Terms & Conditions
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Terms & Conditions of Sale
The following Terms & Conditions of Sales (hereinafter referred to as the “General Conditions”) regulate the relationship between:
SON NOGUERA (FIONA WINDISCH), a sole trader registered under French Company Registration (SIRET) Number 751 074 618 00016, exempt from registering at the Commerce and Business Registry and the Trade Directory in accordance with Article L. 123-1-1 of the French Commercial Code, based at 18 rue Dauphine - 75006 Paris (hereinafter referred to as the “Vendor”), the publisher of the accessories sales website www.sonnoguera.com (hereinafter referred to as the “Website”);
The non-trading individual wishing to make a purchase for strictly personal and/or private needs at the Website (hereinafter referred to as the “Buyer”).
(hereinafter referred to, individually or collectively, as the “Party” or “Parties”)
1.1. The purpose of these General Conditions is to inform any potential Buyer of the conditions and means by which the Vendor sells and delivers the products presented on its Website (hereinafter referred to as the “Product(s)”) and to define the rights and obligations of the Parties with regard to the sale of Products by the Vendor to the Buyer.
1.2. These General Conditions apply without restriction or reserve to all sales of Products offered by the Vendor on its Website. As a result, in ordering a Product offered for sale at the Website the Buyer fully accepts these General Conditions and acknowledges that they are familiar with them prior to placing their order.
1.3. The Vendor reserves the right to amend these General Conditions at any time. The Vendor advises the Buyer and any user in general to keep abreast of any potential amendments to the General Conditions by rereading them. The General Conditions accepted by the Buyer at the moment of placing their order are those that shall apply to said order.
2. PRODUCT INFORMATION
2.1. In accordance with Article L. 111-1 of the French Consumer Code, the Website shall present the main characteristics of the Products for sale, providing the Buyer with the following information prior to the placing of the order:
- Product name
- Price in euros
2.2. Photographs of the Products are shown for illustrative purposes. The bags and clutch bags available on the Website are handmade and the patterns, the position of the patterns and the colours may vary from one product to another.
3. ORDER PROCESS
3.1. The procedure for placing orders at the Website comprises the following stages (hereinafter referred to as the “Order”):
- The Buyer selects a Product on the Website and chooses the required amount (between one and three).
- Once they have made their selection, the Buyer may order the selected Product directly, i.e. by placing it in their basket.
- The basket shows a summary of the Product(s) selected (Product name, colour, quantity, price, delivery rates for the delivery zone selected by the Buyer).
- The Buyer has the option of changing the quantity ordered or deleting the Product(s) selected.
- The Buyer may then choose to continue with their purchases or confirm their Order.
- By clicking on “Payment with Paypal”, the Buyer confirms they wish to order the Products in the basket and gives their agreement to the total price of said Products.
- The legal notices “I accept the Terms & Conditions of Sale” and “I am informed that my order will be treated within the limits of available stocks” will then appear. The Buyer must click on these two legal notices to continue placing their Order.
- The Buyer is then directed to Paypal’s secure site, where they must enter their contact details and delivery address before paying for their Order.
3.2. A confirmation email will be sent immediately to the Buyer to the email address given in placing their Order. Said email will provide the following information:
- The reference numbers of the Products ordered.
- Delivery times.
- The price (including tax and VAT) and delivery rates.
- Notification of the right to cancel.
- Information on the refund process, in the event that the Products ordered are not available, and in accordance with Article 4 of these General Conditions.
The Buyer will also receive confirmation of payment from Paypal.
3.3. Once it has been confirmed, the Order may not be cancelled except in the circumstances set out in the following articles: “Product Availability” (Article 4), “Delivery” (Article 5) and “Right to Cancel and Cancellation Period” (Article 8) of these General Conditions.
4. PRODUCT AVAILABILITY
4.1. The Vendor is a retailer and does not sell the Products in large quantities. As a result, the Buyer may not order more than three (3) of each product at any one time.
The Vendor also reserves the right to reject Orders comprising more than ten (10) Products.
The Buyer will be informed of such action as soon as possible by email and will have the following options as a result:
- To choose the ten (10) Products they wish to keep and to receive a refund for the amount corresponding to the Products removed from their Order, by cheque if the Buyer is in France or by Paypal if they are outside France, within a period of thirty (30) days from the date the Buyer notifies the Vendor of their decision.
- To cancel the Order entirely, in which case the cost of the Order will be fully refunded, by cheque if the Buyer is in France or by Paypal if they are outside France, within a period of thirty (30) days from the date the Buyer notifies the Vendor of their decision.
4.2. To be deemed valid, Product offers must be visible on the Website and the Products in question must be in stock.
Should the Products ordered be unavailable after the order has been placed, the Buyer will be informed as soon as possible by email. They will be refunded the amount paid, by cheque if the Buyer is in France or by Paypal if they are outside France, within a period of thirty (30) days.
Delivery can only take place once the Buyer has confirmed the Order and the Vendor has received payment.
5.1. Delivery options, rates and times
Unless otherwise indicated by the Buyer, the ordered Products will be sent to the address provided by the Buyer in placing their Order.
All Products are delivered by post.
Delivery rates must be paid by the Buyer and vary according to the number of Products purchased and the delivery zone selected by the Buyer.
If the delivery zone selected by the Buyer in filling their basket differs from the actual delivery address given by the Buyer in placing their Order, the Vendor will indicate in their confirmation email any additional charges to be paid by the Buyer for delivery to the actual delivery address. In such an event the Buyer will have the following options:
- To agree to pay the additional delivery charges via Paypal.
- To cancel the Order entirely, in which case the cost of the Order will be refunded in full, by cheque if the Buyer is in France or by Paypal if they are outside France, within a period of thirty (30) days from the date the Buyer notifies the Vendor of their decision.
Delivery rates may be amended at any time in response to any changes in postal prices.
5.1.1. Delivery rates for Metropolitan France, Corsica and Monaco:
The order will be sent with « Colissimo Expert F » (Signature on delivery and online tracking):
- between one (1) and ten (10) Item(s): free.
Order picking time: 1- 3 working days.
Delivery time: 2-3 working days.
Total delivery time: 3-6 working days.
5.1.2. Delivery rates for European Union and Switzerland:
The order will be sent with « Colissimo International » (Signature on delivery and online tracking):
- All Item(s): 14 euros (all taxes included)
Order picking time: 1- 3 working days.
Delivery time: 4-5 working days.
Total delivery time: 5-8 working days.
5.1.3. Delivery rates for Overseas and rest of the world:
The order will be sent with « Colissimo International » + Tracking number
- All Item(s) : 20 euros (all taxes included);
Order picking time: 1- 3 working days.
Delivery time: 8-10 working days.
Total delivery time: 9-13 working days.
In accordance with Article 6, “Product Pricing”, in the event of delivery outside the European Union, import duties and taxes will be paid exclusively by the Buyer.
The Buyer or the addressee of the Order is required to check the condition of the package and the Products on delivery.
Should the package be damaged or open etc, or the Products missing or damaged etc, the Buyer must notify the Vendor by email within five (5) business days of receiving the Order.
The Buyer must observe the procedure set out in Article 9, “Returns”, when returning damaged Products to the Vendor.
In the event the Vendor deems the claim to be founded, they will proceed as soon as possible with the replacement or refunding of the damaged Products and/or the delivery of the missing Product(s).
The Vendor shall not be held responsible for any problems resulting from an oversight or mistake made by the Buyer.
In the event of the Buyer failing to observe the claims procedure, they will not be entitled to have the Product replaced or receive a refund.
5.3. Late delivery
In accordance with Articles L.114-1 and R.114-1 of the French Consumer Code, in the event of delivery still not having been made seven (7) days after the delivery date indicated in the confirmation email, for reasons other than force majeure or an error on the part of the Buyer, the addressee of the Order or a third party, the Buyer has the right to cancel their Order by registered letter with acknowledgment of receipt and to be refunded.
The right to cancel an Order due to late delivery may be exercised within a maximum period of (60) working days from the delivery date indicated in the confirmation email.
In the event that the Order is delivered following cancellation, the Buyer may return the Products contained in the cancelled Order in accordance with the procedure described in Article 9, “Returns”.
The Vendor shall not be held responsible for the non-delivery of a package when the delivery details entered by the Buyer in placing the Order are incorrect. Any possible charges for redirecting the Order will be met by the Buyer.
6. PRODUCT PRICING
6.1. Prices are listed in EUR (€) and do not include delivery costs, which are indicated before the Order is submitted.
6.2. The Vendor is a sole trader, and in accordance with Article 293 B of the General Tax Code, the Products are not subject to VAT.
6.3. The Vendor reserves the right to change the price of the Products at any time. It should be stated, however, that the prices published on the Website on the day that the Order is confirmed by the Buyer shall apply.
6.4. All Products delivered outside the European Union and overseas may be subject to customs charges, other local taxes or import taxes or charges. These fees and charges are not the concern of the Vendor. They must be borne by the Buyer, who is entirely responsible both for declaring items and for paying the necessary charges to the relevant authorities and bodies.
Buyers located outside the European Union and overseas are advised to contact the local authorities for further information on customs issues.
6.5. The Products remain the property of the Vendor until they are paid for in full.
7. METHODS OF PAYMENT
7.1. Payment is made online when the Order is placed, via Paypal’s secure site.
The Buyer has the option of paying for the Order:
- By debit card.
- By secure payment via Paypal, in which case the Buyer must have a Paypal account.
Paypal uses SSL encryption, which ensures bank details remain confidential
Paypal’s General Conditions of Use apply to the transaction.
When payment is made the Buyer receives a confirmation email from the Vendor and a confirmation email from Paypal as proof of payment.
7.2. The Vendor reserves the right to suspend or cancel an Order and/or delivery, of whatever type and at whichever stage of the process, if the Buyer fails to make payment or makes only a partial payment, if a problem arises with the payment or if fraudulent use, attempted or otherwise, is made of the Website. This clause also pertains to previous orders.
8. RIGHT TO CANCEL, CANCELLATION PERIOD AND REFUNDS FOLLOWING CANCELLATION
8.1. Right to cancel and cancellation period
In accordance with Article L.121-20 of the French Consumer Code, the Buyer has seven (7) full days from the delivery of their Order to return, at their own expense, the Products ordered. In doing so the Buyer is under no obligation to explain their reasons for doing so and no penalty charges shall be imposed on them.
8.2. Refunds following cancellation
Should the Buyer decide to exercise their right to cancel within the aforementioned time period, they may choose to exchange the Products or receive a refund for the Products returned.
Refunds are paid by cheque if the Buyer is in France or via Paypal if they are overseas, and in accordance with Article L.121-20-1 of the French Consumer Code, no later than (30) days after the date said right was exercised.
Only the cost of the Products is refunded. The Buyer must meet the cost of returning the Products unless they make a claim that is deemed to be founded (Article 5.2.).
In canceling their Order the Buyer must follow the procedure set out in Article 9, “Returns”.
In all cases, Products must be returned complete and in their original condition so that they may be put on sale again. They must also be accompanied by the confirmation email.
9.1. In accordance with the articles “Claims” (5.2.), “Late delivery” (5.3.) and “Right to cancel and cancellation period” (8), the Products may be returned by the Buyer to the Vendor.
In accordance with the articles “Late delivery” (5.3.) and “Right to cancel and cancellation period (8), the Products must be returned to the Vendor in perfect condition and in their original packaging so that they may be put on sale again.
The Products must be accompanied by the confirmation email sent by the Vendor to the Buyer.
The Products shall be returned by registered parcel post or mail with an acknowledgment of receipt to SON NOGUERA, 18 rue Dauphine – 75006 Paris.
Return charges must be paid by the Buyer, except in the event that any claim they make with regard to the delivered Products is deemed to be founded.
9.2. In the event that the Products are exchanged, the Buyer or the addressee of the Order is required to cover the cost of the new delivery.
9.3. The Buyer is liable for any risks relating to the return of the Products.
10. LEGAL GUARANTEE
The Products marketed are covered by the legal guarantee of conformity set out in Articles L. 211-4, L. 211-5 and L.211.12 of the French Consumer Code and by the guarantee pertaining to critical defects, such as that resulting from articles 1641 to 1649 of the Civil Code.
11. CUSTOMER SERVICE
Should they require any further information or have any queries, Buyers may contact customer service at firstname.lastname@example.org.
12. PROTECTION OF PERSONAL DATA
12.1. The information that the Buyer is requested to provide is necessary for the processing of their Order.
12.2. In accordance with the Data Protection Act of 6 January 1978, the Buyer has the right to object to the Vendor processing their personal data, and the right to access, amend, alter and remove any personal data relating to them.
The Buyer specifically has the right to ask the Vendor to confirm if their personal data will be processed or not, to request information as to the purpose of said processing, and to ascertain which types of companies said data will be sent to.
The Buyer may request a copy of their personal data, which will be forwarded to them following payment of the cost of producing said data.
The Vendor does have the right, however, to object to requests that are clearly excessive in terms of their quantity and repetitive or systematic nature.
The Buyer may exercise these rights by emailing a request to customer service and stating their full contact details.
12.3. The Website is the subject of a declaration made to the French Information Commissioner’s Office (CNIL) under reference number 1619026.
13.1. The Vendor promises to describe the Products presented on the Website as accurately as possible. However, the photographs or other representations of the Products are provided for purely illustrative purposes and do not have any contractual value.
13.2. Under the terms of these General Conditions the Vendor shall not be held liable for failing to comply with their obligations if the cause of said non-compliance is attributable to an error on the part of the Buyer, an unforeseeable and insurmountable problem involving a third party, or a case of force majeure.
13.3. Similarly, the Vendor shall not be held liable for the use of the Products ordered and delivered. The Buyer is solely responsible for their use, either by themselves or a third party.
13.4. Finally, the Vendor shall not be held liable for any inconvenience or damage resulting from the use of the Website, in particular the interruption of the service, hacking and the presence of computer viruses.
14. INTELLECTUAL PROPERTY
14.1. The general structure of the Website and all its content, both visual and audio, including the underlying technology, are protected by current intellectual property legislation and specifically by copyright, related rights, trade mark law, patent law and image rights. The public use – either partial or total, free of charge or otherwise, in any format and by any means of communication – of the Website’s content, without the consent of its rights holder and the Vendor in particular is strictly forbidden, therefore, and shall result in legal action being taken.
14.2. The creation of hyperlinks to the Website is subject to the express prior consent of the Vendor.
14.3. The Vendor has no control over the content of sites that may be accessed via hyperlinks appearing on the Website and shall not be held liable for said content in any way.
15. ENTIRE AGREEMENT
In the event that a clause in these General Conditions is declared null and void by a change in legislation, regulations or a legal ruling, it shall not in any way affect the validity and need to comply with the other clauses in these General Conditions. The clause deemed to be non-applicable shall be replaced by the most recent legal provision.
16. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
16.1. These General Conditions are subject to French law.
16.2. Should a dispute or claim arise, the Buyer will contact the Vendor as a matter of urgency in an effort to reach an amicable solution before any legal action is pursued. If no solution is found, the courts of France will have sole jurisdiction over the matter