General Terms and Conditions of Sale and Use
1. About us
The Company SOPHIE DEH COUTURE, limited liability company, with the capital of 5 000 euros, whose registered office is with CHAVILLE (92370) 62 RUE ALEXIS MANEYROL, registered with the register of the trade and the companies of NANTERRE under the number 843 174 640 represented by Mrs. NANCY FEZA-IGEGA (hereafter "the Company"). The Company sells the following products to its Clients via its Internet site CLOTHES, BAGS, SHOES, FURNITURE.
The Company invites the Users to read carefully the present General Terms and Conditions of Sale and Use (hereinafter the "GTC/UG"). Placing an Order implies acceptance of the GCS/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges that he/she has read them and accepted them by ticking the appropriate box before placing his/her online Order.
The GCS/GU shall govern the conditions under which the Company sells its Products to its Professional and Consumer Clients via its Internet Site.
They apply to all sales made by the Company and supersede any conflicting document, in particular the Client's general terms and conditions of purchase.
They are systematically communicated to the Client who requests them.
In the event of any subsequent modification of the GTC/GU, the Client shall be subject to the version in force at the time of the Order.
"Customer" refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site;
"Order" refers to any order placed by the User registered on this Web Site;
"General Terms and Conditions of Sale and Use" or "GTC/UG" means the present general terms and conditions of use and online sales;
"Consumer" means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;
"Professional" means the buyer, whether a legal entity or an individual, who is acting in the context of his professional activity;
"Site" indicates the present Site, i.e. WWW.sophiedeh.com;
"Company" indicates the Company SOPHIE DEH COUTURE, more amply indicated in article I of the present; and
"User" means any person who uses the Site.
The inscription with the Site is opened to all the moral or natural people major and enjoying their full personalities and legal capacities.
The use of the Site is conditional upon the registration of a User. Registration is free of charge.
In order to register, the User must fill in all the compulsory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to this information and available in their account.
All registered Users have a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall not be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularise the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site.
However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/GU, the offending User is expressly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the Company's express permission.
Orders may only be placed once the User has registered on the Site. The User may add Products to his virtual basket when he is logged in to his account. The User can then access the summary of his/her virtual basket in order to confirm the Products he/she wishes to order and place his/her Order by pressing the "Order" button.
The Customer shall enter an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.
The Company shall be entitled to offer the Client price reductions, discounts and rebates depending on the number of Products available on the Web Site ordered or the regularity of the Orders, in accordance with the conditions set by the Company.
6. Products and prices
The Products covered by the GTC/UG are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is subject to the Company's available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and taking into account the applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Client a detailed quotation setting out the price calculation formula.
Under no circumstances shall a User be entitled to demand the application of discounts that are no longer in force on the date of the Order.
7. Terms of payment
Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company shall be free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
- Bank transfer
- Credit card via a secure connection
In the event of failure to pay for the Products in full or in part by the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation used is the most recent on the date of the Order for the services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client shall automatically give rise to the payment of a fixed penalty of 40 euros due by way of collection costs.
In the event of non-payment of the Products in full or in part by the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for late supply of the Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior notice of default being necessary.
The Products are delivered exclusively in the following geographical areas:
- Metropolitan France
- European continent
- North America
The Company undertakes to make every effort to deliver the Products as quickly as possible. These may vary according to the Client's geographical area, the delivery method chosen or the Product ordered.
If the 2-month delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.
In this case, the Client will be reimbursed within 30 days if payment has already been made.
In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Client.
In addition, the Company cannot be held responsible for reasons related to exceeding delivery times:
- in periods of high demand, such as the Christmas and New Year period,
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
- for events attributable exclusively to the carrier responsible for delivery.
Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site:
- to the address indicated by the Customer at the time of placing the Order by ordinary post.
- at one of our partner locations as indicated on the Site. A valid form of identification shall be required to collect the Products. Otherwise, the Products ordered cannot be delivered to the Customer.
- by So Colissimo. Delivery is made by La Poste according to its current delivery times. The Customer may be delivered :
- at his home with hand delivery. In case of absence, delivery in letterboxes or at the post office. If the Customer has not collected the parcel within 10 days, it will be returned to the sender.
- at home by appointment.
- in one of the 35 Cityssimo parcel spaces, 24 hours a day, 7 days a week, within 10 days.
- In the post office of your choice within 10 days.
- at one of So Colissimo's partner retailers
For all Orders placed on this Site, the Client has the right to make a claim within 30 days of receiving the Product. It is the Client's responsibility to check the apparent state of the Products upon delivery. If no reservations are expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
In order to exercise this right of complaint, the Client must send the Company, at email@example.com, a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (receipt form countersigned by the carrier, photographs, etc.).
A claim that does not respect the conditions described above cannot be accepted.
The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 1 month as from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer shall send a declaration to the following address: firstname.lastname@example.org.
The Products must be returned in their original packaging and in perfect condition within 10 days of the Consumer notifying the Company of the withdrawal. The direct costs of returning the Products shall be borne by the Consumer.
The Consumer will be reimbursed for all the costs paid for the placing of the Order within 14 days of the Company becoming aware of his/her declaration of withdrawal.
The refund will be made by the same means of payment as that used for the purchase.
11. Transfer of risk and ownership
The Company retains a right of ownership over the Products sold until full payment of the price by the Client.
It may therefore repossess the said Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company as compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks takes place on delivery or when the goods are collected from the shop if the Client has chosen in-store delivery.
12. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "
Article L.217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them."
Any Product resold altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
The Client shall inform the Company of the existence of defects within two years. The Company shall rectify the Products found to be defective as far as possible. If the Company's liability is accepted, the guarantee is limited to the amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the guarantee.
The Company reserves the right to modify the Site, the GTC/GTC as well as any delivery procedure or any other element constituting the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the GTC/UGS in force at the time the Order is placed.
14. Processing of personal data
Registration on the Web Site entails the processing of the Customer's personal data. If the Customer does not agree to the processing of his/her data, he/she is requested to refrain from using the Website.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, rectify, modify and oppose all of his personal data at any time by writing, by post and providing proof of his identity, to the following address
This personal data is necessary for the processing of the Order and the preparation of invoices, if applicable, as well as for the improvement of the Site's functionalities.
15. Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the Site.
These third party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving such commercial offers by writing to the Company's address indicated above or by clicking on the link provided for this purpose in the e-mails received.
In addition, Customer information may be passed on to third parties without their prior express consent in order to achieve the following objectives
- to comply with the law
- to protect any person from serious bodily harm or death
- to combat fraud or harm to the Company or its users
- to protect the Company's property rights.
16. Data protection
The Company ensures an appropriate level of security proportionate to the risks involved as well as their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a "cookie" file on the User's hard disk.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunctioning shall in no way constitute damage for the member who shall not be entitled to claim any compensation as a result.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it does everything in its power to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.
19. Intellectual property
The brand, the logo and the graphic charter of this Site are trademarks registered with the INPI and are intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.
20. Jurisdiction clause
The law governing the GTC/GU is French law. Any dispute that may arise between the Company and a User during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.
21. Acceptance of the GTC/GU
The Customer or User expressly accepts the GTC/GU.
The Customer declares that he/she is aware of them and waives the right to rely on any other document, in particular his/her own general terms and conditions of purchase.
The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular
- the essential characteristics of the Product
- the price of the Products;
- the date or period within which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to legal and contractual guarantees and their implementation procedures;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, methods of exercise).