General Terms of Sale of the internet website

Index

Address Return Products: Centre logistique Groupe Sothys, ZAC de la Gare, 19 270 Ussac, France, + 33 5 55 17 45 91 ; service.client@sothys.fr

General Terms of Sale: the present general terms of sale

Customer Service:

Telephone number: + 33 5 55 17 45 91

Email: service.client@sothys.fr

Seller:

Company name: SASU Sothys Paris

Business address: 128 Faubourg Saint-Honoré, 75008, Paris, France

Share capital: 2 500 000 euros

Registration number: RCS PARIS 451 170 807

VAT number: FR 41 451 170 807

IDU number: FR241129_01WMJV

Email: institut@sothys.net

Telephone number: +33 1 53 93 91 53

Site: website accessible at https://www.sothys.fr/https://www.sothys.fr/l-institut-sothys

Recitals

These General Terms of Sale define the terms and conditions to which distance sales of Sothys® products and care are subject via the Site between, firstly the customer and, secondly the Seller.

Relations between the parties are governed solely by the General Terms of Sale in force and available when the order is placed by the customer.

Seller reserves the right to change the General Terms of Sale at any time, which enter into force as soon as they are put online.

The customer acknowledges having read carefully the General Terms of Sale and accepting them in full by ticking the corresponding box when confirming each order. No order is possible without this acceptance.


Article 1: Customer

Within the meaning of the General Terms of Sale, a customer, to whom the use of the Site alone is reserved, is any natural person of over 18 years of age, acting in the capacity of an end consumer (i.e. not acting in the capacity of a trader) and ordering Sothys® products on the Site. By ticking the corresponding box, the user declares matching the above definition of a customer in full and having the full legal capacity to make purchases validly.

Article 2: Checks

In order to ensure the security of transactions, prevent fraudulent use of means of payment on the Internet and/or check the quality and the capacity of a customer, the Seller reserves the possibility to check the reliability of the information entered when registering the order and to ask the customer for one or more supporting documents.

In addition, the sale of Sothys® products and care on the Site is exclusively reserved for the end consumer, a natural person not acting in the capacity of a trader.

The Seller reserves the right to cancel or refuse any order from a customer that does not match the definition of an end consumer, not having the legal capacity to contract, and/or with whom there is a dispute relating to the placing or the fulfilment of a previous order.

Similarly, the Seller reserves the right to cancel or refuse any order clearly not in line with the consumption and the personal use of a consumer, and in particular an order that would be excessive for an individual sale, given the characteristics of the Sothys® products and care, and/or an abnormally repetitive online order by the same person or several persons with the same access code and the same address or very similar addresses.

Article 3: Sothys® Products and Prices

Article 3.1: Characteristics and Availability of Sothys® Products

Sothys® products whose sale is subject to the General Terms of Sale are presented on the Site by the Seller which reserves the right to change the offering at any time.

Sothys® products sold on the Site are in conformity with the regulations in force applicable in France.

According to provisions of article L 111-1 of the Consumer code, the customer is informed of the essential characteristics of Sothys® products through the description that is made of them on the Site.

Sothys® products are only offered for sale and delivered within the limit of stocks available at the time of confirmation of the order. In the event of unavailability of a Sothys® product after placing the order, the Seller will inform the customer of it as soon as possible. The order will be cancelled, and the price paid for the concerned product will be refunded by the Seller within 30 days following their payment.


Article 3.2: Prices

The selling prices of the Sothys® products offered for sale on the Site are indicated in euros (€) inclusive of all taxes, and are those displayed on the Site when the order is placed by the customer.

The prices take into account the VAT applicable on the day of invoicing and any change in the rate applicable to VAT will automatically be applied to the prices indicated. The VAT that will actually be paid by the customer will be the VAT on the date of the invoice.

These prices do not include shipping costs, invoiced in addition to the price of the Sothys® products purchased. Delivery charges are indicated before finalisation of the order.

Promotional offers are valid only for the duration of the validity of the offer in question, indicated on the Site.

Article 4: Order Taking

To make purchases on the Site, the customer must first create a customer account if he does not already have one, or log in with his username and password if he already has a customer account.

To create his customer account, the customer must fill in the required fields (the mentions preceded by an asterisk are mandatory) of the account creation form and then validate the creation of his account. A first email is then sent to the customer asking him to validate his email address. As soon as the customer has carried out the required validation action, a second email is sent to the customer confirming his registration on the Site. This email contains the customer's username and password.

To place the order, the customer proceeds as follows:

Step 1 : The customer selects the product(s) that he wishes to acquire by clicking on the corresponding button. The content of the basket can be checked and changed at any time by clicking on the button corresponding to the basket.

Step 2 : The customer clicks on the button to confirm his delivery address and completes the required fields, or modifies the required fields pre-filled. The customer can then view an estimate of the delivery costs

Step 3 : The customer controls the content of his order by clicking on the button corresponding to the basket. At any time he can modify the content of his order by clicking on this button

Step 4: The customer takes note of the content of his order.

Step 5: The customer expressly accepts the General Terms of Sale by checking the corresponding box.

Step 6 : The customer chooses his method of payment.

Step 7: The customer confirms his decision to validate and pay his order by clicking on the corresponding button.

Step 8: The customer then receives a confirmation e-mail summarizing the characteristics of his order and including a link to access the General Terms of Sale, the invoice and the withdrawal form. The customer also has the possibility to access this information from his customer account.

Step 9: The package is sent to the delivery address with the delivery note.

Article 5: Payment of the Order

Article 5.1: Terms of Payment of the Order

Payment of the purchases made on the Site is made exclusively in euros (€).

Payment of the entire price is due on confirmation of the order. The Seller reserves the right to suspend or cancel any order execution in case of non-payment, partial payment, refusal of payment by banking partners, fraud or attempted fraud in the use of the Site.

To pay for his order, the customer can use the following payment methods:

- bank cards: Carte Bleue, Visa or Mastercard

- PayPal account

Regardless of the method of payment chosen, the amount of the order is debited at the time the order is placed.

Article 5.2: Secure Online Payment

In order to ensure the security of the payments:

- Payment by credit card is made on the secured servers of the banking partners of the Seller, to which the customer is redirected. This means that no banking information regarding the customer will pass through the Site ;

- No financial information will be retained by the Seller in case of payment via the Paypal secure payment service. Therefore, it is the customer’s responsibility to save and print the payment certificate if he wants to keep a record of the banking details relating to the transaction.

Payments via the Site are subject to a security system. The Seller has adopted the 3D Secure protocol to encrypt credit card details. Credit card numbers are not stored on the computer servers of the Seller.

Article 5.3: Reservation of Ownership

Sothys® products remain wholly owned by Seller until their price has been received in full (principal, charges, taxes and mandatory contributions) by the Seller.

Article 6: Delivery of the Order

Article 6.1: Delivery Terms

Sothys® products are delivered by the postal services (Colissimo of La Poste) on the French metropolitan territory and on the Corsican territory to the address indicated by the customer during the order process, at home or at a relay point.

The customer must check the exhaustiveness and the correctness of the information regarding the delivery address that he provides to the Seller. The latter cannot be held responsible for any errors in the wording of this address and the consequences which would arise such as a delay in delivery and/or an inability to deliver.

For any order placed before nine o'clock in the morning, delivery is made within a maximum of three working days. For any order placed after nine o'clock, delivery is made within a maximum of four working days. Delivery times begin to run as soon as an automatic order confirmation email has been sent by the Seller. These delivery times are given subject to La Poste delivery capacity and the latter's compliance with its own delivery times.

The customer must check the condition of the parcel on receipt. If, even before opening, the parcel is damaged, the customer must proceed as follows:

- in the case of a home delivery, for a package given to the customer or to any person present at home or in the case of a delivery in relay point: the customer is required to refuse the delivery at the time of distribution;

- in the case of home delivery, for a package delivered to a letter box, a neighbour, a caretaker or a guard: the customer is required to refuse delivery by returning the package to the post office no later than the business day following its distribution to request its return to the Seller without new postage.

In the event of non-conformity of all or part of the Sothys® products on opening the parcel, the customer must inform the Seller by e-mail within 3 days of receipt of the parcel.

In such cases, the customer chooses between requesting a refund, requesting an exchange for the same Sothys® product subject to availability or requesting an exchange for a Sothys® product of the same value. Sothys® products must be returned in their original packaging and in the condition in which they were received by the customer. The return parcel charges are the responsibility of the customer and it is his responsibility to keep evidence of the return of the parcel.

Any charges for sending a Sothys® product as an exchange are the responsibility of the Seller in the event of a mistake by it in preparing the customer order.

For any order for which the customer would like a delivery outside metropolitan France and Corsica, the customer will organize and take charge, under his sole responsibility and at his own expense, of the delivery of the Sothys® products from the Seller's warehouse to the delivery address chosen by him.

Article 6.2: Delivery Charges

Delivery charges are charged in addition to the price of the Sothys® products purchased and indicated on the Site. Their amount varies depending on the delivery method chosen by the customer.

Where the delivery address has been entered by the customer, the delivery charges are indicated throughout the order, in the button corresponding to the basket, as well as when confirming the basket, before final confirmation of the order by the customer.

Delivery charges are free-of-charge for orders from €39.90 of purchase.

Article 6.3: Delivery Tracking

The customer can contact the Customer Service, by telephone or email for any question relating to his order.

Article 7: Right of Withdrawal

In accordance with the provisions of Articles L 221-18 and following of the Consumer Code, the customer has a period to exercise their legal right of withdrawal. This period is 14 (fourteen) days from the date of receipt of the parcel containing the Sothys® products ordered in question, it being specified that the day of the point of departure of this period is not taken into account in calculating the 14 (fourteen) days. When the period of 14 (fourteen) days expires on a Saturday, a Sunday or a public holiday, it is extended until the first following working day. The customer can exercise their right of withdrawal from the date of the conclusion of the contract of sale.

The right of withdrawal is exercised using the withdrawal form attached to the order confirmation e-mail or to be downloaded from the customer account, under the heading "Orders", by clicking on "retraction form" under the order summary table.

The Sothys® products must not have been used / opened and must be returned in perfect condition with their original packaging.

The Sothys® products must be returned to the Products Return Address within the period of 14 (fourteen) days of the date on which the right of withdrawal has been exercised.

The return charges are the exclusive responsibility of the customer and moreover it is their responsibility to keep evidence of the return of the parcel.

Any return made in accordance with the conditions of this article will give rise to a refund of all amounts paid by the customer for the purchase of the product concerned and its delivery, at the latest within fourteen (14) days from the date on which the right of withdrawal has been exercised, subject to the actual receipt of the Sothys® products concerned. Should the Sothys® products concerned not have been received by this date by the Seller, the refund will be deferred until actual receipt of the said Sothys® products by the Seller.

Article 8: Liability

The Seller is exempt from all or part of its liability in the event of the non-performance or poor performance of the contract of sale attributable either to the customer, or to the unpredictable and unavoidable action of a third party to the contract, or to a case of force majeure.

The Site is accessible 24/7 except for an interruption, scheduled or otherwise, for maintenance needs, or in the case of a force majeure event. Since it is subject to an obligation of means, the Seller may not be held liable for any damage, whatever its nature, resulting from unavailability of the Site; interruption of this access may not give rise to compensation.

In addition, the Seller disclaims any liability for any occurrence of bugs or any damage resulting from the fraudulent intrusion of a third party which has resulted in a modification of the information contained on the Website, and, more generally, any direct or consequential damage, regardless of the causes, origins, kinds or consequences.

Article 9 - Force majeure

Neither party shall be liable for the total or partial non-performance of its obligations under the General Terms of Sale if such non-performance is caused by an event constituting force majeure.

In addition to events that meet the criteria set by the jurisprudence of the Court of Cassation and legislation, force majeure includes any event, including but not limited to any epidemic accompanied by public health measures, that prevents the performance of obligations under the General Terms of Sale and that could not be overcome despite reasonable diligence on the part of the party that suffers it.

The party invoking a force majeure event shall notify the other party within five (5) business days of the occurrence of such event. The parties agree that they must consult each other as soon as possible in order to determine together how the order will be carried out during the period of the force majeure event. Beyond a period of one (1) month of interruption due to force majeure, the Seller may not honour the order, and shall be responsible for reimbursing the customer if necessary.

Article 10: Guarantee

The Sothys® products sold by the Seller benefit from the legal guarantee of conformity provided for in Articles 217-4 and following of the Consumer Code as well as of the legal guarantee against defects of the thing sold provided for by Articles 1641 and following of the Civil Code.

The Seller has an obligation to deliver a good that corresponds to the order placed by the customer and must correct defects of conformity existing on delivery of the latter.

A good is deemed to be conformant that is:

1°) suitable for the use usually expected of a similar good and, if applicable:

- corresponding to the description given by the seller and with the qualities that it has presented to the buyer in the form of a sample or a model;

- presenting qualities that a buyer can legitimately expect with regard to the public statements made by the seller or its representative, in particular in advertising or labelling.

2) or with the characteristics defined by mutual agreement by the parties or being specific to any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.

Where the customer uses the legal conformity guarantee, they enjoy a period of 2 (two) years from the date of the delivery of the good to act using the legal conformity guarantee; they may choose between repair or replacement of the good, subject to the cost conditions provided for by Article L 217-9 of the Consumer Code.

Except for used goods, where the period is 6 (six) months, the customer does not have to prove the existence of the lack of conformity of the good for the 24 (twenty-four) months following the delivery of the good.

The legal conformity guarantee applies independently of the commercial guarantee that may be granted.

The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code; in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In the case of implementation of the guarantee against hidden defects, the customer benefits from a period of 2 (two) years from the date of the discovery of the defect to act, in accordance with Article 1648 of the Civil Code.

Article 11: Privacy and Personal Data

As part of the customer's user experience of the Site, the Seller may collect personal data concerning the customer. For more information: https://www.sothys.fr/en/personal-data


Article 12: Cookies

In order to improve the usability and functionality of the Site and to help the Seller provide the customer with better information and services, the Seller may collect data relating to the use of the Site via cookies. For more information: https://www.sothys.fr/l-institut-sothys/en/cookie-policy

Article 13: Evidence - Data archiving

The Seller will keep proof of orders, payments, invoices, deliveries and transactions made on the Site on a reliable and durable medium.

Article 14: Mediation

For any problem relating to an order, the customer must contact the Customer Service Department (contact details at the top of the General Terms of Sale).

In the absence of an amicable agreement, the customer will have the possibility to have recourse to the sector mediator, free of charge.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller has joined the services of the Paris Mediation and Arbitration Centre (CMAP) (hereinafter the " Mediator") whose contact details are as follows: 39 avenue Franklin Delano Roosevelt, 75008 PARIS - https://www.cmap.fr

Consequently, in the absence of an amicable agreement with the Seller, the customer may submit the dispute to the Mediator free of charge. To find out how to contact the Mediator , the customer may consult: https://www.cmap.fr/offre/un-consommateur/

In accordance with Article 14.1 of EU Regulation No. 524/2013, the customer may also have free recourse to the online dispute resolution platform at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR

Article 15: Invalidity of a Clause

Should one or more provisions of these strong>General Terms of Sale , for whatever reason, be deemed null and void or unenforceable, such invalidity or non-enforceability shall not affect any other provision of these General Terms of Sale.

The Seller will replace the said provision(s) by one or more valid and enforceable provision(s), that comply with the legal and regulatory provisions.

Article 16: Entirety of the Contract

These General Terms of Sale and the order summary communicated to the customer constitute a contractual package and constitute the entirety of the commercial relations between the Seller and the customer.

In the event of a contradiction between these documents, the General Terms of Sale will prevail.

Article 17: Law and Applicable Language – Competent Courts

The General Terms of Sale and the sales contracts relating to the sales made on the Site are governed by French law. In the event of a dispute, it is recommended that you first contact Customer Service in order to seek an amicable solution.

If the dispute persists, the French national courts shall have exclusive jurisdiction to hear any dispute relating to the contract concluded between the Seller and the customer even in the event of multiple defendants.

The language applicable to the contract of sale and to any dispute relating thereto is French.

Article 18: Contact Us

To contact us, please refer to the contact information of the Customer Service appearing at the top of the General Terms of Sale.

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