Legals 

The present website www.oliviertheyskens.com (referred to here-after as the “Site”) is published by ROOTS S.A.S, a French société anonyme, registered with the Trade and Companies Register of Paris under the no. 82256267400017 whose Intracommunity VAT number is FR 80822562674 and whose registered office is situated at 10 rue de la Paix, Paris, 75002, FRANCE

Tel: +33 (0)6 03 10 34 19

Email: shop@oliviertheyskens.com

Editor in Chief: Olivier Theyskens

The Olivier Theyskens trademark ensures the Publishing & Operations Direction

 On this page of the website, “ROOTS S.A.S” or “Olivier Theyskens” or “us” or “we” refers to the owner of the website, ROOTS S.A.S, and its related entities. The term “you” refers to the user or viewer of this Site, or the client as the context requires.

Access to the Site and the use of its content are defined under the Terms and Conditions of Use outlined below. By accessing and browsing the Site, this constitutes your unconditional acceptance of the Terms and Conditions of Use.

Olivier Theyskens strives to provide accurate and necessary updates to the information published on this Site, and reserves the right to change the content at any time and without prior notice. Nonetheless, Olivier Theyskens cannot guarantee the correctness, the accuracy or the comprehensiveness of the information available on the Site. Therefore, we ask you to regularly consult this section to verify the most recently updated version of these Terms and Conditions of Use. In the event that you do not agree, in whole or in part, with these Terms and Conditions of Use, we ask you to please not use the Site.

Access and use of the Site, including viewing our web pages, any communication with us, downloading information on our products and the purchase of these products on the Site are strictly for personal use and must not relate to any commercial or professional activities.

We remind you, that you alone are responsible for proper use of the Site and its contents.

1.     Intellectual Property Rights

The entire content of the Site, and each of its components such as the registered brands, domain names, texts, web spaces, animation software, illustrations, packaging, patterns, works, images, photographs, dialogues, music, sounds and videos, documents, designs, figures, logos and other materials, no matter their form, published on the Site, including "menus", its layout, pages, graphic design, colours, screens, instruments, characters and the design of the Site, diagrams, formatting, methods, processes, functions and the software that is part of the Site, are protected by copyright and by any other intellectual property rights that we and/or our potential partners hold exclusively. They are the exclusive property of Oliver Theyskens or duly authorised third parties. The use of, reproduction, representation, distribution or publishing of the Site, in part or in whole, no matter what form it takes, as well as any of its content whatsoever, is not permitted  without prior written permission by Oliver Theyskens.

We alone have exclusive rights to authorise or forbid the reproduction or representation, direct or indirect, temporary or permanent, in whole or in part, no matter the mode or the form, of the Site and/or its content.

Any permitted reproduction or representation operations must be carried out strictly for lawful purposes and within the respect of the copyright and intellectual property rights mentioned above.

Under no circumstances may you alter or modify the content of the Site and the protected works without our prior written consent and/or authorisation.

The creation of simple links or hyperlinks to the Site www.oliviertheyskens.com is subject to Olivier Theyskens’ written prior consent, which can be revoked at any time.

Olivier Theyskens disclaims all liability (including editorial) concerning the access to the Site – and its comments with a hyperlink to and/or from the site.

2. Warning regarding content

We take all precautions to ensure that we do not publish on the Site any content that depicts or represents scenes or situations of physical or psychological violence or that may, according the sensitivities of the users of the Site, be considered as infringing on personal convictions, human rights and the dignity of the person, no matter the form and modes of expression that they may take. That being stated, we can only guarantee that the content of the Site is appropriate and lawful in France, and not in other countries.

In the event that certain content is considered unlawful or illegal in another country, we ask that you do not access our Site from that country. If you choose to access it, the use of the Site is your sole, personal responsibility.

We cannot guarantee that the Site will function continuously, without interruptions, errors or malfunctions caused by internet connections. If you have any problems using our Site, please contact our Customer Service, whereby someone will attempt to assist you  to re-establish access to the Site, insofar as practicably possible. Likewise, we advise you to contact your Internet Service Provider and check that all internet connections and access to internet content are functioning correctly, including your web browser. Even though we try to do our best to ensure that you have continual access to our Site, the dynamic nature of the Internet and its content does not allow us to operate without suspensions, interruptions or discontinuance that may be due to carrying out necessary Site updates.

General Terms and Conditions

The company ROOTS S.A.S manufactures and markets directly or indirectly its articles (clothing and accessories) under the brand name and brand Oliver Theyskens worldwide.

ROOTS S.A.S is a “société par actions simplifiée à associé unique” (simplified joint-stock company) with a duly organised and existing under the laws of France, registered with the Trade and Companies Register of Paris under the no. 82256267400017, whose Intracommunity VAT number is FR 80822562674 and whose registered office is situated at 10 rue de la Paix, Paris, 75002, FRANCE

Article 1: Scope and Acceptance of the General Terms of Sale

The present “General Terms and Conditions of Sale” (hereinafter the “GTC”) apply to sales of Oliver Theyskens products (hereinafter the “Products”) on the Site and for sale to Customers exclusively for their personal use.  French law shall apply to any Order placed via the Oliver Theyskens website available at www.oliviertheyskens.com. The Customer represents that he/she/it is an end consumer and that he/she/it has no intention of reselling the Products for commercial purposes.

Any order not corresponding to a retail sale and any fraudulent order may be refused by Oliver Theyskens. Olivier Theyskens reserves the right to limit the quantities of an article delivered to the same Customer or the same postal address at their own discretion.

Olivier Theyskens can update these GTC at any time. The Customer should familiarise themselves at any time with the current version of the GTC published on this Site. The applicable GTC at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer. The Customer shall be requested to view and confirm the acceptance of the applicable GTC at the time of placing his/her/its order by ticking the box “I have read and hereby accept the General Terms and Conditions of Sale” in the Checkout section of the Site

Article 2: Information on Articles

Information on Oliver Theyskens products is available, with their references, on the Site. The Customer may select one or more items among the different categories offered on the Site within the limits of available stocks. Oliver Theyskens may modify at any time the items offered for sale on the Site, without prejudice to Orders placed by the Customer. For any question or request for advice, the Customer may contact the Oliver Theyskens team of advisors by e-mailing Customer Service at shop@oliviertheyskens.com.

Despite the care taken in the presentation of the Products on the Site, Olivier Theyskens cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen, in particular, with regard to the variations of the colours. Olivier Theyskens cannot be held responsible for non-substantial errors that may occur.

Oliver Theyskens reserves the right to remove items from sale at any time. In case of unavailability of one of the items, the Customer Service team will inform the Customer at the earliest opportunity and will be offered either a partial delivery of the Order or cancellation of the Order. In case of total cancellation of the Order or unavailability of all the products, the Customer’s Order will be automatically cancelled and a full refund will be issued. In case of a partial cancellation of the Order, due to the unavailability of the product ordered, the Customer’s Order will be validated and their bank account will only be debited the amount of the available items actually shipped, unless payment has already been processed in which case the value of the unavailable product will be refunded.

Article 3: Terms of the Order

Any Orders placed on the Site shall imply express acceptance of the GTC, the Privacy Policy and acceptance of the stipulated prices of Products available for sale on the Site.

3.1 Orders on the Site

The Customer shall bear the cost of accessing the  and using the Site.

The Customer must check the details and the total price of their Order, before attending to payment of the Order.

The Customer must comply with the following procedure when placing an Order:

3.1.1 Product choice: the Customer must select the Product that he/she/it would like to order.

3.1.2 Checking the content of the Customer’s selection: the Customer must check and confirm the content of his/her/its basket and will have the opportunity to delete the Products he/she/it has selected.

3.1.3 Identification: The Customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number and address for the delivery).

3.1.4 Verification of the Customer’s order: the Customer must check the content of his/her/its order, the total price, the delivery and invoicing addresses. The Customer confirms his/her/its method of delivery and payment. The Customer must confirm his/her/its acceptance of the GTC by checking the corresponding box. The validation of the order is only possible after having checked this box.

3.1.5 Order acknowledgement of receipt: the Customer receives an e-mail summarising the content of their order, namely:

            - His/her/its delivery and invoicing addresses

            - The order number

            - The date of the order

            - The list of Products ordered and their amounts

            - The method of delivery

The Customer is advised to keep and print this document, which is official proof of their Order. The Order is then registered and processed by Oliver Theyskens which will check the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

3.2 Validation of Orders

The Customer’s attention is drawn to the fact that the validation of an order entails the obligation to pay the agreed price. To validate an Order definitively, click on the “Purchase” button. From the moment the Customer has validated the order, Oliver Theyskens will acknowledge receipt thereof without delay electronically via e-mail. Oliver Theyskens recommends that its customers retain a copy of these emails on paper or electronically. In the event of non-receipt of these emails, the Customer should check his/her/its “Junk Mailbox”. The Customer is informed that the emails are sent to the e-mail address he/she/it has entered. Consequently, Oliver Theyskens cannot be responsible for any non-receipt of emails if there is an error in entering the e-mail address concerned (unless the non-receipt of the confirmation message results from a fault of Oliver Theyskens). In this case the sale will be considered final. The Customer may nevertheless exercise his/her/its right of withdrawal under the conditions set out in Article 9 of the GTC.

3.3 Refusals, Suspension or Cancellation of Orders

Olivier Theyskens reserves the right to refuse or cancel any Order, which in its reasonable opinion does not constitute personal use. Oliver Theyskens also reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the Oliver Theyskens Site.

3.4 Confirmation of Shipping of the Order

The Customer will receive an e-mail summarising the content of their Order and confirming the dispatch of the same Order. The contract is deemed to have been concluded on the date on which this e-mail is sent.

3.5 Tracking of the Order

A carrier tracking number of the Order is provided to the Customer when his/her/its order has been confirmed.

The Customer may track the delivery of his/her/its order via the website of the carrier nominated by Oliver Theyskens.

Article 4: Price of Products

The price of the Products on the Site is indicated in Euros and is inclusive of all taxes. The price excludes customs duties, which shall be borne by the Customer, for Orders delivered outside of the European Union. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, Olivier Theyskens shall not reimburse the VAT applied to purchases made on the Site (even in the event the Customer, after receipt of the Products, reships the Products to a third country outside of the European Union)

Oliver Theyskens charges extra shipping costs (see Article. 8) The different shipping methods are provided below in the GTC and are recalled on the Site. Oliver Theyskens can modify them at any time. Also, Oliver Theyskens advises any Customer to regularly consult the GTC appearing on the Site.

The selling prices of online items on the Site are those in effect at the time of placing the Order by the Customer. Olivier Theyskens can change the selling prices of items at any time. This change will be reported to the Customer prior to any Order. Olivier Theyskens exercises regular control to verify that the prices charged are correct; however, some prices may be affected by an error. If Olivier Theyskens notices a price error in the order, the Customer will be informed as soon as possible. Olivier Theyskens reserves the right to cancel the Order of the item affected by an obvious price error. If the Order has been settled, the Customer will be immediately refunded the amount paid in error.

The products are invoiced on the basis of tariffs displayed on the Site at the time when the order is placed, subject to availability of the Products ordered at this time.

All the orders are payable in Euros and must be settled immediately upon placing the order.

In the event of unavailability of certain Products ordered (see Article 5: “Product Availability), only the price and shipping costs related to the available Products shall be debited.

The customer will receive, upon confirmation of the Order, for each item, the written confirmation of the price paid detailing the price of the items.

Article 5: Product Availability

The offering of Products and their prices of Olivier Theyskens are valid while they are visible on the Site, and subject to stock availability.

Errors of modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.

In the event the Product is found unavailable after placing the Order, Oliver Theyskens shall inform the Customer by e-mail as soon as possible, by offering that he/she/it either order another Product available on the Site as a replacement, or cancels his/her/its order at no cost.

Olivier Theyskens shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by Olivier Theyskens.

Olivier Theyskens reserves the right to change at any time and without prior notice the Products offered on the Site.

To ensure a better quality of service and availability of its Products with all of its online Customers, Olivier Theyskens reserves the right to limit the quantity of Products that can be purchased by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L. 121-11 of the French Consumer Code.

Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations my occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, Olivier Theyskens cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Site.

Olivier Theyskens reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if Olivier Theyskens reasonably considers that this Customer has infringed the GTC or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.

Article 6: Payment Terms and Conditions

The payment of Orders on the Site can be made by credit card (Visa, CB, MasterCard, American Express): The payment is made on the secure website of Oliver Theyskens’ approved banking and credit institution. This means that no banking information regarding the Customer transits via the Site. Payment by credit card is therefore completely secure (SSL). The order will then be recorded and validated on acceptance of the payment by the banking service.

When placing an order on the Site, the Customer guarantees to the company Olivier Theyskens, that he/she/it is the holder of the credit card and that the name appearing on this credit card to be debited is their own and then communicate in a secure environment on the Internet, the number and the expiry date appearing on the front of the credit card as well as the numbers of the visual cryptogram appearing on the back (or the front) of  his / her / its bank card.

In order to fight against any fraudulent activity on the Internet, Olivier Theyskens implements a treatment related to the risk assessment and the prevention of payment fraud for online purchases. The company “Stripe” carries out this treatment.

All data collected are intended for the persons authorised to fight against fraud within the company Olivier Theyskens.

Article 7: Reservation of Ownership

The ordered Products remain the property of Olivier Theyskens until receipt of full payment of the price by Olivier Theyskens. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.

Article 8: Delivery and Receipt

8.1 General Rules

The items ordered by the Customer in accordance with the GTC are delivered to the address indicated by the Customer as delivery address on the Order concerned (“Delivery Address”). All information regarding delivery terms is available from the Cart Validation Page. They are also shown before the payment of the order on the Summary Page and can be modified prior to validating payment. The company Olivier Theyskens will not make any delivery if full collection of the price proves impossible.

Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.

Olivier Theyskens’ shipping prices are as follows:

-       Standard Delivery (average delivery time 3-6 Business days) is free of cost

-       Express Delivery (average delivery time 1-3 Business days) 15 Euros per Order

Olivier Theyskens cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

For all the Products, the order is prepared for departure from Olivier Theyskens’ logistics warehouse within a maximum period of 2 working days (subject to stock availability) from confirmation by e-mail of the order. The average period between the placing of an order and its delivery is from 3 to 6 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. The Customer is further informed that in some special cases the period indicated above can be longer. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, failure to deliver within a period of 30 days from the day after the Customer placed the order, the latter shall have the possibility to cancel the said order at no cost. The sum that the Customer has paid will then be reimbursed. In cases where is has the capacity to do so, Oliver Theyskens reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.

8.2 Delivery to Postal Address

If the order reaches a certain volume, Olivier Theyskens may send it to the Customer in several deliveries and/or several packages.

Generally, all of the parcels are shipped via DHL. A delivery note is attached to the parcel. The Customer is encouraged to keep it, as it will serve as proof of delivery.

The package containing the items ordered and paid for is delivered by hand, to the exact address mentioned when placing the Order. All deliveries are made against signature in DHL delivery.

If delivery proves impossible given the absence of the addressee at the place of delivery, a notice will be left at the delivery address indicated by the customer and the carrier will make a new delivery attempt the next working day. In case of failure, a new passage will be made the next working day. If the delivery has not been completed, the customer has five working days from the last passage of the carrier to contact the Customer Service before the items of his Order are returned to stock and the latter cancelled and refunded.

In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to Olivier Theyskens by e-mail to the address shop@oliviertheyskens.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: Olivier Theyskens – Customer Service – 6 rue de Braque 75003 Paris – FRANCE.

In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, Olivier Theyskens cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, Olivier Theyskens shall be entitled to request that the Customer pay the corresponding fees for the second delivery.

The customer is subject to the General Terms of Delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.

Accordingly, in the event of absence of the recipient, according to the General Terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s address and or in a “sorting – pending” centre of the carrier and/or returned to Oliver Theyskens who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with their delivery and, more general, the final quality of the delivery.

In the event that it is impossible to deliver and if the carrier must return the Product to Oliver Theyskens, Olivier Theyskens will not make any new delivery.

8.3 Anomalies, Damage, Damaged Package

The Customer, or the recipient of the Order is invited to check the apparent condition of the package and items on delivery.

In case of anomaly relating to the parcel of the item(s) ordered the Customer or their agent must imperatively follow the procedures described below (Article 8.3.1)

Failure to comply with the appropriate procedure precludes any recourse against the carrier and the company Olivier Theyskens. The customer cannot claim any refund. The Customer or the recipient of the Order cannot claim that the company Oliver Theyskens delivers the ordered items again if it does not follow the appropriate procedures.

The Customer, or their agent is asked to contact Customer Service to find out how to return the damaged Order. A procedure will be communicated by Customer Service, it must imperatively be followed by the Customer, failing which, the Customer will not be able to claim any refund or exchange of products.

8.3.1 Procedure to follow when the package is damaged

The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. If the customer or the recipient of the Order notices an anomaly on the parcel (damaged parcel, open parcel, liquid trace), He/she/it must indicate this on the delivery note and in the form of handwritten reservations any defect concerning the delivery. These reservations must be detailed and the Customer or their agent must make sure to be precise and complete in their writing. These writings constitute a means of proof of the existence and extent of the damage. This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter. The customer will not have to open the package.

Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) and send a copy of this letter to Olivier Theyskens by e-mail to the address shop@oliviertheyskens.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: Olivier Theyskens – Customer Service – 6 rue de Braque 75003 Paris – FRANCE. If it is decided that the Product(s) must be returned to Olivier Theyskens, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the Customer Service beforehand via e-mail at shop@oliviertheyskens.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to Olivier Theyskens – Customer Service – 6 rue de Braque 75003 Paris – FRANCE.

8.3.2 Procedure to follow in case of missing or damaged article

Within a short period of time and a maximum period of fourteen (14) days after receipt of the package, the Customer of the recipient of the order must report the absence or degradation of its product to Customer Service.

Customer Service may request any information relating to the identity of the Customer or the Recipient of the order and carry out any useful verification on this occasion.

8.4 Delivery Times

Delivery Times begin to run upon receipt of the order confirmation by e-mail.

Delivery Times take into account the time of order and the working days of the country of destination.

Delivery times may be affected by Public Holidays and Business Hours (see. “Contact Us”). Nevertheless these delays cannot exceed 30 days after the conclusion of the order.

Article 9: Right of Withdrawal and Return of Articles

In application of Article L.221-18 of the Consumer Code, the Customer has a right of withdrawal. The Customer can thus exercise this right, without having to motivate it, within a period of 14 days from the receipt of the product by the Customer or their agent.

If the Customer has placed an order with multiple products, the withdrawal period does not begin until the Customer or the designated third party has received the last Product.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for orders relating to:

-       the supply of goods made to the client’s specifications or clearly personalised

-       the supply of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection

This request must be sent to Customer Service by e-mail at the following e-mail address shop@oliviertheyskens.com. The Customer will receive an acknowledgement of receipt of their request for withdrawal, which will be sent by email and accompanied by a return slip (a copy is also in the package received by the customer).

To return the items, the Customer must return the items by post. In this case, the Customer must, within 14 days of the communication of its decision to retract, return the article concerned in full condition, undamaged, with its label attached, not worn, in their original packaging, complete (boxes, accessories, protections, labels, booklets etc.) and accompanied by the return form duly completed and a copy of the bill to the following address: Olivier Theyskens, 6 rue de Braque 75003 Paris , FRANCE.

If the product is returned incomplete, deteriorated, soiled, or in a condition that reasonably suggest that it was used or worn, it may not be refunded or exchanged.

On receipt of the Product returned by the Customer, Customer service shall send a confirmation of receipt of the Product by e-mail. In the event the Customer makes a valid use of this right by the Customer, Olivier Theyskens shall reimburse the Customer for the sums paid and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties). The refund will be made no later than 14 days after the date on which the customer has notified the company Olivier Theyskens its withdrawal (or, if the customer chooses to return items by lane within 14 days of the receipt by Olivier Theyskens of the returned items or the date on which the client provided proof of the shipment of the items, whichever is the earlier date).

Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender.

The reimbursement of the sums paid for the item(s) returned will be made, depending on the method of payment of items. Credit will be made to the bank account of the Customer corresponding to the credit card used for payment or by transfer to the Customer’s bank account.

Pursuant to Article L.221-24 of the Consumer Code, additional costs paid by the customer and linked to the choice of a specific delivery method will not be reimbursed.

Olivier Theyskens cannot be held responsible in the event of loss, theft or damage to the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.

Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to Olivier Theyskens.

Olivier Theyskens undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose the Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.

Article 10: Exchange

Olivier Theyskens also offers its customers the opportunity to exchange the product ordered under the following conditions:

Only the customer having made a payment by credit card will be able to exchange the article delivered for an article of a lower price.

For all other payment methods, the exchange can only be made against an item of equal or greater price.

The Customer may, according the his/her/its choice, within 14 days following the delivery date:

Return the article concerned in full condition, undamaged, with its label attached, not worn, in their original packaging, complete (boxes, accessories, protections, labels, booklets etc.) and accompanied by the return form duly completed and a copy of the bill to the following address: Olivier Theyskens, 6 rue de Braque 75003 Paris , FRANCE. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.

The cost of returning the item will be borne by Olivier Theyskens using Standard Shipping. It will be up to the Customer to arrange the proof of this return, which supposes that the articles will have to be returned by registered delivery, or by any other mean giving certain date. Any new delivery will be able to intervene only from the reception by the company Oliver Theyskens of the articles returned by the Customer.

If the returned product is incomplete, deteriorated, soiled, or in a condition that reasonably suggest that it was used or worn, it may not be refunded or exchanged.

These products will be returned to the Customer by post in the case of a remote exchange.

The payment of the new sale will be made by compensation with the amount of the previous sale.

After exchange of the product, and as part of a payment by credit card, if there is an overpayment, the credit card of the customer will be subject to re-credit.

In case of exchange of items via the Customer Service, the new sale will be subject to the GTC.

As part of the commercial exchange policy proposed under this article, Olivier Theyskens reserves the right to refuse an exchange beyond 2 successive requests. In addition, delivery charges paid by the customer, if any, will not be reimbursed.

Article 11: Statutory Warranties

The Products sold by Olivier Theyskens are subject to the conditions of statutory warranties provided by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 through 1648 of the Civil Code, with the exclusion of any other warranties. All items for sale on the Site of the company Olivier Theyskens benefit from the legal guarantee of conformity.

Olivier Theyskens shall refuse any complaint for Products that have been used contrary to their intended use.

Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address shop@oliviertheyskens.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the Customer Service at the following address: Olivier Theyskens, 6 rue de Braque 75003 Paris , FRANCE.

11.1 Legal Guarantee of Conformity

Article L217-4 of the Consumer Code provides that: “The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.”

In accordance with Article L211-5 of the Consumer Code, to comply with the contract the property must:

-       Be fit for the usually expected use of a similar good and, where appropriate

-       Correspond to the description given by the seller and possess the qualities that he has presented to the Customer in the form of a sample or model;

-       Present the qualities that a buyer can legitimately expect for this type of product;

-       Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

11.2 Warranty Against Hidden Defects

Article 1641 of the Civil Code provides that: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use of which it is intended, or which diminish so much this use, that the buyer would not have acquired it, or would have given a lower price, had he known them.”

Article 1648 of the Civil Code stipulates that: “The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect”.

In the framework of the legal guarantee of latent defects, the company Olivier Theyskens, according to the choice of the Customer, undertakes, after evaluation of the vice:

-       Either to refund the full price of the returned item,

-       Or to refund part of the price of the item if the customer decides to keep the article.

In this case, the Customer can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code

These provisions are not exclusive of the right of withdrawal defined in Article 9.

In any event, it shall be up to the Customer to prove that he/she/it fulfils the conditions of the guarantee properly.

In the case of lack of conformity and/or hidden defects admitted by Olivier Theyskens, should the Customer choose to return the Product, he/she/it shall ship it to the following address: Oliver Theyskens – Customer Service – 6 rue de Braque 75003 Paris – FRANCE. The Customer must obtain beforehand a return number as well as any precision relating to shipping from the customer service to be contacted via e-mail at shop@oliviertheyskens.com. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.

11.3 Exclusions of guarantees

The articles modified or repaired by the Customer are excluded from warranty. In the same way the guarantee will not pay for apparent defects in application of Article 1642 of the Civil Code. Finally, the warranty will not support items damaged during transport or due to misuse.

11.4 Consequence of the implementation of the guarantees

In the framework of the legal guarantee of conformity, the company Olivier Theyskens, engages with the choice of the customer:

-       Or to replace the article with an identical article according to available stocks,

-       Either to refund the price of the article if the replacement of an article proved impossible.

Within the framework of the legal guarantee of latent defects, the company Olivier Theyskens, according to the choice of the customer, engages, after evaluation of the vice:

-       Either to refund the full price of the returned item,

-       Or to refund part of the price of the item if the customer decides to keep the article.

Article 12: After Sales Service and Availability of Spare Parts

Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the Customer Service via the e-mail at shop@oliviertheyskens.com .

In accordance with Article L111-3 paragraph 1 of the France Consumer Code, Olivier Theyskens makes no warranty regarding the availability period of spare parts that are essential for the use of the Products. Oliver Theyskens shall nonetheless make its best efforts to satisfy its Customers in the event of a request for one or several spare parts.

Article 13: Limitation of Liability

In no event may Olivier Theyskens be held liable for any damage, which does not result from a failure, by Olivier Theyskens to honour one of its obligations.

Article 14: Personal Data

Pursuant to the General Rules for the Protection of Personal Data (hereinafter “GRPPD”) the Customer accepts that their personal data can be collected on the Site of the company Olivier Theyskens which acts as Controller in the sense of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

Olivier Theyskens undertakes to protect and ensure the security and confidentiality of its customers’ personal data in accordance with the GRPPD, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or unauthorised third parties having access to it.

In particular, the personal data of the customers can be transmitted to the service providers and contractual partners who, as subcontractors in the sense of the GRPPD, they may intervene and contribute directly to the management of the orders and for which it is absolutely necessary to access the personal data details provided by the customer when creating and using their account (identity, postal address, telephone number, e-mail address). Subcontractors can only act on instructs from Olivier Theyskens.

The personal data of the customers are collected for the following purposes:

-       Order management and customer relations;

-       Customer information relating to offers and commercial information related to the brand;

-       Strengthening and improving the communication of the Site and the brand by sending, in particular, newsletters and special offers according to the preferences of the customer found on the site;

-       Improvement and customisation of services ordered to customers;

-       Compliance with legal and regulatory obligations.

According to the GRPPD, the customer has a right of access, rectification and opposition to their personal data.

For any exercise of one or more Right and Freedoms, the customer must send a request by e-mail or mail to the Customer Service of the company Olivier Theyskens.

Article 14: Intellectual Property

The ‘Olivier Theyskens’ mark, as well as all the figurative marks or not and more generally all the other brands, illustrations, images and logos appearing on the Olivier Theyskens articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Olivier Theyskens.

Any total or partial reproduction, modification or use of these marks, illustrations, images, logotypes, or any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, on any support that this or, without express and prior written agreement of the company Olivier Theyskens, is strictly prohibited.

It is the same for all copyrights, designs and models, patents that are owned by the company Olivier Theyskens.

The use of all or part of the Site, including downloading, reproduction, transmission or representation for the purposes other than personal and private use for a non-commercial purpose is strictly prohibited.

The Customer acknowledges without reservations the intellectual property rights of Olivier Theyskens and undertakes not to infringe them in any manner. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner whatsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Olivier Theyskens.

Any violation of these provisions exposes its author to the penalties provided by the Civil Code in is its Articles 1240 and following (civil liability) and the Intellectual Property Code in its Articles L335-1 and following (infringement of copyright), L716-1 and following (trademark rights).

In addition, the creation of a hypertext link to the website of the company Olivier Theyskens, can only be done with the agreement of the company Olivier Theyskens.

This agreement may be revoked at any time.

Sites with a hypertext link to the online store or to which the online store could return are not under the control of the company Olivier Theyskens; therefore the company Olivier Theyskens declines all responsibility (including editorial) regarding the access and the content at these sites.

Article 15: Signature and Proof

The company Olivier Theyskens works to protect the personal information of its customers by ensuring a high level of security.

The Customer also has a role to play in the protection of their personal data. In particular, the Customer must maintain the security of his/her/its online transactions by not communicating to anyone their username (e-mail address) and/or password and by changing their password regularly.

Therefore, the company Olivier Theyskens cannot be responsible for the disclosure of information about the Customer to any individual who has used their identifier (e-mail address of the Customer) and/or their password.

Warning: The Use of the identifier (e-mail address of the Customer and/or password of the Customer) will be proof of their identity, and pay ability, validation of the order, sums.

The company Olivier Theyskens declines any responsibility in case of fraudulent use of the information.

The provision of the credit card number and the final validation of the order will be proof of the acceptance of said order and also the payment of the sums incurred by the seizure of the items appearing on the Order.

The computerised registers kept in the computer systems of Oliver Theyskens and its partners will be considered as proof of communications, orders and payments between the Parties.

Article 16: Force Majeure

Pursuant to Article 1218 of the Civil Code, Olivier Theyskens will suspend any performance of its contractual obligations in the even of a case of force majeure (all external unforeseeable and unavoidable circumstance, beyond the reasonable control of the party which is suffering a force majeure case).

In the instance where Olivier Theyskens is prevented or delayed by a force majeure case in honouring its commitments, the Customer will be informed within 7 days of its occurrence by specifying the exact elements constituting the force majeure and the reasonably foreseeable period of delay or prevention.

Olivier Theyskens shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but will undertake to use its best efforts to resume full performance without further delay.

If this suspension continues beyond a period of 15 days, the customer would then have the opportunity to cancel the order in progress, and it would then be refunded.

Olivier Theyskens may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that Olivier Theyskens shall be responsible to reimburse the Customer for any amounts already paid.

In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.

Article 17: Governing Law – Disputes

If you encounter a problem relating to a Product, our Site or any other service of the company Olivier Theyskens related to the Site or a Product, please contact our Customer Service at the following address: shop@oliviertheyskens.com

In the event that your problem is not solved, in accordance with the Consumer Code concerning “the process of mediation of consumer disputes”, you have the right to free use of a mediation service.

These GTC shall be governed and interpreted in accordance with French law. In the event of a dispute the French courts shall have sole jurisdiction. However, in accordance with Regulation CE593/2008 of the 17 June 2008, these GTC do not prevent the application of a more favourable mandatory non-waivable, previous to the Customer, and as may, applicable based on the Customer’s normal place of residence.

The Customer may bring the matter before the competent court of his/her/its domicile of the French courts.

Olivier Theyskens may bring the matter before the court of the Customer’s domicile.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.oliviertheyskens.com (the “Site”).

The purpose of this Privacy Policy is to inform the User, before accessing specific pages of the Site and communicating its personal data, about the way Olivier Theyskens (the “Controller”) processes its data. The User shall be aware of this Privacy Policy before providing personal data by filling the forms provided in that respect in the different pages of the Site.

Throughout the Site, Olivier Theyskens may need to collect personal information, particularly for subscription to our newsletter or during initial contact with the Customer Services.

All personal information that you may be brought to transmit to Olivier Theyskens for the use of some services is compliant with the provisions of Data Protection Act of January 16 1978, modified by the law of August 6 2004 (hereinafter “the Law”) and the regulation (EU) 2016/679 of April 26, 2016, general regulation on data protection (hereinafter “GDPR”).

Olivier Theyskens is free to choose any natural or legal person to process the User’s personal data at its request and on its behalf (hereinafter “the Processor”). Olivier Theyskens commits to select Processors providing sufficient guarantees regarding technical and organisational security measures of the personal data processing.

Article 1: Consent

You have a right of access, a right to rectify, to update, to lock or to erase your personal information and, for legitimate reasons, to infringe on their treatment. To practise these rights, you should contact Olivier Theyskens by e-mail at shop@oliviertheyskens.com or by writing to the following address: Olivier Theyskens – 6 rue de Braque 75003 Paris – France

Article 2: Personal Data Management

The use of the Site, the access to specific pages and/or all information or services requested by the Site User may lead to the communication of personal data. The processing of those data by Olivier Theyskens, as Controller, and/or by the Processors acting on Olivier Theyskens’ behalf, shall be compliant to the Law and the GDPR Regulation.

The personal data will be processed mainly in an automated manner, with procedures linked to the purpose of processing and delivering the Customer’s orders. The order process on the Site requires the creation of a Customer Account in which the Customer’s information is stored and protected by a password chosen by the Customer – Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender etc..) can also be used by Olivier Theyskens and/or its partners for marketing purposes like the sending of newsletters or requests.

It is reminded that when ordering, Olivier Theyskens collects personal data (ID, username and password chosen by the Customer on the Site, e-mail address, phone number, Customer’s usual address, delivery address and means of payment, size etc.) that are strictly necessary for processing your requests and may be communicated to the company’s partner contractors or for internal purposes in connection to the order processing, (including intermediaries for the order payment such as banks). The information (mainly your name, first names, addresses, e-mails) is essential for us to respond to your requests, if you leave these mandatory fields empty, we will not be able to meet your demands.

The personal data can be provided to Olivier Theyskens employees and staff who, acting under Olivier Theyskens direct authority, are considered Controller or Processor and receive appropriate operational instructions. The personal data can be disclosed to the Controller’s employees or staff, appointed by Olivier Theyskens, provided that the data is collected according to the pursued purposes. Olivier Theyskens ensures that the Processors, employees or staff guarantee the same level of protection than itself and ensures that these processors, employees or staff processes the personal data only for the pursued purposes, with the required discretion and security.

Olivier Theyskens is the sole recipient of personal data collection on the Site and will only pass them onto third parties in the instances where:

-       The customer has given prior consent to such transmission;

-       The said Third Party is involved, as Olivier Theyskens’ subcontractor, under the provision of the Site and the services offered;

-       Olivier Theyskens is summoned at the request of a judicial or any other administration authority to transmit such data.

Olivier Theyskens cares that User’s personal data are processed safely and in confidentially and takes all necessary measures to avoid loss, bad use, deterioration or deletion of the personal data. However, Olivier Theyskens does not control all risks associated with the operation of the Internet and draws the attention of the Internet Users about the existence of potential risks associated with its use and operation.

Article 3: The User’s Rights

Olivier Theyskens guarantees fair and lawful processing of User’s personal data as well as the right to access it.

3.1 According to Article 15 of GDPR, the User shall have the right to obtain from Olivier Theyskens the following non-exhaustive information:

-       The purpose of the processing;

-       The categories of personal data concerned;

-       The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in Third countries or international organisations;

-       Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

-       The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

3.2 According to Article 16 of GDPR, the incorrect or inaccurate data can be rectified or deleted at any time. First, the User shall proceed by himself/herself/itself to the necessary modification from its user account, then the User shall ask Olivier Theyskens to proceed to the modifications if necessary.

Olivier Theyskens guarantees the right to rectification and deletion of the User’s personal data.

The User shall have a right to obtain the deletion of their personal data in the cases listed in Article 17 of GDPR.

3.3 According to Article 18 of GDPR, where applicable, The User shall have the right to obtain restriction of processing

3.4 According to Article 20 of GDPR, the User shall have the right to receive from Olivier Theyskens the personal data concerning him/her/it, in a structured, commonly used and machine –readable format. The User shall also have a right to transmit those data to another Controller without hindrance from Olivier Theyskens, in case described in GDPR.

3.5 The User shall have the right to object, on compelling and legitimate grounds relating to their particular situation, at any time to processing of personal data concerning him/her/it. In such a case, Olivier Theyskens will not process the personal data, unless there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise of defence of legal claims.

3.6 The User shall have the right to lodge a complaint regarding the processing of their personal data by Olivier Theyskens with the CNIL, supervisory authority competent in the French territory.

3.7 The User can exercise the rights listed above, at any time, by e-mail to the address shop@oliviertheyskens.com or by letter the following address: Olivier Theyskens – 6 rue de Braque 75003 Paris – FRANCE.

Article 4: Limitation of Liability

The Site may contain hyperlinks to websites controlled and exploited by Third Parties not linked to Olivier Theyskens. In such a case, Olivier Theyskens cannot be held responsible for the content of these websites, or for these third parties practice as regards to personal data protection.

Olivier Theyskens cannot be held responsible for the loss, the data corruption or the identity theft, which may be caused particularly by not only by the presence of virus or by cyber-attacks.

Article 5: Cookies

When consulting the Site, information in relation with your navigation via your device (computer, pad, smartphone, etc..) may be recorded in Cookie files (alphanumeric identifiers) installed on said device. These are subject to the User’s choice concerning the parameters of the navigation software used.

Cookies are used on the Site, in order to improve your experience of navigation. The Cookie identifies your device and allows the site to remember your personal settings. Cookies are also used for statistical purposes.

Cookie parameters can be modified and managed at any time. The user can set their Internet Browser to notify them when a Cookie is to be activated. This also enables the User to reject usage of Cookies or to notify their Browser to erase the Cookie at the conclusion of the visit to the Site. The User can also set their Browser so that the acceptance or rejection of Cookies is proposed punctually before a Cookie is likely to be stored in their device.

Olivier Theyskens can have access, using Cookies, without identifying you personally to:

-       Store information about a form you filled on the Site (registration or access to your account) or products, services or information you have chosen or consulted on the Site;

-       Allow you the access to restricted and personal spaces of the Site, thanks to your login or previously submitted data;

-       Implement safety measures, such as when you are asked to connect again to a content or service after a certain time frame.

If the User has not modified their Browser settings to refuse Cookies on the Site or have not contacted Olivier Theyskens specifically to refuse Cookie access, Olivier Theyskens reserves the right to implement the use of Cookies upon Users when navigating the Site.

Article 6: Privacy Policy Modification

Olivier Theyskens reserves the right to modify this Privacy Policy for compliance with privacy laws and regulations or in order to adapt it its practice. Therefore, the User is encouraged to consult it regularly to be aware of potential modifications and adaptions.