GENERAL TERMS OF SALE

 

The present General Conditions of Sale are up to date on 23/05/2023

 

Article 1. Definitions

 

These General Terms and Conditions of Sale (hereinafter referred to as "GTS") are proposed by the sole proprietorship SSIMONA, registered with the Paris Trade and Companies Register under the number 849214655.

Its premium rate telephone number is +33 6 66 54 94 55, and its email address is contact@ssimona.com.

The Sole Proprietorship is the owner and publisher of the website http://www.ssimona.com. The Site is hosted by Shopify, located at 11 Rue Ramey, 75018 Paris, France, reachable at +33 6 66 54 94 55.

The Site offers the Client the possibility of purchasing:

Women's and men's ready-to-wear clothing

Women's and men's fashion accessories

Interior and exterior decorative objects.

Before using the Site, the Client must ensure that they have the technical and computer means to use the Site and place orders for Products on the Site, and that their browser allows secure access to the Site. The Client must also ensure that the computer configuration of their equipment is in good condition and free from viruses.

 

 

Article 2. Application and enforceability of the GTS

 

These GTS define all the conditions under which the Sole Proprietorship sells the Products as offered for sale on the Site to Clients. Therefore, they apply to any order for Products placed on the Site by the Client.

The Client declares to have read and accepted these GTS before placing their order.

The validation of the order constitutes acceptance of these GTS. They are regularly updated, and the applicable GTS are those in force on the Site at the time the order is placed.

Any contrary condition set by the Client would therefore, in the absence of express acceptance, be unenforceable against the Sole Proprietorship, regardless of when it may have been brought to its attention.

The fact that the Sole Proprietorship does not invoke any provision of these GTS at a given time cannot be interpreted as a waiver of the right to invoke any provision of these GTS at a later date.

 

 

Article 3. Ordering Products on the Site

 

The Sole Proprietorship reserves the right to correct the content of the Site at any time.

The Client can find on the product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.

The Products offered for sale are described and presented with the utmost accuracy. However, a slight variation in the color of the product(s) does not engage the responsibility of the Sole Proprietorship and does not affect the validity of the sale.

The Client selects the Product(s) they wish to purchase and can access the summary of their order at any time.

The order summary presents the list of the Product(s) selected by the Client and includes any additional fees such as the delivery price added to the price of the Product(s) in the order. The Client has the possibility to modify their order and correct any errors before accepting the order.

After accessing the order summary, the Client confirms the acceptance of their order by checking the box to validate the GTS and then clicking on the order validation icon. The mention "Order with payment obligation" or an unambiguous similar statement appears next to the order validation icon to ensure that the Client explicitly acknowledges their obligation to pay for the order.

After accepting the GTS and validating the order with payment obligation, the contract is validly concluded between the Sole Proprietorship and the Client and binds them irrevocably.

After validating their order and in order to proceed with the payment, the Client enters the delivery and, if different, the billing address. The delivery process is described in Article 5 of these GTS.

The Sole Proprietorship then sends them an order confirmation by email, which includes the elements of their order summary as well as the provided delivery and, if applicable, billing addresses.

 

After validating their delivery and, if applicable, billing details, the Customer proceeds to payment for their Order according to the specified terms below.

 

 

Article 4. Price and Payment Conditions of the Order

 

Prices are indicated on the Website in the Product descriptions, in euros, excluding and including all taxes.

The total amount is displayed in the Order summary before the Customer accepts these General Terms and Conditions, validates their Order, provides and confirms their delivery and, if applicable, billing details, and proceeds to payment. This total amount includes all taxes.

Payment for Products on the Website is to be made in euros. The full payment must be made by the Customer on the day of the Order, using a credit card, unless expressly accepted otherwise by the Customer and the Micro-enterprise under specific sales conditions.

For credit card payments, the Website uses the secure payment system provided by PayPal, a specialized online payment security service. This system ensures the complete confidentiality of the Customer's banking information. The credit card transaction, carried out between the Customer and the secure system, is fully encrypted and protected. The Customer's banking details are not stored electronically by the Micro-enterprise.

The Customer guarantees to the Micro-enterprise that they have the necessary authorizations to use the chosen payment method when placing the Order.

The Micro-enterprise reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and stage of execution, in case of default or partial payment of any amount due by the Customer to the Micro-enterprise, in case of payment incident, or in case of fraud or attempted fraud related to the use of the website and the payment of an Order.

 

 

Article 5. Use of Services/Delivery

 

The product(s) offered on the Website can be delivered to any location.

The Micro-enterprise undertakes to deliver the product(s) within a maximum period of 5 to 10 days from the date of the Order.

The Customer will be notified by email when their Order is ready for shipment. The ordered product(s) will be delivered to the delivery address provided by the Customer during the Order, under the conditions specified in Article 3 of these General Terms and Conditions.

The Customer must ensure that the provided information is correct and remains so until the complete delivery of the ordered product(s). Therefore, the Customer agrees to inform the Micro-enterprise of any change in billing and/or delivery details that may occur between the Order and the delivery, by promptly sending an email to the customer service email address. In case of delay and/or delivery error resulting from the lack of information or incorrect information, the Customer cannot hold the Micro-enterprise liable, and the Micro-enterprise's customer service will contact the Customer for a second delivery at the Customer's expense.

The Micro-enterprise will also not be responsible if the non-receipt of the Products is due to the actions of a third party beyond its control or in case of theft.

In the event of an Order's return due to the Customer's absence, the Micro-enterprise's customer service will contact the Customer for a second delivery at the Customer's expense.

The Customer can track the delivery of their Order by contacting the customer service, whose number is indicated in Article 6.2 of these General Terms and Conditions.

 

 

Article 6. Customer Service

 

For any inquiries, clarifications, or complaints, the Customer must contact the Micro-enterprise's customer service as a priority, allowing them to attempt to find a solution to the problem.

The Micro-enterprise's customer service is available from 11 a.m. to 6 p.m. from Monday to Friday, using the following contact details:

Phone: +33 6 66 54 94 55 (premium rate number)

Email: contact@ssimona.com

Mail: 11 rue ramey 75018 Paris

Article 7. LEGAL AND COMMERCIAL WARRANTIES

 

All products offered by the Micro-enterprise are subject to the legal conformity warranty provided by the law, notably Articles L.217-4, L.217-5, and L.217-12 of the Consumer Code, and the warranty against hidden defects provided by Articles 1641 and 1648, paragraph 1, of the Civil Code:

A non-conforming product will be replaced or repaired according to the cost arrangements provided by the Consumer Code.

The legal conformity warranty applies independently of any commercial warranty that may be granted.

 

Thus, the Client:

has a period of two (2) years from the delivery of the product to take action in the event of non-compliance of the Product,

is exempt from providing evidence of the existence of the non-compliance of the goods during the six (6) months following the delivery of the product,

can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

 

In addition, the Client can also exercise the legal warranty for hidden defects in the sold item, as defined in Articles 1641 and following of the Civil Code. The legal warranty for hidden defects allows the Client, within a period of two years from the discovery of the defect, to obtain a refund for a Product that proves to be unfit for its intended use.

The warranty for hidden defects allows the Client to be protected against hidden defects in the purchased product that render it unusable or affect it to such an extent that the Client would not have purchased it.

The Client then has the choice between two options: keeping the product and requesting a price reduction, or returning the product and requesting a refund of the price paid, in accordance with Article 1644 of the Civil Code.

 

The following legal provisions are reminded:

 

Art. L217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made their responsibility by the contract or was carried out under their responsibility."

 

Art. L217-5 of the Consumer Code: "The goods comply with the contract: 1° If it is suitable for the purpose usually associated with such goods and, if applicable, (a) if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 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 seller's attention and accepted by the latter."

Art. L217-7 of the Consumer Code: "Any lack of conformity that becomes apparent within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."

 

Art. L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, they cannot contest the conformity by invoking a defect they were aware of or could not have been unaware of at the time of contracting. The same applies when the defect originates from materials they themselves supplied."

 

Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed with the alternative method chosen by the buyer, unless it is impossible."

 

Art. L217-10 of the Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price or keep the goods and be refunded a portion of the price. The same option is available to them: 1° If the requested solution, offered, or agreed upon in accordance with Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, considering the nature of the goods and the intended use. However, the resolution of the sale may not be pronounced if the lack of conformity is minor."

 

Art. L217-11 of the Consumer Code: "The application of Articles L. 217-9 and L. 217-10 is free of charge for the buyer. These same provisions do not prevent the awarding of damages and interest."

 

Art. L217-12 of the Consumer Code: "The action resulting from lack of conformity is time-barred two years from the delivery of the goods."

 

Art. L217-13 of the Consumer Code: "The provisions of this section shall not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided in Articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action granted to them by law."

 

Art. 1641 of the Civil Code: "The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have given a lesser price for it if they had known of the defects."

 

Art. 1642 of the Civil Code: "The seller is not liable for visible defects which the buyer was able to ascertain themselves."

Art. 1643 of the Civil Code: "They are liable for hidden defects, even if they were unaware of them, unless they have stipulated that they will not be bound by any warranty."

 

Art. 1644 of the Civil Code: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and being reimbursed the price or keeping the thing and being refunded part of the price."

 

Art. 1646 of the Civil Code: "If the seller was unaware of the defects in the thing, they shall only be liable to return the price and reimburse the buyer for the expenses occasioned by the sale."

 

Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. (…)"

If a Client believes they have received a product that they consider defective or non-compliant, they must contact the Micro-enterprise as soon as possible after receiving the Order, at the following email address: contact@ssimona.com, or by registered letter with acknowledgment of receipt to the following address: 11 rue ramey 75018 Paris, specifying the defect or non-compliance in question.

It will be the responsibility of the Client to provide any justification regarding the designation of apparent defects and/or observed anomalies. The Client must allow the Micro-enterprise all necessary facilities to assess these defects or non-compliances and to remedy them if necessary. The Client shall refrain from intervening themselves or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the Micro-enterprise, it will then provide the Client with instructions on how to proceed after examining the claim, and if applicable, replace the product that the Micro-enterprise has found to be defective or non-compliant.

 

In the event that product replacement is impossible, the Micro-enterprise will be obliged to refund the Client within fourteen days of receiving the product. The refund will be made at the proposal of the Micro-enterprise by crediting the Client's bank account, with the Client being able to choose an alternative method of refund.

 

 

Article 8. Customer Obligations

 

The Client agrees to comply with the terms of these General Terms and Conditions.

The Client agrees to use the Site in accordance with the instructions of the Micro-enterprise.

The Client acknowledges that they will only use the Site for personal use, in accordance with these General Terms and Conditions. In this regard, the Client agrees to refrain from:

 

To use the Site in any illegal manner, for any illegal purpose, or in any way incompatible with these Terms and Conditions;

To sell, copy, reproduce, rent, lease, distribute, transfer, or sublicense any or all of the content on the Site or decompile, disassemble, modify, display in a form readable by the Client, attempt to discover any source code, or use any software activating or including any part of the Site;

To attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site;

 

To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to access the Site unauthorized;

 

To infringe upon the intellectual property rights of the Micro-enterprise and/or resell or attempt to resell the products to third parties;

 

To disparage the Site, products, and the Micro-enterprise on social media and any other means of communication.

 

If, for any reason, the Micro-enterprise determines that the Client is not complying with these Terms and Conditions, the Micro-enterprise may, at any time and at its sole discretion, delete the Client's access to the Site and take any measures, including legal action, civil and criminal, against the Client.

 

 

Article 9. Right of Withdrawal

 

In accordance with articles L.221-18 and following of the Consumer Code, the Client has a period of 14 days from the receipt of the last product ordered on the Site to exercise their right of withdrawal with the Micro-enterprise, without having to provide any justification or pay any penalties.

All Products/Services are eligible for withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

For the supply of fully performed services before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;

For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;

For the supply of goods made to the consumer's specifications or clearly personalized;

For the supply of goods liable to deteriorate or expire rapidly;

For the supply of sealed goods that are not suitable for return due to health or hygiene reasons and were unsealed after delivery;

For the supply of goods that are inseparably mixed with other items after delivery, by their nature;

For the supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and whose value is agreed upon at the conclusion of the contract and subject to fluctuations on the market beyond the control of the professional;

For urgent repair or maintenance work to be carried out at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the emergency;

For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

For the supply of newspapers, periodicals, or magazines, except for subscription contracts to these publications;

Concluded at a public auction;

For the provision of accommodation services other than residential accommodation, transport of goods, car rentals, catering, or leisure activities to be provided on a specific date or period;

For the supply of digital content not supplied on a tangible medium, the performance of which began after the consumer's express prior agreement and express waiver of their right of withdrawal.

 

To exercise their right of withdrawal from the Order, the Client must notify their decision to withdraw using the withdrawal form provided in the appendix hereto or by means of an unambiguous statement, without stating any reasons. The Client may communicate their decision to withdraw to the Micro-enterprise by any means, including sending it by mail to the following address: 11 rue ramey, or by email to contact@ssimona.com.

Upon receiving the Client's notification of withdrawal, regardless of the means used, the Micro-enterprise will promptly send an acknowledgement of receipt of the withdrawal on a durable medium (including by email).

The Client must return the product(s) in the same condition as they received it/them, along with all packaging, accessories, and instructions (even if the product(s) has/have been unpacked), as soon as possible and no later than 14 days from the date of notification of the withdrawal decision under this contract, to the following address: 11 rue ramey. In accordance with the law, the Client bears the cost of returning the product(s).

In the event of the Client's withdrawal, the Micro-enterprise will refund the product(s) covered by the right of withdrawal using the same means of payment used for the initial transaction, unless the Client expressly agrees to a different method. In any case, this refund will not incur any fees for the Client. The refund will be made as soon as possible, and no later than 14 days from the day the Micro-enterprise is informed of the Client's decision to withdraw their Order.

In accordance with Article L.221-23 of the Consumer Code, the Client is informed that their liability is only incurred for any depreciation of the product(s) returned as a result of handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

 

 

Article 10. Liability

 

The Micro-enterprise takes all measures to ensure the Client's supply of quality product(s) under optimal conditions. However, it shall not be liable under any circumstances for any non-performance or improper performance of all or part of the services provided under the contract, which can be attributed either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. Furthermore, if the liability of the Micro-enterprise were to be engaged, it could not under any circumstances accept to compensate the Client for indirect damages or damages whose existence and/or quantum are not established by evidence.

The Micro-enterprise shall not be held responsible for damages caused by misuse of its products or non-compliance with instructions for use, storage, hygiene, and safety conditions when using its Products/Services.

The Site may contain links to other websites that are not edited or controlled by the Micro-enterprise, which shall not be held responsible for the functioning, content, or any element present or obtained through these websites.

The establishment of such links or the reference to any information, articles, or services provided by a third party shall not be construed as an express or tacit endorsement by the Micro-enterprise of these sites and their elements or their content.

The Micro-enterprise is not responsible for the availability of these sites and cannot control their content or endorse the advertising, product(s), or other information disseminated on these websites.

It is expressly stipulated that the Micro-enterprise shall not be held responsible in any way if the Client's computer equipment or email system rejects, for example due to anti-spam measures, the emails sent by the Micro-enterprise, including, but not limited to, the copy of the payment receipt, the summary of the Order, or the shipping confirmation email.

"The Client is fully aware of the provisions of this article, including the aforementioned guarantees and limitations of liability, which are essential conditions without which the Micro-enterprise would never have entered into the contract.

 

 

Article 11. Security

 

The Client undertakes not to compromise the security of the Site. To this end, the Client agrees not to engage in any unauthorized and/or fraudulent access or maintenance of the Micro-enterprise's information system. The Client shall not impair or impede the Micro-enterprise's information system. Failure to comply will allow the Micro-enterprise to take any necessary measures, including initiating criminal liability under Articles 323-1 and following of the Penal Code.

 

 

Article 12. Intellectual Property and Personal Data

 

All elements of this Site and the Site itself are protected by copyright, trademark law, design and model law, and/or any other intellectual property rights. These elements are the exclusive property of the Micro-enterprise. All rights are reserved worldwide.

The name and trademark, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Micro-enterprise.

No title or right to any element or software shall be obtained by downloading or copying elements from this Site. The Client is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, modifying them, or creating derivative works based on them, selling or participating in any sale related to this Site, the elements of this Site, or any software related thereto.

The Micro-enterprise grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of the Site's use.

The Client is strictly prohibited from using the trade names, trademarks, and distinctive signs belonging to the Micro-enterprise unless expressly and priorly authorized by the Micro-enterprise.

The Micro-enterprise understands that data protection and privacy are important issues for all Internet users visiting the Site. The Micro-enterprise undertakes, in accordance with the GDPR regulations, to respect your privacy and protect your personal data, i.e., data that can directly or indirectly identify you as an individual.

As part of the order, the Micro-enterprise may collect personal data from the Client. The Micro-enterprise undertakes to protect the personal data of its clients.

The files containing personal data necessary for the order are notably stored on the servers of the Site's hosting provider. This provider ensures compliance with the provisions of the General Data Protection Regulation (GDPR). The Micro-enterprise does not disclose or trade the personal data of its clients.

At the order stage on the Site, the Client expressly consents to the collection and processing of their personal data necessary to process the orders.

The personal data collected by the Micro-enterprise are intended to facilitate the completion of the order. The various personal data will not be retained for longer than necessary for the purposes for which they were collected, including compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as the "Informatique et Libertés" law, and the General Data Protection Regulation (GDPR), subject to providing proof of your identity, every Client, regardless of their nationality, has the right to access, modify, and delete their personal data. Each Client also has the right to request a limitation of the processing of their data, as well as the right to data portability and the right to object to the processing of their personal data.

For the purpose of implementing this clause and, in particular, ensuring the confidential treatment of Clients' data, the Micro-enterprise has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer who can be contacted at the following address: contact@ssimona.com

In any case, every Client has the right to lodge a complaint with the CNIL (French data protection authority).

 

 

Article 13. Newsletter

 

By ticking the box provided for this purpose or by expressly agreeing to it, the Client accepts that the Micro-enterprise may send them a newsletter (information letter) containing information about its activities, at a frequency and in a form determined by the Micro-enterprise.

When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, they agree to receive commercial offers from the Micro-enterprise for products similar to those ordered.

Clients will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters)."

 

Article 14. Telephone Sales Opt-Out List

 

The Customer has the option to freely register on a telephone sales opt-out list called BLOCTEL (www.bloctel.gouv.fr) in order to no longer receive telephone solicitation calls from a professional with whom they do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, relating to consumer protection. Every consumer has the possibility to register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.

Article 15. Applicable Law and Jurisdiction

These General Terms and Conditions are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.

In the event of a dispute arising from the interpretation and/or execution of these terms and conditions, or in connection with these General Terms and Conditions, the Customer may decide to submit the dispute with the Micro-business to a conventional mediation procedure or any other alternative dispute resolution method.

In accordance with the provisions of the Consumer Code regarding amicable settlement of disputes, the Micro-business adheres to the service of the Mediator for e-commerce (cnpm-mediation-consommation), whose contact information is as follows: 27 Avenue de la Libération, 42400 Saint-Chamond, France - https://www.cnpm-mediation-consommation.eu/.

You can use the mediation service for consumer disputes related to an online purchase. To learn about the procedure for contacting the Mediator: https://www.cnpm-mediation-consommation.eu/demande-de-mediation.php

It is also noted that mediation is not mandatory but only proposed in order to resolve disputes without resorting to the courts.

The Customer can also access the European platform for online dispute resolution set up by the European Commission at the following address, which lists all the approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

In the event of failure of this mediation procedure or if the Customer wishes to bring a claim before a court, the rules of the French Code of Civil Procedure will apply.

 

 

Annex 1 WITHDRAWAL FORM

 

SSIMONA 8 boulevard de Ménilmontant 75020 Paris contact@ssimona.com +33 6 66 54 94 55

I hereby notify you of my withdrawal from the contract concerning the sale of the following product(s)/service(s):

Ordered on: Received on: Order number: Customer name: Customer address:

Date:

Customer signature: