Standard form contract

These General Terms and Conditions of Sale govern the relationship between Sartore & Compagnie, a limited liability company with capital of € 40.000, registered in the Nice Registry of Trade and Companies under number 479 866 741, with registered office at 1091 Avenue de l’Authion 
06540 BREIL SUR ROYA, France (hereinafter referred to as « SARTORE ») and any nontrading individual under French law and case law who acts solely for his/her own purpose or for any third party nontrading individual (hereinafter referred to as “the Client”) for the purchase of goods on the Internet website published by SARTORE and accessible at the URL address www.sartore.fr (hereinafter referred to as the « Website »).

The General Terms and Conditions of Sale exclusively apply to nontrading individuals. Consequently, SARTORE reserves the right to refuse orders from persons other than nontrading individuals.

The Client and SARTORE agree to submit their relationship exclusively to the present General Terms and Conditions of sale.

It is advised to the Client to read carefully the General Terms and Conditions of Sale accessible through a hyper-link on the Website. He/she will have the opportunity to read them on the Website at any time.

Before placing any order, the Client acknowledges having read the General Terms and Conditions of Sale and the Conditions of Use of the Website. The Client expressly acknowledges that, by clicking on the button “Accept General Terms and Conditions of Sale”, he/she fully accepts, without any reservations, the General Terms and Conditions of Sale. The Client expressly accepts, without any reservations, the Conditions of Use of the Website from the moment he/she uses the Website. 

The General Terms and Conditions of Sale and the Conditions of Use of the Website form the agreement between the Client and SARTORE.

SARTORE reserves the right to adapt, modify or update the General terms and Conditions of Sale and the Conditions of Use of the Website at any time by publishing a new version on the Website.

The applicable General Terms and Conditions of Sale are those that are in effect on the Website on the date of placement of the order.

The General Terms and Conditions comply with the French Consumer Code and in particular with its provisions regarding the information of the Client, prices and online sale of products.

 It is specified that SARTORE dos not do telemarketing with its Clients or prospects.
 

Section 1 – ORDER

The Client may place an order on the Website www.sartore.fr provided that he/she has its regular residence in one of the countries listed below and that he/she has full legal capacity.

The offer on the Website is exclusively reserved for nontrading individuals who have an address in one of the following countries: Metropolitan France (including Corsica and Monaco), Germany, Austria, Belgium, Denmark, Spain, Finland, Ireland, Italy, Luxembourg, the Netherlands, Portugal, the United-Kingdom and Sweden. 

The order process is as follows : 

  • Selection of products and addition to the cart
  • Validation of the content of the cart
  • Identification of the Client on the Website www.sartore.fr if the Client is not already identified
  • Choice of the method of delivery and indication of the delivery address
  • Choice of the method of payment and acceptance of the General Terms and Conditions of Sale
  • Validation of the payment.

At any time before confirming the order, the Client may review the order details, its total amount and may correct any mistake.

SARTORE confirms the reception of the order by sending an email entitled “Registration of your order” to the Client.

However, the sales agreement shall only be concluded from the confirmation of the order by SARTORE, with an email entitled “delivery of your order”, that will be sent to the Client at the latest 5 working days after the reception of the order.

Once the sales agreement is concluded, SARTORE shall process the order of the Client.

SARTORE undertakes to fulfill the orders only if the goods are available. If one or several good(s) is/are unavailable, SARTORE shall inform the Client as soon as possible after the confirmation of the order and, if necessary, refund the amount paid by the Client within 14 days after the payment of the unavailable good(s). If the order is unavailable in its entirety, the order will be automatically cancelled. If some of the goods of an order are unavailable, the remainder of the order will be delivered.

SARTORE shall have the right to cancel or refuse any order for any reason whatsoever, and especially regarding the availability of the goods, in case of any problem with the order, an abnormal order, an order that would present any kind of risk, a foreseeable difficulty regarding the delivery or a dispute, such as a failure to pay a previous order. In this case, SARTORE shall inform the Client as soon as possible after the registration of the order and shall refund the amount paid by the Client within 14 days after the payment.

SARTORE shall retain the property of the goods until complete payment of the order, that is until effective receipt by SARTORE of the order price.

The goods’ essential features are displayed on the Website. However, the pictures and/or colors of the goods on sale on the Website may not correspond with the genuine colors because of the Internet browser and/or the screen used by the Client.

SARTORE shall not be held responsible for non-substantial mistakes that could affect the features of the goods. The pictures and other representations of the goods are only given as a guide and are not contractually binding.

When placing an order, the Client accepts the prices and selected goods.

SARTORE shall have the right to refuse any order exceeding the number of authorized goods, i.e. 5 goods.
 

Section 2 – PRICE

The prices are stated in euros with all taxes included, with the preparation and delivery costs being billed in addition thereto (see Article 5 “Delivery”).

Prices are valid 24 hours after their publication on the Website.

Prices charged are those appearing on the Website at the time of the order.

SARTORE shall have the right to modify prices at any moment but undertakes to apply the prices appearing on the Website at the time of the order, provided the goods are available at that time.

The delivery costs are automatically transmitted to the Client in the cart when the Client confirms the order.

The price shall be paid in its entirety and in one payment by the Client when placing the order.

SARTORE shall only confirm an order after complete payment of the price.

The Client shall bear the costs of Internet access and use of the Website.
 

Section 3 – PAYMENT

The payment of the goods shall be made by credit card : Visa, MasterCard or Carte Bleue.

The credit card’s details (such as the number of the card, its term, etc.) are forwarded using a cryptographic protocol to the Société Générale or any other bank offering services of electronic payment to which third parties cannot access. Such information shall never be used by SARTORE except for the completion of the sales process, to enable refund in case of return of goods or if it is necessary to prevent or notify the police of a fraud on the Website.

The payment shall be confirmed upon receipt of the complementary information requested in case of payment by credit card requiring additional controls.

The Client guarantees that he/she is fully authorized to use the credit card for the payment of the order and that this credit card gives access to sufficient funds to cover the costs of the order.

By giving the details of the credit card, the Client acknowledges the right for SARTORE to proceed to the secure transaction. Thus, the Client authorizes in advance his/her bank to debit his/her account in view of the statements given by SARTORE, even in the absence of an invoice signed from the card holder.

The authorization to debit the Client’s account is always given for the amount of the order as billed by SARTORE. The Client’s credit card is debited after SARTORE has checked that the order meets the requirements of the present General terms and Conditions of Sale and that the good(s) is/are available.

If, for any reason whatsoever (blocking of the card, refusal of the bank, etc.), the amount due by the Client could not be debited, the order will not be registered by SARTORE.

In any case, the payment of the Client order is equivalent to the signature and the express acceptance of the sale, including its price.
 

Section 4 – FIGHT AGAINST CREDIT CARD FRAUD

SARTORE shall have the right to check personal data given by the Client and to adopt any measures considered necessary to verify that the person whose bank account has been debited is actually the same person than the one that has placed the order, to avoid any fraudulent payment.

Such verification could consist in a request, sent by email, to provide evidence of identity and/or address and/or bank documents (bank account details or cancelled check).

The absence of response of the Client within 8 days from SARTORE’s request shall automatically cause the cancellation of the order, without any possibility of a later complaint.

SARTORE shall also have the possibility to cancel an order that would present a risk of fraudulent credit card’s use.
 

Section 5 – DELIVERY

5.1 Delivery forms

The good(s) ordered is/are delivered at the address indicated by the Client.

The delivery to Metropolitan France may be made by Coliposte or FedEx.

The delivery to other countries listed in Article 1 may be made by FedEx.

5.2 Delivery costs

Delivery costs are billed in consideration of the weight of the order and of the country of delivery. They are automatically calculated before the confirmation of the order.

 The minimal amount for delivery costs are :

-        15 € for a delivery in France by Coliposte in 48 h,

-        18 € for a delivery in France by FedEx in 24 to 48 h,

-        28 € for a delivery in other European countries listed in Article 1 by FedEx, under 2 to 5 days.

For more information on the delivery costs and date, please see FedEx website (www.fedex.com) and Coliposte website (www.coliposte.net).

5.3 Delivery date

A maximum of 3 business days following the registration of the order and the complete payment of the price of the goods may be necessary to prepare and send the order, except during sales and special operations.

SARTORE commits to deliver the goods ordered and paid by the Client according to the agreed delivery schedule. However, delivery date may not be respected in case of force majeure and, particularly, in case of strikes.

In order to respect the delivery date, the Client shall make sure to have communicated correct and complete information regarding the delivery address (such as the street number, building, stairs, access code, name and/or number of intercom, etc.).

If the goods ordered have not been delivered within 20 days from the delivery date planned in the order and if this delay does not result from a case of force majeure, the Client shall have the right to cancel the sale by sending a registered letter at the following address: SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS. The payment made by the Client will be totally refunded within 14 days. After this period, no dispute regarding the delivery shall be accepted.

However, in case of delay and/or non-delivery resulting from a mistake in the address indicated by the Client, especially a wrong address or an address where the delivery is impossible, the Client shall not be entitled to the cancellation of the sale and SARTORE shall not be held responsible for the delay.

5.4 Receipt of goods

Delivery is considered performed from the receipt of the goods ordered to the Client, delivered by the transporter and materialized by a control system.

In accordance with article L.121-19 of the French Consumer Code, the Client shall receive, upon delivery, an invoice detailing the price of the goods ordered and the delivery costs along with a return form to enable him/her to cancel the sale and obtain the refund of the goods or to proceed to their exchange.

The Client is expressly informed that it is up to him/her to verify that the package and its content are in good condition (damaged package, etc.) and that the goods conform with the order (quantity, etc.). If that is not the case, the Client shall immediately notify his/her express and written comments on the delivery form.

The Client shall, within 2 business days from the delivery, send to SARTORE a registered letter notifying the complaint and indicating the number of the package. A copy of the delivery form must be joined to the complaint.

SARTORE shall contact the Client and specify him/her the procedure to follow. 

Section 6 – CANCELLATION, EXCHANGE, REFUND

6.1 Deadline

The Client has 14 days from the date of delivery to return or ask for the exchange of a part or the totality of the goods without having to give any reason whatsoever or to pay any penalties.

If this delay expires on Saturday, Sunday or on a public holiday, it is extended to the next business day.

To be refunded or exchanged, the good(s) returned shall be returned:

-        In their initial condition and not worn,

-        In their original packaging,

-        With the identification label attached to the good(s), and

-        With the corresponding invoice.

Upon receipt of the package, SARTORE will consider whether the goods returned are in a good condition.

No return or exchange will be accepted if the goods returned have been worn or damaged by the Client and/or a third party and if this use or these damages prevent the goods from being sold. 

Exchange and return shall be made by following these instructions (which are also accessible on the Website):

-        Fill in and send the return form in the package (or all the information it contains) by email at the address eshop@sartore.fr, online by clicking on the link “Return” accessible on the E-shop homepage or by registered letter at the following address : SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS. SARTORE shall acknowledge receipt of the exchange or return request;

-        Return the good(s) in their initial condition, their original packaging, with the identification label attached to the good(s) and the corresponding invoice;

-        Stick on the package the pre-printed and pre-paid FedEx or Coliposte return label that has been sent with the goods;

-        In case of return by Coliposte, leave the package in a post office;

In case of return by FedEx, contact FedEx to organize the removal of the package.

The goods returned shall be left in a post office or handed over to FedEx within 14 days following their delivery to the Client.

If the order is made of several goods and the Client wishes to return more than one good, he/she shall mention all the goods he/she wishes to exchange or be refunded.

The Client shall keep the package’s proof of deposit given by the Post or by FedEx. In case of loss of the package, the exchange order or the refund shall not be made without this proof of deposit.

The Client shall have 30 business days from the deposit of the package in a post office or its removal by FedEx to notify any complaint regarding its return. After this period, no complaint regarding the return shall be accepted.

The Client shall send his/her complaint by email at eshop@sartore.fr or by mail at the following address: SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS.

Should the Client return goods without using the pre-paid return labels sent, return costs shall be paid by the Client, he/she will be liable in case of loss or harm of the goods, and he/she will not be entitled to any refund from SARTORE.

In case of return by any other way than those offered by SARTORE, the package shall be sent to the following address: SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS.

If the forms and conditions of the right to cancel are not observed by the Client as stipulated in the present section, the Client shall not obtain the refund of the payment already made. However, the Client shall obtain, at his/her own costs, the goods ordered in the condition they were returned to SARTORE. In the absence of payment of the forwarding costs by the Client, SARTORE shall retain them, in addition to the payment already made by the Client to buy the goods.

The goods ordered online shall not be returned or refunded in the shops or corners SARTORE.

6.3 Refund

If the Client wishes a refund, SARTORE will refund the price of the goods as soon as the latter are received by SARTORE and at the later within 14 days from the date the Client has exercised his/her right to cancel. The refund will be made by credit on the Client’s bank account used for the payment of the order or on the bank account whose details will be given to SARTORE by the Client.

6.4 Exchange

If the Client wishes an exchange and if the amount of the exchange order is higher than the amount of the initial order, the Client can pay the difference as mentioned in section 3 “Payment” above. The delivery of the exchange order will be made once the payment is received by SARTORE.

If the amount of the exchange order is lower than the amount of the initial order, SARTORE will refund the difference to the Client as soon as the goods are received by SARTORE and at the later within 14 days from their receipt by SARTORE. The refund will be made by credit on the Client’s bank account used for the payment of the order or on the bank account whose details will be given to SARTORE by the Client.


Section 7 – CUSTOMER CARE

For further information, SARTORE Customer Care can be contacted by phone from Monday to Friday at the number 01 42 65 55 91 (cost of a local call) , by email at eshop@sartore.fr and by mail at SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS.

 
Section 8 – LIABILITY    

SARTORE is responsible for the good completion of the sales agreement concluded with the Client.

However, SARTORE cannot be held responsible for any non-performance of the sales agreement resulting from a case of force majeure, an event attributable to the Client or any other damage resulting from the access to the Internet network, especially in case of breach of service, of any external intrusion or any computer virus on the Website. 

SARTORE does not guarantee that the Website will be available every day and all day long. Consequently, SARTORE cannot be held responsible for any difficulty or impossibility to access the Website due to disruption of the telecommunication network or any other technical difficulties.

The Website contains hyperlinks leading to other websites. SARTORE cannot be held responsible in case the content of those websites violates any applicable law and regulations.

The Client is expressly informed that the pictures of the goods reproduced on the Website are given as a guide. SARTORE cannot be held responsible for any error that may occur in relation with those pictures.   
 

Section 9 – WARRANTY  

Goods offer for sale by SARTORE on the Website are subjected to the legal warranty stated by articles L 211-4, L 211-5, L 211-12 and L 211-13 of the French Consumer Code and by articles 1641 and 1648 of the French Civil Code:

-        Article L 211-4 of the French Consumer Code :

“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

-        Article L 211-5 of the French Consumer Code :

“To conform to the contract, the product must:

 1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;

 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”.

-        Article L 211-12 of the French Consumer Code :

“Action resulting from lack of conformity lapses two years after delivery of the product”.

-        Article L 211-13 of the French Consumer Code :

“The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra contractual nature to which he is entitled under the law”.

-        Article 1641 of the French Civil Code :

“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them”.

-        Article 1648 of the French Civil Code :

“The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.

In the case provided for in Article 1642-1, the action must be brought, under pain of being time-barred, within the year following the date on which the seller may be discharged from patent defects”.

Warranties do not apply to the normal wear of the goods, in case of non-compliance with care advices and to damages caused by reasons external to the goods.

The Client has 3 days from the date of delivery to notify comments for non-compliance or visible defect on the goods delivered by email at eshop@sartore.fr or by registered mail at SARTORE, Service Client, 3 rue du Faubourg Saint-Honoré, 75008 PARIS.

After this period and in case the above-mentioned formality has not been observed by the Client, the goods ordered will be considered as free of any apparent defects and no dispute shall be accepted by SARTORE.

SARTORE cannot be held responsible for any misuse and/or intensive use of the goods by the Client.
 

Section 10 – INTELLECTUAL PROPERTY

The Website, its contents (texts, pictures, data, etc.) and all the intellectual property rights attached remain, except as otherwise provided, the exclusive property of SARTORE.

Full or partial reproduction, downloading or broadcasting of the Website, by any means and on any medium whatsoever, without SARTORE’s express prior written authorization is strictly prohibited and is liable to prosecution, apart from exceptions stated in article L.122-5 of the French Intellectual Property Code and, especially the personal, private and non-transmissible right for the Client to use full or part of the Website. 

Upon request by SARTORE, any non-authorized link shall be immediately removed.
 

Section 11 – PRIVACY POLICY

The Client guarantees the accuracy of the information requested on his/her personal situation.

It is recalled that SARTORE collects personal information during the order process. These information are necessary to fulfill the order and can be communicated in full or in part to SARTORE’s contracting partners that strictly intervene for the execution of the order.

According to the French Data Protection Act of January 6th, 1978, the Client has the right to access, modify, correct, oppose or remove personal information about him/her.

The Client is invited to read the Conditions of Use of the Website as they contained important information on the way SARTORE treats data concerning visitors of the Website and about the security features adopted.
 

Section 12 –NON WAIVER

The fact that SARTORE abstains from demanding at a given time the performance of any of the provisions of the present General Terms and Conditions of Sale may not be interpreted as a waiver of its right to cite subsequently said complete or partial non-performance.
 

Section 13 –VALIDITY OF THESE GENERAL TERMS AND CONDITIONS OF SALE

If any of the provisions in these General Terms and Conditions of Sale is declared wholly or partly invalid, unlawful or unenforceable, the other provisions and other rights and obligations resulting from these General Terms and Conditions of Sale will remain valid to the fullest extent permitted by law.
 

Section 14 – GOVERNING LAW - DISPUTES

The General Terms and Conditions of Sale are governed by the laws of France.

If there is litigation, an amicable solution will be sought by the parties before any recourse to law, by sending a claim to SARTORE, by registered letter, within 10 days after the dispute has arisen.

If an amicable settlement is not reached, any dispute arising from, or related to, the General Terms and Conditions of Sale shall be subjected to the jurisdiction of the competent French Courts.
 

Section 15 – MODIFICATION

The General Terms and Conditions of Sale are regularly revised, especially in case of change of normative change.

The new General Terms and Conditions of Sale may be applied from their publication on the Website.