may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.
• Legal guarantees: the customer benefits from the legal guarantee of conformity for digital content and services (article L224-25-12 et seq. of the French Consumer Code).

11 bis. “Private wardrobe” subscription — sales to consumers

Emelva offers individuals a monthly subscription to their private wardrobe, at the price displayed inclusive of all taxes before subscribing (€9.99 a month at present), giving 50 try-ons per monthly period. The monthly fee is charged by card through Stripe on each anniversary of the subscription date. A month’s try-ons do not carry over to the next; they are used before pack credits (article 11), which remain available as a top-up. A try-on that fails is never counted.

• Term and cancellation: the subscription has no commitment and renews tacitly from month to month. The customer may cancel at any time, online from her wardrobe (“Manage my subscription”) or by e-mail to hello@emelva.com; cancellation takes effect at the end of the month already paid, and that month’s try-ons remain usable until then. Deleting the account ends the subscription immediately.
• Right of withdrawal: by subscribing, the customer expressly requests that the service start before the end of the withdrawal period. She may withdraw within 14 days of subscribing, on simple request to hello@emelva.com: the monthly fee is refunded, minus a pro rata amount for the try-ons already used (article L221-25 of the French Consumer Code).
• Price changes: any increase is announced by e-mail at least one month before it applies; the customer may cancel before then, free of charge.
• Mediation and guarantees: the provisions of article 11 on consumer mediation and legal guarantees apply to the subscription.

12. Governing law and disputes

These terms of sale are governed by French law. In the event of a dispute, the parties will seek an amicable solution; failing that, jurisdiction is granted to the competent courts.