CGV
www.siamoise.fr (the “Site”) is published and represented by the Company
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with SIAMOISE by any person (the “Client”).
The Customer must read the General Terms and Conditions prior to any order (the "Order"), the General Terms and Conditions being available on the Site.
SIAMOISE reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale is the one appearing online on the site www.siamoise.com at the time of the Order. Consequently, placing an Order requires the Customer's full and prior acceptance, without reservation, of the General Terms and Conditions by clicking on the button "I have read and accept the general terms and conditions of sale".
II. SITE INFORMATION AND SITE ACCESSIBILITY
www.siamoise.fr is an e-commerce site owned and operated by
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except for interruption, scheduled or not, by
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Client's registration on the Site is validated by
When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update their personal information. In the event of an error in the recipient's contact details,
In order to enable easier and faster registration or connection to the Site, the Client has the option of automatically pre-filling the registration form using the “Facebook Connect” option.
To learn more about the protection of personal data during their collection, processing and use, as well as the rights and optional settings to protect their privacy, the Customer can consult Facebook's privacy policies on the site www.facebook.com.
By registering on the Site, the Client declares and guarantees to
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These details are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of
It is possible that the Customer may receive, following an Order, a part previously returned by another person. It is specified that
V. ORDERS
Taking an Order on the Site is subject to compliance with the procedure established by SIAMOISE on the Site including successive steps leading to validation of the Order.
The Customer may select as many Products as they wish, which will be added to the shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and associated fees. The Customer may freely modify the Shopping Cart before confirming their Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their prices and the associated fees.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by SIAMOISE. For this purpose, the Client formally accepts the use of electronic mail for confirmation by SIAMOISE of the content of his Order. Invoices are available in the “my account” section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
VII. PRICE AND PAYMENT TERMS
Product prices are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in US dollars for the United States, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
The Products are payable in cash upon effective Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment service provider STRIPE.
The Customer expressly acknowledges that the communication of his bank card number to
The data recorded and stored by
VIII. DELIVERY
Deliveries are made by Chronopost, Colissimo and Mondial Relay from Monday to Saturday, depending on the option chosen by the Customer and the logistical constraints of the carriers.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and returns” section.
When
By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for transport by the Customer and not by
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes.
In the event that Delivery cannot be made due to an incorrect delivery address or the Customer not collecting their Order from the selected collection point or Chronopost, no reshipment will be made without the express request of the customer, who must first confirm all the information.
If the customer has not collected within the time limit or has refused delivery of the order then requests SIAMOISE, the reimbursement of his undelivered order, this will be reimbursed within seven (7) working days from the return of the package, less the shipping costs or reshipping of a fixed value of €10 per shipping attempt.
SIAMOISE delivers Orders within a maximum period of fifteen (15) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the Order. The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders, as well as for all items purchased on pre-order or in the process of being manufactured (which are mentioned in the product sheets).
In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
SIAMOISE cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).
In the event that the Delivery time is exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, SIAMOISE cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by SIAMOISE being possible to the exclusion of any other form of compensation.
Deliveries can also be made to a Relay Point by the Mondial Relay service provider, subject to acceptance of the package by the selected Relay Point.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Time limit and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal with
The exercise of the right of withdrawal can be done by email to the following address: hello@simoise.fr
Upon receipt of the package, the customer must follow one of the two return procedures offered by
1/ The one via the Return Portal for Credit/Exchange, the postage costs of which are offered to the customer.
2/ The one via the Refund Form to be completed and whose postal costs are the responsibility of the customer. The shipping address is indicated in the form as well as on the page dedicated to returns.
Once the client has chosen and initiated a procedure, they cannot change it. The file will be processed according to the first option selected by the client.
Only one request for exchange/credit or refund will be accepted per initial order.
In the event that the return portal is used several times for a single order,
If the order is sent in several packages due to the manufacturing of one or more items in the order, the customer can wait until the entire initial order is received before returning it. The 14 (fourteen) day period begins on the day the last item received by the customer is received.
The processing of refunds by our services will be done on your means of payment exclusively and within 14/20 working days (Fourteen to Twenty). This period may be extended during sales, promotional and end-of-year periods, bridge periods and public holidays (in particular May, August and November) as well as during the fortnight of annual closure of the workshop. Thank you for your understanding.
In case of acceptance, a flat-rate deduction of €10 (ten euros) in France and €15 (fifteen euros) in the European Union Zone will be deducted from said refund.
In this case, the change of treatment may take between ten (10) and fifteen (15) days of additional treatment.
3/ In the event of a return request for after-sales service, the service, upon receipt of proof of the defect, will be responsible for returning the item to the workshop at our expense via the return portal.
Upon receipt of the item, the team
In the case of a return due to a defect (of an unworn item), this will not be refunded under any circumstances and will only give rise to a procedure for exchanging the same item.
9.2. Terms of return of the Order within the framework of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order without delay and, at the latest, within fourteen (14) days following the date of receipt of the package, regardless of the date of the Customer's decision to withdraw in accordance with Article L. 121-21 of the Consumer Code.
When requesting a credit note: return costs are free to the customer regardless of the amount of your initial order.
In the event of a refund request: return costs are the responsibility of the customer.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return procedure accessible from the "Return Portals" page of the website.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by
However, the reimbursement is made subject to the condition that
The refund of an order paid for with a gift card or credit note will be automatically refunded as credit.
In the event of non-compliance by the Customer with these General Terms and Conditions,
If the customer follows the credit/exchange procedure instead of the refund procedure. The file will automatically be processed as a credit. In the event that the credit is refused by the customer,
A return through the exchange/credit note procedure cannot be converted into a refund. Similarly, the return of the exchanged order cannot itself be converted into a refund following an exchange or after it has already been processed and shipped to the customer.
X. WARRANTIES - LIMITATION OF LIABILITY
10.1 Limitation of Liability
The responsibility of
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, and in particular of ordering a Product,
- moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.
The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage to their computer system or loss of data resulting from the download of this content.
Furthermore,
10.2 Legal guarantees
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Guarantee against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
As part of the legal guarantee against hidden defects,
- Either to reimburse the full price of the returned Product,
- Or to reimburse him part of the price of the product if the Customer decides to keep the Product.
Disclaimer of Warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.
10.3 Terms of implementation of guarantees
As part of the legal guarantee of conformity, the Client:
(i) benefits from a period of two (2) years from delivery of the goods to act;
(ii) may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempt from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must then contact the Customer Relations Department at hello@siamoise.fr ou by chat directly on the site.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity,
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects,
- either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions,
XI. RESERVATION OF OWNERSHIP
XII. PARTIAL DISABILITY
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
XIII. NON-WAIVER
No tolerance, inaction or inertia of
XIV. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION
The sale of Products is subject to French law.
The Customer can contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable resolution, any dispute relating to the interpretation of the General Terms and Conditions, the execution or termination of a sale, the interpretation, execution or termination of these terms and conditions is submitted, in the absence of an amicable agreement, to the legally competent courts.
Model withdrawal form
(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of
Email: commande@siamoise.fr
I hereby notify you of my withdrawal from the contract for the sale of the item(s) below:
Ordered on ……………..(order date) and/or received on ……………..(delivery date)
Name of Consumer Client:
Consumer Customer Address:
Signature of the Consumer Client (only if this form is notified on paper)
Date :
For any information, you can contact Customer Service at hello@siamoise.fr ou by online chat.
Legal information
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
I. EDITOR
The publication director is Jonathan Partouche, legal representative of
II. HOST
Shopify
III. DESIGN AND PRODUCTION
Shopify
IV. PERSONAL DATA AND COOKIES
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the site has been declared to the CNIL (National Commission for Information Technology and Freedoms) under number 2039445.
All information in your Account is only used in the context of your business relationship with www.siamoise.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner STRIPE. The Site uses cookies (connection witnesses) which the user is informed about when arriving on the website which allow to record information relating to the navigation of the computer on the website. These cookies are only installed after acceptance by the user, the continuation of the navigation on the website being considered acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.
