GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale set out below (hereinafter referred to as the ’General Terms and Conditions’, or ’Contract’), govern the contractual relations

BETWEEN

Dentelle Sophie Hallette, which enters into a contract of sale Hereinafter ’Sophie Hallette’ ;

AND

Any professional or individual customer of Sophie Hallette ;
Hereinafter : the ‘Customer’ ;

WHEREAS
Sophie Hallette welcomes you to its online store accessible at http://store.sophiehallette.com (hereinafter referred to as the ’Website’), which offers for sale, to any natural person or legal entity (hereinafter referred to as the ’Customer’), lace, tulle and accessories (hereinafter referred to collectively as the ’Products’).
For the purpose of these General Terms and Conditions, the Customer and Sophie Hallette shall be referred to jointly as the ’Parties’ and separately as a ’Party’.

1 - FORMATION OF THE CONTRACT AND ACCEPTANCE OF THESE TERMS

Any order for Products placed by a Customer via the Website shall imply the Customer’s unreserved acceptance of these General Terms and Conditions, which it acknowledges having familiarised itself with and agreed to in full.

Unless stipulated to the contrary, these General Terms and Conditions shall take precedence over any other clause or provision indicated in the purchase orders, correspondence or any other document exchanged between Sophie Hallette and the Customer.

Sophie Hallette may need to adapt or amend these General Terms and Conditions. The Website shall be updated immediately to render the Customer aware of such amendments. Orders placed prior to an amendment of the General Terms and Conditions shall remain subject to the version thereof in effect on the date of the order.

Sophie Hallette shall store the successive versions of the General Terms and Conditions. Sophie Hallette nevertheless recommends that Customers keep a paper or electronic copy thereof.

The contract shall only become binding upon express acceptance by Sophie Hallette of the order submitted or addressed to it by the Customer. Sophie Hallette shall express its acceptance of the order by sending the Customer a purchase order or invoice. Accordingly, the placing of an order implies the Customer’s full and unreserved acceptance of these General Terms and Conditions.

2 - PURPOSE

The purpose of these General Terms and Conditions is to define the terms and conditions according to which Sophie Hallette offers Customers the Products for Sale via the Website.

3 - OFFERS AND PRODUCTS

3.1 The offers presented on the Website are intended for natural persons over the age of 18 having full capacity to enter into this Contract, as well as legal entities.

3.2 The validity of offers is limited to countries for which Delivery of the Products is available and for as long as the Products appear on the Website.

3.3 Offers shall be valid while stocks last. Where a Product is unavailable, Sophie Hallette shall inform the Customer within forty-eight (48) hours after receiving the order and propose either (i) a new delivery date for the Product in question or (ii) a replacement Product of equivalent quality and for the same price. Should the Customer decline these proposals, the order concerning the unavailable Products shall be cancelled and Sophie Hallette shall not debit the Customer for the amount of the Products concerned. If this amount has already been paid, Sophie Hallette shall reimburse the Customer using the same payment means as those used for the payment, within a maximum of fourteen (14) days as from payment for the unavailable Products.

3.4 Photographs and images representing or illustrating the Products on the Website have no contractual value.

4 - CREATION OF A CUSTOMER ACCOUNT AND CUSTOMER IDENTIFICATION

4.1 All new Customers must complete the mandatory fields required to create a Customer Account. The Customer must complete the form provided accurately, including, in particular, their identity details such as their first and last names, billing address, delivery address and e-mail address. The Customer must select a username and password of their choice (which shall remain personal and confidential) enabling them to identify themselves and access their Customer Account, a mandatory first stage in placing an order. The Customer acknowledges and accepts that use of their username and password shall constitute authentication.

4.2 When logging in, any Customer that is already in possession of a Customer Account must click on ’My Account’ and identify themselves by entering their e-mail address and password. The Customer may also log into their Customer Account during stage 2 of the order process.

4.3 The Customer is required to provide personal data when creating their Customer Account for the purpose of recording and processing their orders, and for preparing the associated invoices. Sophie Hallette collects and processes this personal data in strict compliance with the French ‘informatique et libertés’ Act of 6 January 1978 (the French data protection act), as provided for in clause 13 below, as well as in compliance with the relevant national and European provisions.

5 - PLACING ORDERS

5.1 By clicking on the ’Order’, ’Basket’, or ’Summary’ buttons in the order process, the Customer accesses a summary of their order enabling them to check the details of their order (nature and quantities of the Products ordered).

By clicking on the Order button on the order Summary page, the Customer arrives at the Login page. The Customer identifies themselves either by creating a Customer Account or by logging into their customer account. This is stage 2 of the order process.
Once logged in, the Customer has access to their address(es) and can modify the information provided, particularly the billing and delivery addresses. This is stage 3 of the order process.

By clicking again on the ’Order’ button, the Customer can select the type of delivery they require. They can then view the total amount of delivery charges, which may vary depending on the country of delivery. This is stage 4 of the order process.
After viewing the summary of their order and providing all the information required, the Customer is presented with the General Terms and Conditions in effect and confirms their acceptance thereof by ticking the box provided.
They can then proceed to the next stage. This is the payment section. The Customer is redirected to the payment page. The Customer must pay the total amount of the order in full in order for the fulfilment process to begin.
At the end of this first stage, a summary page corresponding to the purchase order appears on the screen.

5.2 Validation of the Order Once they have checked the summary purchase order, the Customer clicks on the ’Order’ button to express their agreement and thereby confirm their order.

The Parties expressly agree that data recorded electronically by Sophie Hallette when the Customer identifies themselves and places an Order, particularly technical data recorded when the Customer clicks on the ’Order’ button, shall constitute proof of the contract entered into between Sophie Hallette and the Customer, in particular proof of the Customer’s acceptance of the offer, including the corresponding price and these General Terms and Conditions.

Once the Order has been validated by the Customer, the Contract of Sale thus formed between Sophie Hallette and the Customer shall be deemed duly entered into, subject to acceptance by Sophie Hallette, which reserves the right to refuse any Order in the following circumstances, without this list being exhaustive :
 in the event of a dispute arising with the Customer on the day the Order is placed ;
 in the event of non-payment by the Customer of all or part of a previous Order or in the event of a payment incident affecting a previous Order by the Customer.
 in the event that the Customer’s bank refuses to authorise the credit card payment for the Order in question.

Once at Stage 4 and after reading these General Terms and Conditions, the Customer proceeds to stage 5 of the order process : Payment. The Order is only confirmed once payment by credit card has been received.

5.3 Payment of the Order The Customer’s validation of the Order by clicking on the ’Pay for my order’ button renders the price of the Order immediately payable. The Customer pays the price according to the terms of payment set out in clause 6 below.

5.4 Order confirmation and invoice Once Sophie Hallette has accepted the Order and validated the Customer’s payment, Sophie Hallette sends the Customer an order confirmation e-mail to the address provided by the Customer, summarising the main information contained in the order.

5.5 Archiving of the Contract of sale entered into electronically Pursuant to the law, Sophie Hallette stores all contractual documents concerning each Order for ten (10) years and guarantees the Customer access thereto.

5.6 With regard to Orders placed by professional customers, i.e. legal entities : any order filled out by an employee or subordinate of the Customer and bearing the Customer’s stamp shall be deemed firm and fully binding on the Customer. The same shall apply to any order issued by any other means in existence now or in the future.

6 - PRICE AND TERMS OF PAYMENT

6.1 The prices of Products indicated on the Website are expressed in euros, including VAT and excluding shipping fees, based on the tariffs in effect on the order date. French VAT shall apply, at the rate in effect on the date the order is placed, subject to applicable tax legislation. Sophie Hallette reserves the right to modify its prices at any time, but items shall be invoiced on the basis of the tariffs in effect when the order is placed.

6.2 Shipping fees are indicated in the order summary and on the invoice. Such fees may not include any customs duties and charges. Orders for delivery to countries listed here (link to list) are subject to a surcharge indicated in stage 4 of the order process.

6.3 Payment is made via a secure electronic payment service provided by a bank. The payment details provided by the Customer when paying by credit card (card number, security code and expiry date) are immediately encrypted and are not transmitted to Sophie Hallette.
The electronic payment service is provided by the following bank :
Banque CIC NORD OUEST
33 avenue Le Corbusier
59000 Lille

The Customer warrants Sophie Hallette that they are authorised to make the credit card payment. As part of the fight against Internet fraud, information concerning any orders may be transmitted to any third party for verification.

The amount debited from the Customer’s credit card shall correspond to the total price of the Products shipped to the Customer’s delivery address plus, where applicable, a fixed postage and packaging fee.

7 - RETENTION OF TITLE

Products ordered by the Customer shall remain the sole property of Sophie Hallette until the Customer has paid the Price in full.

8 – DELIVERY

8.1 The countries to which delivery can be made are indicated directly on the Website.

Products may only be delivered to the delivery address provided by the Customer during the order process.

Orders placed are processed and shipped according to the Incoterm in effect where the law in force in the order destination country permits : DDP, (Duty, Delivery, Paid).

Delivery lead times depend on the geographical zone and means of transport selected by Sophie Hallette. The Customer shall receive an approximate delivery date at the end of the Order process. Delivery lead times are given solely on an indicative basis and depend on the manufacturing, supply and shipping options available to Sophie Hallette.

All lead times indicated are calculated in terms of business days, excluding weekend and public holidays.

8.2 Delivery delays may not give rise to the payment of damages, the withholding of any type of payment, nor to the cancellation of orders in progress where the cause of the delay is attributable either to the Customer or, in an unforeseeable and unavoidable manner, to a third party, or in the event of Force Majeure as defined in clause 10 below.

8.3 Orders shall be delivered by the transport company of Sophie Hallette’s choosing.

8.4 Goods are shipped at the risk of Sophie Hallette or the Customer depending on the applicable Incoterm. Any claim regarding the condition of a package shall only be taken into account if the Customer indicates precise reservations on the bill of transport, which it shall then sign and send to Sophie Hallette within a maximum of 48 (forty-eight) hours, by recorded delivery (signed for). In the event a parcel is not received, any claim shall only be valid if sent within 5 (five) days from the date the corresponding invoice is received.

9 - PRODUCT CONFORMITY

9.1 The Customer is responsible for verifying the conformity of the Products upon receipt.

9. 2 The Customer must notify Sophie Hallette of any conformity defects by e-mail, to [email address to be defined], within fifteen (15) days as from the date it receives the Products. After verification and subject to its acceptance, Sophie Hallette will then ask the Customer to return the defective products, which it shall subsequently exchange or reimburse, at the Customer’s discretion.

Any claim submitted after the expiry of the aforementioned deadline shall be invalid, unless there are legitimate reasons for the delay, and Sophie Hallette may under no circumstances be held liable with regard to the conformity of the products delivered to the Customer.

The cost of returning the products shall be borne by the Customer.

9.3 Sophie Hallette shall verify the defective nature of the returned Product upon receiving it.

If the Product is found to conform to the order, Sophie Hallette shall return it to the Customer at the latter’s expense, paid in advance.

In the event of confirmation by Sophie Hallette of the defective nature of the Product, Sophie Hallette shall proceed to either exchange the Product or reimburse its price and shipping fee, at the Customer’s discretion. Where it is impossible to exchange the Product, the order shall be cancelled and the Customer reimbursed for the price of the Product, including shipping fee.

In the event a Product is returned and a replacement sent for a proven defect, the fees incurred for returning the Product and sending the replacement shall be borne by Sophie Hallette.

The foregoing provisions do not affect the Customer’s right to take action for hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or non-contractual nature provided by law, within two years from discovery of the defect.

10 - GUARANTEES AND FORCE MAJEURE

10.1 Sophie Hallette does not guarantee the Products against any form of damage that may occur as a result of their mishandling or misuse by the Customer.

10.2 In addition to those cases of force majeure generally recognised by the law and by the courts, the following shall also be deemed to constitute force majeure, thereby fully or partially releasing Sophie Hallette from its obligation to deliver within the agreed indicated deadlines : fire, strikes, lock-outs, riots, natural disasters, epidemics, war and government measures rendering production and delivery of the products illegal or impossible (notably due to the impossibility of raw material supplies). Force majeure shall also include the occurrence of the foregoing events in any establishment upon which Sophie Hallette relies for supplies.

11 - RIGHT OF WITHDRAWAL

11.1 Non-professional, individual Customers have a right of withdrawal entitling them to return any Product, without giving reasons therefor and without incurring any penalty, and to be reimbursed for the price of the Product.

The withdrawal period is fourteen days from receipt of the Product(s) by the Customer or a third party other than the transport company and designated by the Customer.

11.2. The Customer shall inform Sophie Hallette of their decision to withdraw by sending the latter, before the expiry of the foregoing period, the withdrawal form available in clause 16 below or any other unambiguous declaration expressing their desire to withdraw.

11.3 The Customer must return the Product within a maximum of 14 days from receipt of the e-mail validating their request to return it, in a condition rendering it perfectly fit for resale, in its original packaging, which must be complete, new and undamaged.

The cost of returning the Product shall be borne by the Customer.

11.4 The Product must be returned, preferable by letter or parcel sent recorded delivery, to the following address :
Sophie Hallettew
Service web
2 Rue Alfred Melayers,
59540 Caudry, France

11.5 Subject to compliance with the terms governing the right of withdrawal as set forth above, Sophie Hallette shall reimburse the Customer for the total amount of the products returned within fourteen (14) days from its receipt of the Customer’s request to exercise their right of withdrawal.

The sums in question shall be reimbursed using the same payment means as those used for the initial transaction.

12 - PRODUCT RESALE

Any resale of the Products by non-professional Customers is strictly prohibited.

13 - PERSONAL DATA AND COOKIES

13.1 Sophie Hallette expressly undertakes to collect and process personal data concerning its Customers in compliance with the national and European laws and regulations in effect, and in particular with the French Act of 6 January 1978 (the French data protection act).

Sophie Hallette strives to ensure that Customers are fully informed of the nature of the personal data collection and processing employed by Sophie Hallette.

Pursuant to the aforementioned Act, Customers are hereby informed that Sophie Hallette processes personal data concerning Customers in an automated manner, particularly when they visit the Website, use the Website, create their Customer Account and place Orders.

Information marked with an asterisk and required in the forms presented on the Website is mandatory and necessary in order to place an Order via the Website. Failure to complete a mandatory field will render it impossible for Sophie Hallette to process the Customer’s Orders.

The purpose of this automated processing of Customers’ personal data is to manage access to the Website and enable Sophie Hallette to fulfil its obligations with respect to contracts of sale entered into between Sophie Hallette and Customers.

Sophie Hallette is the recipient of the personal data collected by Sophie Hallette when the Website is used.

Sophie Hallette also reserves the right to transfer the personal data, at no cost or for a fee, to key partners selected by Sophie Hallette, provided it obtains the Customer’s express consent when finalising the Order.

Customers have the right to access, rectify and remove data concerning them. Customers may also oppose the processing of their personal data if they have legitimate reasons for doing so. To exercise these rights, they simply need to address their request in writing to Sophie Hallette.

13.2 Cookies are small text files stored on your computer or mobile device then recovered during subsequent visits. Sophie Hallette uses cookies to make your visit simpler and more agreeable. We do not use cookies to store personal information or disclose information to third parties.

Cookies are, however, used to store information about how the computer browses the Website (pages consulted and the date and time of the visit, etc.), which may be read when the user returns to the website for subsequent visits, in order to improve the ergonomics of the visit or adapt the webpages visited to the Customer’s ’profile’. Such information is stored on the computer for 13 (thirteen) months.

You can easily erase cookies from your computer or mobile device using your browser. To view the instructions for managing and removing cookies, please consult the help section of your browser or click on the ’browse in private’ function in the ’tools’ menu. Depending on your preferences, you can disable cookies or ask to be alerted each time a new cookie is transmitted to your computer or mobile device. Please note that if you disable cookies, you will no longer be able to benefit from all features of the Website.

Third-party cookies

Sophie Hallette uses third-party cookies to collect statistics in aggregated form in analysis tools such as Google Analytics and Eulerian. These cookies may be permanent or temporary (session cookies). Permanent cookies are stored on your computer or mobile device for a period that may not exceed 13 (thirteen) months.

When the Customer browses the Sophie Hallette Website, cookies belonging to partner companies may also be stored on the Customer’s computer.

The purpose of such cookies is to identify the items viewed or purchased and to collect browsing data in order to personalise the advertising addressed to the Customer outside the Sophie Hallette Website. As part of this type of advertising partnership, Sophie Hallette may transmit to the partner data concerning the items viewed by the Customer when browsing the Sophie Hallette Website as well as the nature of their purchases. The Customer may refuse these cookies at any time by selecting the appropriate settings in their browser or by clicking on the ’browse in private’ function in the ’tools’ menu. Such refusal shall prevent access to certain features proposed by partners of Sophie Hallette.

14 - INTELLECTUAL PROPERTY RIGHTS

Sophie Hallette holds the intellectual property rights to all Products, visuals and images presented and offered for sale on the Website, as well as to the Website itself. The Customer undertakes not to breach in any manner whatsoever Sophie Hallette’s intellectual property rights.

Trademarks belonging to Sophie Hallette may under no circumstances be reproduced, represented, modified or used without Sophie Hallette’s express, prior consent. Sophie Hallette reserves the right to withdraw such consent at any time.

The images and photographs appearing in the Sophie Hallette catalogue, in adverts, on the Sophie Hallette Website or on any other medium published by Sophie Hallette may under no circumstances be reproduced, represented, modified or used without Sophie Hallette’s express, prior consent. Sophie Hallette reserves the right to withdraw such consent at any time.

The Customer shall refrain from taking any action or acting in any manner with the aim or effect of affecting or damaging the image of Sophie Hallette.

15 - APPLICABLE LAW AND JURISDICTION

If any clause of this contract and of the General Terms and Conditions is found to be invalid, the validity of the other clauses shall not be affected. In such case, the parties shall replace the invalid clause with a valid provision, the content of which shall be as close as possible to the parties’ initial intention. The new clause shall be valid for both past and future operations.

These General Terms and Conditions are governed by French law. In the event of any problem arising when placing an order or delivering the Sophie Hallette Products, the Customer may, prior to taking any legal action, seek an amicable solution, notably with the help of a consumer group or any other advisor of their choosing, or to use any other alternative dispute resolution method. Any disputes arising in connection with the interpretation or performance of these General Terms and Conditions and their effects shall be subject to the sole jurisdiction of the French courts.

16 - WITHDRAWAL FORM

(Please complete and send this form only if you wish to withdraw from the contract). For the attention of Sophie Hallette or by mail contact@sophiehallette.fr.

 I/We (*) hereby inform you of my/our(*) withdrawal from the contract pertaining to the sale of the product /service(*) indicated below

 Product ___[reference]_____________

 Order dated (*) /received on (*) : ______________

 Name of the consumer(s)

 Address of the consumer(s)

 Signature of the consumer(s) (only if submitted in paper form)

 Date
(*) Cross out as appropriate.