General Terms and Conditions of Sale
SIDEZ, a simplified single-member joint-stock company with its office located at 117, avenue Victor Hugo – 92100 Boulogne Billancourt – France, registered in the Boulogne Billancourt Trade. Registered under the number 830 761 532, represented by Mrs. Sylvie Duez Berneau in his capacity as President (hereinafter « SIDEZ Company, ») publishes and operates the Website accessible at the following URL addresses: http://sokai.fr and https://sokai.fr, (hereinafter the « Site « ). Any Order placed on the Site will be governed by these General Conditions of Sale. These General Conditions of Sale are concluded between the SIDEZ Company on the one hand and the Customer, non-professional purchaser of consumer goods intended for his personal use on the other hand. The Customer and the SIDEZ Company will be in these general conditions of sale called the PARTIES. You must accept these general conditions of sale, (hereinafter « C.G.V ») before placing an Order for the Products on the Site.
ARTICLE 1. DEFINITIONS
The terms used below have the following meaning in these general conditions of sale:
- – « GCU »: designate the General Conditions of Use of the Site.
- – « Customer »: designates the counterparty of the SIDEZ Company, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly planned that this Client acts outside any usual or commercial resale activity. Purchasing online on the Site is not intended for wholesale or retail resellers.
- – « PURPOSES »: designate the purposes for processing personal data within the meaning of the General Regulations on the Protection of Personal Data.
- – « DELIVERY »: designates the first presentation of the Products ordered by the Customer to the delivery address indicated when ordering.
- – « Products »: designates all the Products available on the Site.
- – « TERRITORY »: designates Metropolitan FRANCE, including Corsica.
ARTICLE 2. OBJECT OF THE CONTRACT
The purpose of these General Terms and Conditions of Sale is to fix the contractual dispositions relating to the respective rights and obligations of the Customer and the SIDEZ Company in the context of Orders placed on the Site. These General Conditions of Sale as well as the indications of the Order, when this Order is accepted by the SIDEZ Company, constitute the only contractual commitments of the SIDEZ Company and of the Customer. In particular, the purpose of Orders is to formalize the sale of SŌKAI brand products in accordance with the description of the conditions of use of the Products. In no case does the object of the Order aim to collect personal data with a view to reselling it, within the framework of targeted advertisements, in accordance with the dispositions of article 17.
ARTICLE 3. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The General Conditions of Sale apply to Orders, as soon as the Products are put online. These changes will take effect immediately after they are posted on the Site. Pre-contractual information will be communicated to the Customer in the event of any modification of the General Conditions of Sale. They are notified and accepted by the Customer during the Order.
ARTICLE 4. NATURE OF THE GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale in no way confer on the Customer the status of employee, agent, agent or representative of the SIDEZ Company. The PARTIES further declare that these General Conditions of Sale can in no case be considered as an act constituting a legal person or any legal entity, and that any form of « affectio societatis » is formally excluded from their relationships.
ARTICLE 5. PRODUCTS MARKETED
The essential characteristics (quality and quantity) of the Products are described on the Site as precisely as possible in accordance to the indications communicated by the suppliers of the SIDEZ Company. Should the Customer need more details SIDEZ can collect and communicate the information from their providers. Product offers are valid as long as they are visible on the Site within the limits of available stocks or conditions specified on the Site. If the Product is not available, the SIDEZ Company undertakes to inform the Customer as soon as possible by any appropriate means. In such situation, the Customer will have the choice between: either to cancel his order, he will then be reimbursed for the payment of the sum which he would have already paid at the latest within 30 (thirty) days from the cancellation of the order or, if the Product is likely to become quickly available, to wait for the new delivery time which will be indicated by the SIDEZ Company. Every effort is made to ensure that the photos of the Products appearing on the Site are faithful to the Products available. However, variations could occur, in particular due to the technical limitations of color rendering on the IT equipment of Customers.
ARTICLE 6. ORDER
6.1 CONDITIONS FOR PLACING AN ORDER
The Customer must be at least eighteen (18) years of age and have the legal capacity to place and honor any Order or hold an authorization allowing him to place and honor any Order and be able to ‘’ justify it at any time, at the request of SIDEZ.
6.2 PLACING AN ORDER Orders are placed in accordance with the procedure provided on the Site and explained below. To place a Direct Order over the Internet, the Customer must follow the following process: Select the Product (s) to order and add them to the basket. The Customer places an order for the contents of the basket by clicking on the button, either from a list of items or from an item description. In accordance with article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, the Customer can view the details of his order (Product, reference, chosen quantity, unit price, shipping costs) and its total price with the possibility to correct any errors. The Customer must verify the accuracy of his basket before confirming his order for; express acceptance; Confirm your order by choosing the Payment method. The SIDEZ Company will send you, upon receipt of your order, an acknowledgment of receipt by email. Orders are firm, they cannot be conditional. It is specified that no order can be taken into account if it is not immediately followed by the corresponding secure payment by bank card or by any other means offered on the Site.
ARTICLE 7. MODIFICATION OF ORDERS
Orders cannot be changed once the confirmation has been made. However, a request by email may be sent to the following address: firstname.lastname@example.org. Modification of an Order by the Customer may be taken into consideration if it is made early enough to be taken into account by the logistics services. A response will be sent to the Customer to validate or not his request.
ARTICLE 8. PRICE, INVOICING AND PAYMENT
8.1 PRICES AND INVOICING The prices displayed on the SIDEZ Company website are subject to change at any time with pre-contractual information. The price applied to the Customer is the one displayed on the Site at the time of ordering, except in the event of a manifest error in displaying the price of the Product on the Site (Derisory price). These prices are applicable exclusively in the context of the sale on the Site and are not enforceable against the SIDEZ Company for any sale that would be made by another channel. They are indicated in euros all taxes included (VAT included) including French VAT at the rate applicable on the day of the order. The delivery costs, accessible on the Site are added to the price of the Products and are mentioned separately before payment. An invoice is established for all orders and sent by email to the Customer.
8.2 PAYMENT Payment for the order by the Customer must be made online at the time of placing purchase by credit card (Visa, Carte Bleue, MasterCard, American Express) via the PAYPAL Site. All orders are payable in euros. Full payment must be made when ordering. At any time can the sums paid be considered as a deposit. For any transaction, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits). The communication by the Customer of his credit card number constitutes authorization for the SIDEZ Company to debit his account up to the amount of the order. No cash on delivery will be accepted, by any means. The order is sent to the Customer only after verification of the method of payment and receipt of the debit authorization for his card.
8.3 DEFAULT OF PAYMENT The SIDEZ Company reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being held.
8.4 VERIFICATION OF PAYMENTS The SIDEZ Company controls all orders that have been validated on its Site. These controls aim to protect the SIDEZ Company from abusive practices of fraud. Our services may have to ask you for all the documents necessary to unlock your order: proof of address or debit under your name, or proof of address in the name of the person indicated for the delivery address, etc. These requests will be made by e-mail.
CHOOZEO is a free credit without any fees, repayable in 3 or 4 installments, offered by NATIXIS FINANCEMENT, a public limited company with a capital of 73,801,950 € – Head Office : 30 avenue Pierre Mendès France 75013 – 439 869 587 RCS Paris. The amount of the free credit varies between (min. and max. terminal).
CHOOZEO is reserved for private individuals (individuals of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date 6 months higher than the date of purchase. CHOOZEO does not accept cards with systematic authorisation, such as Electron, Maestro, Nickel etc… as well as e-cards, Indigo and American Express cards. After completing the order, the customer must click on the « 3 or 4 times CHOOZEO payment by credit card button. ».
He is then redirected to the CHOOZEO Internet page of NATIXIS FINANCEMENT displaying the summary of his order and the request for free credit, which he must then validate. SŌKAI limits itself to putting its customers in contact with NATIXIS FINANCEMENT by indicating on its site a non-contractual landing page. It is therefore not subject to the regulations relating to intermediaries in banking operations and payment services. Moreover, if the customer asks to benefit from a financing solution proposed by NATIXIS FINANCEMENT, the information relating to his order and his identity (surname, first name, postal address) will be sent to him. NATIXIS FINANCEMENT will use this information to study its application for the granting, management and recovery of credit.
NATIXIS FINANCING reserves the right to accept or refuse its financing request in 3 or 4 installments without charge. The customer has a withdrawal period of 14 calendar days to give up his free credit.
ARTICLE 9 DELIVERY
9.1 DELIVERY TERMS The Customer chooses a delivery address located in the TERRITORY, in the European Union, and in any other country on request. The Customer is the solely responsible for a delivery error due to a lack of information when placing the order. Only one delivery method is currently available:“Colissimo” by“La Poste”for deliveries in France and Corsica. The shipping and handling of“Colissimo with signature”is 10.24€ including VAT for the box; 7.67€ Tax incl. for one or two underwear pieces and 8.63€ Tax incl. for the 3 gel pockets. Shipping costs are free for orders greater than or equal to € 300 including tax. For deliveries in Europe, the“applicable day rate”on the day of the order will be applied. A confirmation of the shipping date is sent by email by the SIDEZ Company to the Customer. The Products are shipped with the delivery slip, to the delivery address indicated by the Customer when ordering. Delivery cannot be made either to hotels or PO boxes. The delivery times indicated on the Site are indicative times, corresponding to the average time for the shipping and handeling of the order. These deadlines are valid during working days, wich exclude Saturdays, Sundays and public holidays. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase, code (access, names and / or intercom numbers, etc.), email address and telephone number. It is the Customer’s responsibility to check the external appearance of the packaging for damages and to notify it on the delivery slip, if any, any damage visible on the packaging. In case of damaged packages (already opened, missing products …), the Customer agrees to notify the carrier and the SIDEZ Company within three (3) days of receipt of the Product.
9.2 DELIVERY TIMES The delivery time is indicated during the ORDER process and is given as an indication. It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time. It is also specified that a delay in delivery cannot give place to penalties.
ARTICLE 10. RETENTION OF TITLE
The Products delivered remain the property of the SIDEZ Company until full payment of the product by the Customer. SIDEZ is not taken accountable of any risks on the Products once the Products have been received by the Customer.
ARTICLE 11. EXCHANGE AND RETURN
The Customer has a period of 15 working days from the date of delivery of his package to return the Products for exchange. To exchange a Product or have it reimbursed, the Customer must follow the following return procedure. 1. The Customer must contact Customer Service, by the deadlines indicated above, by email, indicating the number of the order and its name. Email: email@example.com 2. Within a maximum of 24 hours (working days), Customer Service will indicate the procedure to be followed by Customer for the return of the Product (s) 3. The Products may be exchanged or refunded, only if the Products have not been worn and / or washed. Otherwise, the Products cannot be exchanged or refunded. 4. The Products must be returned in their original packaging, with their label, and must not have been neither worn nor washed. Products and / or original packaging returned incomplete, damaged, soiled or with an odor (cigarette, fried, humidity, etc.) will not be refunded or exchanged. 5. The Customer has up to fourteen (14) days (after the initiation of the return procedure) to return the Product (s) to the address indicated. Upon receipt of the Products, the SIDEZ Company will notify the Client that the Products have been received. The exchange or refund will then be made within a maximum of seven (7) days (excluding delivery time for the Product exchanged by post). For any exchange, availability in a specific color is not guaranteed. 6. The consumer will have to formulate with the company SIDEZ, at the latest the third working day following the reception, any complaint if he finds an error or non-conformity of the Products, compared to the indications appearing on the order form. Any complaint beyond this period will not be taken into consideration. Complaints relating to unweared Products can be made on the Site, in the « contact us » section.
ARTICLE 12. LEGAL RIGHT OF WITHDRAWAL
12.1 RIGHT OF WITHDRAWAL Pursuant to article L. 121-20 of the Consumer Code, the Customer has a period of fourteen (14) working days from receipt of the Product ordered on the Site, to exercise their right of withdrawal without have to justify reasons or pay penalties. When the period of fourteen days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day. It is specified that the right of withdrawal cannot be exercised by the Customer that apply to third-parti service requests (screen printing, engraving), or custom-made (color, quality) or for Products that have been worn, washed or stained, in accordance with article L.121-20-2 of the Consumer Code. In the event of exercise of the right of withdrawal, the SIDEZ Company agrees to reimburse the Customer for all of the sums paid, with the exception of return costs, as soon as possible and at the latest within fourteen (14) days following the date on which this right was exercised. This reimbursement is made by check or directly by credit card (by crediting the card used by the Customer during the purchase).
12.2 MODALITY OF EXERCISE OF THE RIGHT OF WITHDRAWAL When the Customer exercises his right of withdrawal by sending the Products to SIDEZ, the Products must be returned in perfect condition in the original box, pouch and in a packaging which protects the Product during the delivery, to the following address : ESAT PRO 42 – Rue Marccel Dassault – 42500 Chambon Feugerolles It is specified that the Customer will not be able to exercise his right of withdrawal if the Product was used in an abusive manner which could be caused by an abusive test of the Product. In other words, a Product having been washed or worn or stained cannot be the subject of a refund or an exchange.
ARTICLE 13. LEGAL GUARANTEES
If despite all the care that we give to our Products, the Product (s) delivered had (are) a defect of conformity or a hidden defect, the Customer has legal rights, under articles L. 211- 4, L. 211-5 and L. 211-12 of the Consumer Code as well as articles 1641 and 1648 of the Civil Code.
Under this Agreement, the lack of conformity would consist of a pierced or cut Product, a defect preventing the Customer from using a Product.
The Product (gel bag) is guaranteed for a period of 1 year. The other clothing Products are not guaranteed. As such, any non-conformity must be indicated by the Customer upon delivery and as soon as possible, the Customer must then inform the SIDEZ Company by email: firstname.lastname@example.org Furthermore, in accordance with article 1642 of the Civil Code, the SIDEZ Company is liable for hidden defects of articles sold which prevent the use for which it is intended, or disturbs the use of the product disminishing the value which the buyer would not have paid for if the Client was aware of it. The Products are guaranteed under normal conditions of use. By normal conditions of use is understood that the guarantees do not apply in the event of abnormal wear of the Products, their improper use or poor maintenance. As such, the underwear purchased can not be returned until a request is made to SIDEZ, within 24 hours of delivery of the Product due to a defect or improper size. In the event of a proven lack of conformity or hidden defect, the Customer benefits from the replacement of the identical defective Product, within the limit of available stocks. In the event that a replacement or repair would be impossible, the SIDEZ Company undertakes to return the price of the Product within 60 days upon receipt of the returned Product. Returns of the Products by the Customer should be made to the address below, indicating specifically that this is a return request and the reason for this request.
Address: ESAT PRO 42 – Rue Marccel Dassault – 42500 Chambon Feugerolles
ARTICLE 14. FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. Force majeure or fortuitous events are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or commercial disputes, civil disturbance, insurrection, war, bad weather, epidemic, blockage of transport or supply for earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship. All of the parties’ obligations will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either of the Parties.
ARTICLE 15. RESPONSIBILITY
The responsibility of the SIDEZ Company cannot be, under any circumstances, held responsable: In the event of non-performance or poor performance of the contractual services, improper use or inappropriate use of the Products by the Customer, in particular when entering the order; in the event of damage resulting from the violation of the security of its Website by an unauthorized third party and not attributable to its negligence. The SIDEZ Company cannot be held responsible or considered to have failed these GTC for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law French Courts. In the event of delay, SIDEZ will inform its CUSTOMER.
ARTICLE 16. CLAIMS
The SIDEZ Company provides the Customer with a « Customer Telephone Service » at the following number: 09.54.80.38.45 (Price of a national call). Any complaint by the Customer must be sent to the following email address in writing: email@example.com
ARTICLE 17. PERSONAL DATA
ARTICLE 18. INTELLECTUAL PROPERTY
The brands, logos, slogans, graphics, photographs, animations, videos and texts contained on the Site are the exclusive intellectual property of the SIDEZ Company and may not be reproduced, used or represented without the express authorization of the SIDEZ Company under penalty prosecution. The SIDEZ Company and Mrs. Sylvie Duez Berneau are the sole owners of the “SŌKAI” brand, which has, as far as France is concerned, been regularly filed with the INPI, and as regards the countries of the European Union the mark is registered with the OHIM. Any total or partial representation of the Site and its content, by any process whatsoever, without the express prior authorization of the SIDEZ Company is prohibited and will constitute an infringement punishable by articles L. 335-2 et seq. et articles L. 713-1 et seq. of the Intellectual Property Code. The SIDEZ Company prohibits: – Any intrusion, maintenance in the SIDEZ information system, any extraction or attempted of extraction, by permanent or temporary transfer of the full or partial part of the content of a database to another medium (by any means and in any form whatsoever), reuse and by making available to the public the full or partial content of the database, whatever its form.
ARTICLE 19. ARCHIVING OF THE CONTRACT
Any contract engaged with the Customer corresponding to an order of an amount greater than 120 euros including tax will be archived by the SIDEZ Company for a specified period of ten (10) years in accordance with article L.213-1 of the Consumer Code , possibly modified. To access the Contract, the Customer may request it from: firstname.lastname@example.org.
ARTICLE 20. GENERAL PROVISIONS
The fact that one of the PARTIES did not require the application of any clause of these general conditions of sale, whether permanent or temporary, can not be considered as a waiver of the application of this clause. These general conditions of sale do not confer any exclusivity as regards as providing services to the Customer. If any of the stipulations of these general conditions of sale were to be voided in regard to a legislation, reglamentation/ or a court decision having the force of res judicata, it will be deemed unwritten but will not affect in any way the validity of the other clauses which will remain fully applicable, nor the validity of the Order placed according to these General Conditions of Sale. The PARTIES will come together to agree on a new stipulaton to replace the one declared null and void, it is understood that the new stipulation must respect as much as possible the spirit and the economic impact on the PARTIES of the replaced stipulation.
ARTICLE 21. APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions are subject to French law as regards the substantive rules as the rules of form. Any dispute must be the subject of a prior attempt to reach an amicable settlement. In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding the plurality of defendants or warranty claims.