Terms of service

1. GENERAL INFORMATION

This website, found under the Previouslr.com URL, (hereinafter “Website”) is owned and operated by:

Customer Service Page : Contact Us

This document regulates the conditions governing the use of the Website Previouslr.com and the purchase or acquisition of products and/or services referred to thereafter as “Conditions”.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the customer must read the Legal Notice, including the cookie policy and the privacy and data protection policy of Previouslr. Both parties commit to respecting these Conditions. By using this Website or acquiring and/or requesting the acquisition of a product and/or service through it, the customer accepts and agrees to be bound by these Conditions.

The customer is also informed that these Conditions could be modified, with prior notice via the same communication channel. The customer is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since these conditions will be the ones valid at the moment he/she accesses and/or requests the acquisition of the products and/or services.
In case the customer has any question related to the Conditions, he/she can contact the owner using the contact information provided above.

2. THE USER
The access, browsing and use of the Website by a person gives them the title of Customer, and implies that all the Conditions herein established, as well as their subsequent modifications, are accepted, from the moment the browsing of the Website begins, without prejudice of the application of the corresponding mandatory legal regulations as the case may be.
The client assumes responsibility for the correct use of the Website. This responsibility will extend to:

• Making use of this Website only to undertake searches and purchases or legally valid acquisitions.
• Not making any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, the latter could be canceled and the relevant authorities could be informed.
• Providing truthful and lawful contact information, for example, email address, postal address and / or other information.

The customer declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The customer may formalize with Previouslr, if he/she chooses to, the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS
The customer can place an order on the Website via the established means and forms. He/she must follow the online purchase and/or acquisition procedure established by Previouslr.com, during which several products and/or services can be selected by the customer and finally validate the cart or basket to proceed to the payment of the order by choosing the desired payment method.

Before proceeding to the secure payment, the customer must accept the Conditions by clicking on the “I have read, understood, and agreed with your terms and conditions: Terms of Service and Privacy Policy” box. The customer acknowledges having read and understood these Conditions.

The action of the customer proceeding to secure payment of the order will formalize the final purchase and closes the contract that binds him/her to Previouslr. Next, the client will receive the confirmation of the order via email confirming that Previouslr has received his/her order and/or service provision request.

The customer must verify the information communicated to Previouslr and is responsible for it. Under no circumstances will Previouslr be held responsible for possible errors or shipment delays due to errors in the information provided by the customer.

The customer can check his/her order status online if he/she has signed in. If the customer has placed an order as a guest, Previouslr will send the information related to the status of his/her order via mail. The tracking of the order is done through the transport company’s online tracking system. Previouslr is not responsible for possible errors or unavailability of information that transport companies may have on their website. The customer can also contact the customer service desk to request information on the status of his/her order.
If the customer requires a detailed invoice, the request must be made via email once the order has been placed. For this, the customer must clearly indicate the following information:

• Name and business name
• Tax ID number
• Billing address
• Order number

The invoice is not attached to the shipment. The order delivery note or the order confirmation sent by Previouslr to the customer cannot, under any circumstances, be used as invoice.

The customer acknowledges to be aware, at the time of purchase, of the particular conditions of sale related to the product and/or service in question which are displayed next to the presentation or, where appropriate, image on the website, indicating, for example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or service cost; and recognizes that the fulfilment of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable in each case.

Unless otherwise expressly stated,Previouslr is not the manufacturer of the products sold or that could be marketed on the website. Although Previouslr makes great efforts so that the information shown on the website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from the one that appears on the website. Therefore, the customer must not only consider the information provided by the website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

The communications, purchase orders and payments that take place during the transactions made on the Website may be archived and kept in the digital records in order to constitute a means of proving the transactions, in any case, in the respect of reasonable security conditions and the laws and regulations in force which in this respect are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27th, 2016, on the protection of natural persons with regards to the processing of personal data and the free circulation of these data (RGPD) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. PRODUCTS AND PRODUCT AVAILABILITY
The products offered by Previouslr are those indicated on the website. These products have unique characteristics and have a limited available stock. These products are handmade and therefore it is possible to find differences of colour and size between them.

The images and colours of the products offered for sale on the website may not correspond to the actual colours due to the effect of the internet browser and the screen used. While Previouslr makes great efforts to produce with care the presentation and description of its products to provide the most accurate information possible to the customer, Previouslr is not responsible for possible problems of appreciation, derived from the aforementioned fact, which the customer must accept.

The product descriptions are written to inform the customer of the main characteristics of the products without pretending to be exhaustive.
Due to the unique characteristics of the products, Previouslr has a limited stock of the products offered on the website. Previouslr is committed to shipping only orders placed within the limit of its available stock. A very frequent update of stock availability is performed.

The unavailability of a product will be indicated at the time of formalizing the purchase, or at a later time, as soon as possible, and not only when the product is added to the cart or basket.

Previouslr will not be responsible in case of lack of stock or unavailability of a product due to force majeure affecting the supply thereof, this will be equally applicable in cases in which the provision of a service became unfeasable.
Previouslr commits to inform the customer as soon as possible of the unavailability of one or more products and to reimburse any amount that may have been paid for the no longer available product.

The customer is responsible for verifying the possibility to import or use the products acquired according to the legislation of the country of destination and the requirements for it, accepting responsibility for its consequences.

Previouslr reserves the right to modify the product range.

5. PRICES AND PAYMENT
The prices indicated on the Website are in Euros and include French VAT for all sales within the European Union. For sales outside the European Union, prices are invoiced excluding VAT. Customs fees and duties are paid by the customer.
For non-EU countries the prices indicated on the website do not take into account the French VAT, the possible tariffs, customs charges, taxes and fees to be paid to the country of destination. These are not included and will be paid by the customer.
Product prices may be subject to modifications, of which the customer will be informed and given the possibility to withdraw from the purchase.
The customer has the obligation to verify the legislation of the country of destination of the order. Being the only responsible for its compliance, he/she must accept the responsibility of the consequences thereof.

Shipping costs are not included in the price.

The customer can pay for his/her order with the following accepted forms of payment:

Visa, Mastercard, American Express, Maestro, Apple Pay and Google Pay.

Previouslr uses all means to guarantee the confidentiality and security of the payment data transmitted by the customer during transactions through the Website.

The customer confirms having authorization for the use of the chosen means of payment.

In case of non-authorization of payment by the issuing bank of credit cards, the order will be canceled. Previouslr reserves the right to reject an order if the client has an ongoing litigation.

Product prices can change at any time. The possible changes will not affect the orders or purchases for which the customer has already received an order confirmation.

6. DELIVER

Previouslr currently offers shipping to most countries worldwide* (excluding P.O. boxes).

**Brexit Update: Shipping to the UK has been temporarily suspended until further notice, to give us time to comply with new trade regulations. Thank you for your understanding.**

The shipping cost will be calculated according to the weight and volume of the final shipment and to the delivery address.

The total amount of the delivery will be indicated on the website at the time of purchase.

Except in those cases in which there are unforeseen or extraordinary circumstances, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website according to the shipping method selected by the customer and, in any case, within a maximum period of 20 calendar days from the date of the order confirmation.

These terms are indicative and depend on the transport company. The customer must verify the shipping information provided to Previouslr on the order form to avoid any error or delay in delivery.

Previouslr will not be responsible for any error or delay in delivery due to the incorrect input of the information provided by the customer.
The customer accepts the payment of all return costs if the information of the delivery address has been transmitted incorrectly or incompletely and if the customer did not take delivery of the parcel on time.

Orders outside the European Union are not subject to VAT, however orders may be subject to possible taxes and customs duties of the country of destination. These amounts and any other document requested by the customs agencies are borne by the customer.

Previouslr can not be held liable for possible delays caused as a result of acts of third parties and as a consequence of circumstances or events beyond its control.
If for any reason, which was attributable to them, Previouslr could not meet the delivery date, contact the customer to inform him/her of this circumstance. The latter may then choose to proceed with the purchase by establishing a new delivery date or cancel the order and request a full refund of the price paid.

Home deliveries are made on working days at the place of destination.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the client or a third party indicated by the customer acquires the material possession of the products, which will be accredited by the signature of the delivery receipt at the agreed delivery address.

The risks that the products could derive will be borne by the customer from the moment delivery has been made by the carrier. The customer acquires ownership of the products at the time of delivery by the transport company and Previouslr has received full payment of the total price and shipping costs.

* We currently ship to the following countries:

7. MEANS OF DELIVERY

The means of transport used by Previouslr for the shipment of products are Colissimo, Mondial Relay for Europe and DHL Express for the rest of the world.

The services on offer are the following:

• Colissimo within Europe: delivery with signed acknowledgment of receipt. The tariff depends on the weight and volume of the product. The delivery is made to the delivery address indicated by the customer at the time of placing the order. 
• MONDIAL RELAY for France/Belgium/Luxembourg/Spain : delivery to specific Mondial Relay points. Delivery will take place within 48 hours from Tuesday to Saturday, except national holidays, within a time frame that varies from 08:00 to 21:00 according to the business and location (urban or rural) of the Delivery Point, no delivery will take place on Mondays. You can choose your closest Delivery Point. You will be informed of the availability of your package at your Delivery Point by email. A form of identification will be required in order to receive your package.
• DHL Express for the rest of the world: delivery with signed acknowledgment of receipt: the rate and delivery time depend on the weight, volume and the country of destination of the products, this information will be indicated to the customer before the confirmation of the purchase.

In case of delay in delivery according to the indicated period, the client will contact directly the transport company.

If necessary, the customer can contact the customer service to open a file for the search of the parcel. It may take between 3 and 4 weeks to receive an answer from the carriers.

If the parcel is found, it will be sent back to the customer. In the event that the parcel were not found, the customer can request a refund of the total purchase from Previouslr.

8. TECHNICAL MEANS TO CORRECT ERRORS
The client is informed that if he/she detects that an error has occurred when entering necessary data to process his/her purchase request on the Website, he/she may modify them by contacting Previouslr through the contact page enabled on the Website, and, where appropriate, through those authorized to contact the customer service, and/or using the contact information provided in the first clause “General information”.

Likewise, the client is referred to consult the Legal Notice and the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in the Organic Law 3/2018, of December 5, on Data Protection Personal and digital rights guarantee.

9. RETURNS

Return procedure

If you wish to return any item of your order, you have the right to withdraw from the sale within 14 calendar days after delivery.

To use this right, the products must be unused and in the same condition as when you received them, in their original packaging (with all labels etc.).

You will be responsible for the choice of transporter and for the cost of shipping the items back to our warehouse located in France (we recommend using a tracking system).

We will then reimburse you the cost of the products that you have paid within 14 working days after we receive your parcel.

HERE’S HOW TO PROCEED

1. Logon to “My account”
2. Go to “My Orders”. Select your order and click the option “Return Form”
3. Print the “Return Form” and Select the articles that you would like to return, indicating the reason for the return with the “Reason code”.
4. Send your order to:online@previouslr.com

Every product sent to the customer is packaged for optimal protection of the products during delivery. Previouslr asks the customer to respect the same conditions in case of return.

If in case of return, the product is received damaged due to insufficient packaging, Previouslr will be entitled to refuse such return, not accepting the shipment or returning the product to the sender being exempted from the refund obligation, or proceed to partial refund, minus damage suffered. In case of return of the product for this reason, the shipping costs will be borne by the recipient.

Due to the unique nature of the articles, considering the limited production and limited editions of the proposed products, Previouslr does not accept exchanges. In case of acceptance of a return the product will be refunded directly to the customer.
In order for Previouslr to accept the refund of a purchase, the following return conditions must be respected.

The product must not have been used, washed, soiled, damaged or modified, the product must remain in its original packaging with all the labels and all the elements of the original product. The products must be returned in a single shipment. Previouslr reserves the right not to accept items from the same order if they are returned or sent at different times.

Once the return has been accepted by the customer service, the customer can send the merchandise by the means and to the address that is provided according to the instructions that will be indicated.

The customer must contact the Previouslr customer service and let them know of the existing disagreement, defect/error, within 14 days after receipt of the product. The products will not be accepted after that period of 14 days. The customer service will respond within 48 hours, excluding non-working days.

Once the product is received, it will be verified and if it is in accordance with our return policy, the product will be reimbursed. The refund will be made within a period of 14 days. It will be done through the same payment method used by the customer during the purchase, unless the customer indicates otherwise. Previouslr will not reimburse the products if the return period is not respected.

The shipping costs will be paid by the customer.

Previouslr reserves the right to cancel an order totally or partially when there is cause for it, the customer being informed at the time of the decision.

The customer is responsible for inspecting the package of merchandise received at the time of delivery by the carrier and to notify in the presence of the carrier’s representative on the delivery note any anomaly. In this case, the customer must also inform Previouslr customer service as soon as possible.
In the event that the anomalies are not mentioned on the delivery note, no claim will be accepted afterwards.

If the product has been damaged during transport or the product is defective in some way, Previouslr will be responsible for the return costs as long as the customer has complied with the conditions to inform the customer service in a timely manner.

Right of withdrawal
The client, as a consumer and customer, who makes a purchase on the Website has the right to withdraw from said purchase within a period of 14 calendar days from the receipt of the order, without the need for justification.

To comply with the right of withdrawal in a timely manner, the customer only needs to communicate to the customer service through the form provided for that purpose on the website, of which the link is indicated below, unequivocally expressing the decision to withdraw in a way that ensures the request is received by its recipient before the deadline expires.

In case of withdrawal, Previouslr will reimburse the customer, all payments received, without undue delay and, in any case, no later than 14 calendar days from the date of delivery, date on which Previouslr received the goods back.

Previouslr will reimburse the customer using the same payment method that he/she used to make the initial purchase transaction. This refund will not generate any additional cost to the client.

And must do so without any delay and, always within the withdrawal period.
The return costs are charged to the customer who acknowledges and accepts that the return is made under his/her responsibility and risk. The customer is free to choose the shipping method he/she prefers. He/she will be responsible for the decrease in the value of the products resulting from handling the product in a way other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal, under the applicable law at the time of the contract, are considered, and always, in an enunciative manner, and non exhaustive, to fall under the following cases: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging as sealed by the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.

In any case the products must be in the same conditions as in the delivery. No refund will be made if the product has been used, washed, soiled, damaged, or if they are incomplete. These items will not be accepted.
Likewise, the products must be returned including all their original packaging, unaltered, the instructions and other documents that accompany them, as well as a copy of the delivery note / purchase invoice.

To exercice your right of withdrawal, you will find below a model of withdrawal form, which can be completed and sent to our customer service on contact us page


I hereby notify you of my withdrawal from the contract for the sale of the following items:

• Ordered on / received on (*):
• Purchase Order number:
• Name of the consumer:
• Address of the consumer:
• Signature of the consumer (only if this form is notified on paper):
• Date:
  
  (*) Delete as appropriate

Return of defective products or shipping error
It concerns all those cases in which the customer considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he/she should contact Previouslr immediately and let them know of the existing defect / error or non-conformity using the contact information provided in the “General Information” section.

The customer will be informed of how to proceed with the return of the products. Once returned, the products will be verified and the client will be informed within a period of 48 hours, if the refund is accepted or not and the reason for it. If the refund is not accepted, the customer will be asked to choose if he/she wants the product to be forwarded to them at their cost.

The refund of the product will be made within 14 days after the date on which the refund for the non-compliant items was communicated and confirmed. The refund will be made via the same payment method used at the time of purchase, unless the client indicates otherwise.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the initial delivery costs and any costs incurred by the customer to make the return. The refund will be made by the same payment method that the client used to make the payment of the purchase, unless the client indicates otherwise.

Guarantee
Previouslr recalls that the information of products, services and others offered on the web site does not replace, in any way and in any case, the vigilance of an adult at all times when children use a product.

Previouslr will not be in any way responsible in case of breach by the client of the legislation of the country where the products are delivered. The client must verify with the local authorities the possibility of importing and using the products or services object of purchase.

All claims must be made via the customer service, information indicated in the section “General Information”

10. DISCLAIMER OF LIABILITY
The products proposed by Previouslr are in compliance with European legislation, EEC regulations.

Previouslr will not assume any responsibility derived from the fact that the products do not respect the legislation of the country of delivery, which will be assumed entirely by the client.

The client is responsible for verifying the possibility of importing or using the products acquired according to the legislation of the country of destination.
Unless otherwise provided by law, Previouslr will not accept any responsibility for the following losses, regardless of their origin:

• Any losses that were not attributable to a breach on their part.
• Business losses, including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred.
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
• Likewise, Previouslr will also be limited in its responsibility in the following cases:
• Previouslr applies all the measures necessary to provide a faithful display of the product on the Website. However, Previouslr is not responsible for the minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems due to the browser being used or other cases of this nature.
• Previouslr will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, traffic jams, and in general any other situations specific to the sector, resulting in delays, losses or theft of the product.
• Technical failures that, due to incidental or other reasons, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Previouslr puts all means at the customers’ disposal for the purpose of carrying out the process of purchase, payment and shipment/delivery of the products, nevertheless disclaims liability for reasons that are not attributable to Previouslr, in cases of fortuitous event or force majeure.
• Previouslr will not be responsible for the misuse and/or wear and tear of the products that have been used by the customer. At the same time, Previouslr will not be responsible for an erroneous return made by the User. It is the customer’s responsibility to return the product correctly.
• Previouslr will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when those are due to events that are beyond its reasonable control, which are due to force majeure, and this may include the non-exhaustively listed cases below :

1. Strikes, business closures or any other measures of protest.
2. Civil commotion, uprising, invasion, threat or terrorist attack, declared war (or not) or threat or war preparations.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Impossibility of the use of trains, boats, airplanes, motor transportation or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Previouslr will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event.

Previouslr will use all reasonable means to find a solution that allows them to fulfill their obligations despite the cause of force majeure.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the client accepts that the communications of and with Previouslr are by electronic means, email or notices published on the Website.
For contractual purposes, the client consents to using this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Previouslr sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the client.

The client can send notifications and/or communicate with Previouslr through the contact information provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Previouslr can contact and/or notify the customer via his/her email address or at the address provided.

12. INTELLECTUAL PROPERTY
The complete content of intellectual property is owned by Previouslr, and can not be subject under any circumstances to be reproduced or used in whole or in part or give assignment of use to third parties without the express prior consent of Previouslr.

13. NULLITY
If any of these Conditions were declared null and void by a final decision issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in these constitute the entire agreement between the client and Previouslr in relation to the object of sale and replace any other agreement, agreement or previous promise agreed orally or in writing by the same parts.

The client and Previouslr acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

15. DATA PROTECTION
The information or personal data that the client provides to Previouslr in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy, contained, where appropriate, in the Legal Notice. By accessing, browsing and/or using the Website the client consents to the processing of said information and data and declares that all the information or data provided is true.

16. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and/or use of this Website and the contracts to purchase products through it will be governed by HK law.

Any controversy, litigation or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Previouslr and the client, will be submitted to the jurisdiction of French courts and tribunals.

17. COMPLAINTS AND CLAIMS
The client can send his/her complaints, requests or any other comment he/she wishes to make to Previouslr through the contact information provided at the beginning of these Conditions in the “General Information” section.

In addition, Previouslr has official complaint forms available to consumers and users, which can be requested to Previouslr at any time, using the contact information provided at the beginning of these Conditions in the section “General Information”.

Likewise, if from the conclusion of this purchase contract between Previouslr and the client arises a controversy, the client as a consumer may request an extrajudicial solution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council , of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. Details on this procedure can be accessed through the following website: http://ec.europa.eu/consumers/odr/

• Company Name：WHISPERING FABRICS PTE. LTD.
  Company Address：164 STIRLING ROAD
  #11-1200 MEI LING VISTA
  SINGAPORE (140164)