GENERAL TERMS
Any online purchase completed at ch.sandro-paris.com is subject to prior acknowledgement and acceptance of these general terms of sale.
The guide for making purchases at ch.sandro-paris.com can be accessed here
The legal notice can be accessed here
1. DEFINITIONS
- Item: Products of any kind offered for sale (ecommerce service) on the Site
- Customer: a non-business individual placing the Order and holding full legal capacity.
- Order: commitment to purchase all the Items selected by the Customer via the ecommerce service of the Site.
- Site: website produced by Sandro and accessible at ch.sandro-paris.com
2. PREAMBLE
These general terms of sale (hereinafter "TOS") exclusively apply between the Customer and Sandro S.A.S with head offices located at 150 boulevard Haussmann 75008 Paris registered in the Trade and Companies Register of Paris under the number 80 B 5712 (hereinafter "Sandro").
Any user may access the TOS from any page of the Site.
The TOS are applicable without restriction or reserve to all the Items offered for sale on the Site.
Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Customer.
The validation of an Order following the order procedure offered on the site requires acceptance of these TOS.
These TOS shall take precedence over any other document.
3. ATTENTION
The sale of Items on the Site is exclusively reserved to retail sales and sales to private individuals.
In no case may the Site be used by professional retail Customers, alone or together, and regardless of the method of marketing their products (on the internet, in shopping malls, intermediaries, and including physical stores). The Customer acknowledges and agrees therefore that the items can only be purchased in quantities reflecting average consumer needs, both in terms of the number of items ordered in one order and the number of individual Orders respecting the usual amount an average consumer places for the same product. Sandro reserves the right to refuse to fulfill an order clearly validated by a professional retail Customer.
All Customers are informed of the lack of reliability of the Internet, especially in terms of relative security in data transmission, continuity in unsecured access to the Site, non-guaranteed performance in terms of the volume and speed of data transmission and virus propagation.
Sandro warns each Customer of the need to implement on his/her computer, portable or mobile solution any security measures likely to prevent the spread of viruses.
As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the order is placed.
Handling of a defective or non-compliant item (replacement or refund) or the exercise of a right to cancel and return an order cannot be carried out in physical Sandro stores.
All claims concerning the Items purchased online on the Site must be handled online.
Likewise, an Item purchased in any Sandro store cannot be processed via the Site.
4. CREATION OF A CUSTOMER ACCOUNT
Placing an Order via the Site requires the prior creation of a customer account.
Any adult Customer may freely and at no charge create a customer account through the "Create an account" section.
Creation of a customer account is completed by the Customer by filling out the form requesting identification information.
This account is strictly personal and enables an individual to log in before placing an Order.
When creating the customer account, the customer enters data that allows his/her identification under his/her full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age.
During the creation of a Customer Account, the Customer chooses his/her username and password.
If the username chosen is already assigned, the system prompts a message to choose another.
Usernames and passwords are personal and confidential. The Customer is solely responsible for them.
The Customer undertakes to keep his/her password secret and to not disclose it under any context and for any reason whatsoever.
If it is suspected that a username and password has been used by a third party, the Customer must immediately alert Sandro to change his/her password and/or choose to close his/her account.
Sandro reserves the possibility to close any customer account and refuse any sale to a Customer in the following cases:
- lack of payment for one or several past Orders,
- abuse, unfair or fraudulent use of the Order service provided on the Site or failure to respect any of the Customer's obligations set out in the TOS.
In this case, Sandro will send an email to the Customer concerned, via the address communicated by the latter during the creation of his/her customer account, informing the deactivation of his/her username and password and the closing of the account.
Generally speaking, the Customer is informed of the fact that his/her account may be closed following the first request of the Customer issued by email to Sandro.
5. ITEM CHARACTERISTICS
The Items available for sale are those appearing on the Site. The offers are valid as long as they are visible on the Site.
They are offered so long as their availability is displayed on the Site.
Sandro reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site.
In the event of an Item's unavailability after placing an Order, the Customer is notified by email and the Order is automatically cancelled.
The Items for sale on the site are only available for delivery in Switzerland.
The characteristics of Items sold on the Site (photographs, graphics and descriptions of items, etc.) are purely indicative and may vary over time. They are not contractual.
Only the image of the Item shown at the time of the Order may be taken into consideration by the Customer.
In the event of errors or omissions related to the description of an Item, the responsibility of Sandro is limited to the reimbursement of reasonable return shipping fees for the Item exposed by the Customer.
6. ORDERING ITEMS
Placing an Order requires the registration of the Customer or the logging in of the Customer into the Customer Account.
The Customer declares being at least 18 years old and having full legal capacity or if he/she is a minor, guarantees having parental permission to place his/her Order.
To place an Order, the Customer must follow the online purchase process (https://eu.sandro-paris.com/en/help-faq/faqs.html) and click on "Order" to submit an Order.
The payment of the Order requires the acceptance of these TOS, the price of the Items and the content of the Order.
After validation of payment, Sandro sends an order confirmation email to the Customer.
Every Order is subject to the prior acceptance of Sandro and is not definitively confirmed until after receipt by the Customer of an email confirming the shipping of the Item(s).
If the Customer does not receive an email following his/her Order, he/she must contact Sandro customer service by email via the contact form located on the contact page of the website.
Sandro cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.
Once the order has been validated, the customer has a few minutes to cancel it by going through his "My Account/My Orders" space. Beyond this period, the customer can only return his order for reimbursement once he has received his package, within 30 days.
It is recommended that the Customer print the Order confirmation email.
For any question regarding the tracking of the Order, the Customer must contact customer service by filling out the contact form located on the contact page of the website.
7. PRICES OF ITEMS
The prices are indicated on the Website in CHF, all taxes included, not including the processing and shipping fees.
They include VAT and potential discounts applicable on the day of the Order.
Any new taxes or contributions, notably environmental, may be added to the retail price of the Items.
The prices of the products do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect).
The shipping costs are specified on the Site before validation of the Order.
Sandro reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.
The price of the Items invoiced is therefore that indicated during the Order.
The items remain the full property of Sandro until complete payment of the price, which the customer recognises and accepts.
8. PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express).
The Customer is informed by email, once the Order is shipped, that the invoice including shipping fees and applicable VAT is accessible online on the customer account.
The transactions carried out on the Site are entrusted to HiPay, the secure online payment platform.
They are secured by a solution that presents highly secured pages to enter payment information: card number, expiration date and the visual cryptogram.
This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes them inaccessible to third parties.
9. TERMS AND CONDITIONS
Items are delivered only in the country indicated in Section 5 of these terms and conditions.
The Customer will receive an order number by e-mail, confirming that his Order has been received and accepted. The Customer will be informed about the various stages of his Order by e-mail.
The Customer is informed by e-mail when the items are dispatched, using the e-mail address provided by the latter in his customer account.
The ordered items will be delivered within a period not exceeding 30 calendar days from the date on which the Order was received, provided that the whole price has been paid.
The Customer can make a selection from several delivery modes, some of which will be for the account of the Customer.
The Customer can track the route of his parcel on the chosen carrier's website, using the consignment number. The Customer is informed that it is his duty to provide the accurate information required for proper dispatch of his Order and its delivery (access code, access specifications, for example).
If the Customer is absent when delivery is made, a delivery notification how is parcel is to be stored and made available to him, at the complete and sole responsibility of the carrier.
If the delivery address furnished by the Customer is invalid, thus resulting in a return of the parcel due to non-receipt at the indicated address, the cost of resending the parcel will be paid by SANDRO.
A delivery note is included in the parcel, providing a summary of the items ordered and effectively delivered. The Customer assumes all the risks related to the items from the date of their delivery.
10. LEAD TIMES
The items are delivered to the delivery address indicated by the Customer in the Order at the latest on the date indicated during the Order and according to the country of delivery.
In the event that delivery should take more than 7 working days in excess of the maximum delivery period mentioned above, the Customer may contact SANDRO by e-mail to have delivery made within a reasonable additional period. In the event of non-adherence to this new period, the Customer may ask SANDRO by e-mail to cancel his Order. The contract and thus the sale will be deemed to have been terminated when SANDRO receives an e-mail or letter in which the Customer informs SANDRO of his decision, provided that delivery did not take place between the time of sending and receipt of the Customer's e-mail or letter.If the Order should be definitely cancelled, the Customer will be reimbursed for the price paid for his Order within a period of 14 calendar days following confirmation of the cancellation by e-mail.
In the event that the Customer should receive the parcel after cancelling his Order, SANDRO will reimburse the items and return costs on receipt of all the items in their undamaged original state.
Each delivery shall be deemed to have been made once the parcel has been made available to the Customer by the carrier, as indicated in the control system used by the carrier.
If the parcel is damaged or if the Item does not correspond to the Customer's Order, the Customer is granted a period of 30 calendar days from the dispatch date to initiate the return proceedings as described in Section 11 below.
In the event of delivery by a carrier and the need for consultation with the Customer, the carrier will take up contact with the Customer within the shortest possible time to agree on a delivery date, at the latest within 30 calendar dates from the validation date of the order.
SANDRO cannot be held responsible for any delay in delivery due entirely to the unavailability of the Customer following several attempts by the carrier to arrange for delivery.
If the delivery dates for the various Items of such an Order differ, the delivery date will be based on the date furthest away from the date of the Order.
11. WHAT ARE OUR RETURN, REFUND AND EXCHANGE PROCEDURES?
To make it easier for you to return your products, we grant a maximum of 30 days from the date on which you received your order to return the products, under the conditions set out in Articles 11.1 to 11.2.
The products that you wish to return must be unused (the item's label must not be cut off), unworn and clean and returned to us in their original packaging or, failing that, packaging that ensures the same level of protection.
11.1 How to return your order by mail
Making a return by mail is done in two steps:
- You initially have 15 days from the date you receive your order to return an item. During this period, you must exercise your right of withdrawal by generating your prepaid return label. If you have a customer account, you should access the "My Orders" section of the "My Account" page. Select the relevant order and click on "Return Label". If you placed an order as a guest, you will be able to access the return label via the "Order Tracking" page, which can be accessed from our Site by entering your order number. Generating your return label constitutes withdrawal. Please note that you may also notify us of your withdrawal by filling out our contact form (accessible under the "Returns and Refunds" tab) or by using the withdrawal form available here. In this case, you must nevertheless generate your return label within 15 days of receiving your order.
- Once the return label has been generated, you then have 15 days from the date on which the return label was generated to return your package by mail. To do this:
→ On the delivery note in your parcel, tick the item(s) you wish to return;
→ Insert this delivery note in the return parcel, as well as the products(s) you are returning;
→ After downloading the prepaid return label on your account page, print it and attach it to your package (returning products by post is totally free of charge if you use our prepaid label, but if you pay Post Office fees to return it, you do so at your own expense);
→ Drop off your return package at the Post Office within a maximum of 15 days from the date on which you downloaded the return label
11.2 How to return your order in store
Bring the product(s) you wish to return to an eligible store within a maximum of 30 days from the date on which you received your products (see the list here).
11.3 When will you receive your refund?
Once your return has been checked by us, you will receive an email confirming your refund.
We are committed to refunding the amount corresponding to the product(s) returned as soon as possible and, at the latest, within 14 days from the date on which your return or proof that your return has been dispatched arrives at our warehouses.
Moreover, if you decide to opt for a different delivery method to the one we offer, you will bear the costs associated with said method.
Your refund will be sent directly to either the account linked to the credit card used or to the PayPal account used to pay for the order. You will receive an email confirmation of your refund once it has been validated by our systems. You can track the progress of your return from your account in the "My Orders" section, or, if you placed your order as a guest, in the "Order Tracking" section.
Any products returned to us which have been used (the item's label must not be cut off), worn and/or soiled and/or damaged and/or whose label is missing will be returned to you and a refund will not be provided.
11.4 Do you wish to exchange your item in store?
You may exchange products ordered online in store. To do this:
- Visit your nearest store (excluding department stores and outlets) (see the list here);
- Within a maximum of 30 days from the date on which you received your order;
- With the product(s) that you wish to exchange. They must be unused (the item's label must not be cut off), unworn and clean and returned to us in their original packaging or, failing that, packaging that ensures the same level of protection. Failing this, the store may refuse your return, and you will have to keep your products;
- Bring your order-confirmation email and a valid ID document. Your exchange will be based on the price you paid when ordering online and is subject to the availability of stock in the store.
12. RIGHT OF WITHDRAWAL
In terms of the EU Directive 2011/83/EU issued by the European Parliament and Council on 25 October 2011 regarding the rights of consumers within the framework of distance sale contracts, as implemented in the Customer's country of residence, the Customer has the right to cancel his order at any time within a period of 14 calendar days following the date on which he received the goods.
The Customer thus has a period of 30 calendar days from the date of receipt of his Order to exercise his right of withdrawal, without having to cite any reasons or paying any penalties.
The return of your items is entirely free of charge.
Once the returned Items have been verified, SANDRO undertakes to reimburse the Customer for the entire amount paid for his Order (including delivery costs in the event of an Order placed for Express delivery for which all items were returned) as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return parcel, making payment into the bank or payment account of the Customer used to pay for the Items.
13. CUSTOMER SERVICES
For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Customer must contact our customer service by email via the contact form located on the contact page or by phone +41 22 56 75 776 (free).
14. WARRANTIES
Items are guaranteed against compliance defects and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, as of delivery:
Article 1641 of the Civil Code: the seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known.
- Article 1648, paragraph 1 of the Civil Code: the action resulting from latent defects must be filed by the purchaser within two years after discovery of the defect.
- Article L. 211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.
- Article L. 211-5 of the Consumer Code: to comply with the contract, the item must:
1 / Be suitable for the purpose usually expected of a similar item, and where appropriate:
- correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;
- feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
- Article L 211-12 of the Consumer Code: the action resulting from lack of compliance is recorded within two years after delivery of the goods.
This guarantee allows the Customer to return the defective or non-compliant item delivered for a refund under the aforementioned conditions.
15. AGREEMENT UPON PROOF
The Customer recognises and accepts that the Order recording systems document all the transactions made between Sandro and the Customer.
The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by checking the box "I have read and accept the general terms of Sale".
For this purpose, the Customer acknowledges and agrees that the electronic data stored in Sandro computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and Sandro.
Sandro will save the Purchase orders and invoices on a reliable and durable medium, pursuant to the provisions of Article 1348 of the Civil Code and guaranteeing access to the Customer at any time if they so request it in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless a clear error on the part of Sandro is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute proof and, if they are produced as evidence by Sandro in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.
At any time, the Customer can print, download and save a copy of the TOS to a paper or electronic medium.
16. RESPONSIBILITY
Sandro reserves the right to modify the information contained in this Site at any time and without notice.
Sandro undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated.
In case of no substantial differences between the presentation photographs of Items on the Site, texts and illustrations and the items ordered, the responsibility of Sandro will not be committed.
The Customer acknowledges and agrees that the prices of Items may vary between stores and the Site, and in no case may this price difference serve as a base for a claim for a total or partial refund of Items purchased on the Site or in stores.
The responsibility of Sandro cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force Sandroure as defined by case law rendered by French courts.
Notably, Sandro shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control ("Case of Force Sandroure").
A Case of Force Sandroure includes any act, event, non-performance, omission or accident beyond the control of Sandro and particularly includes (but is not limited to):
1. strikes, closures or other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transportation by train, boat, plane, roads or other means of private or public transportation.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accidents of maritime, postal or other shipping transportation.
The execution of the TOS shall be suspended for as long as the Case of Force Sandroure continues and the execution and delivery lead times shall be extended accordingly. Sandro will endeavour as far as possible to end the Force Sandroure or to find a solution allowing it to fulfil its contractual obligations despite the Force Sandroure.
Sandro is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of all indirect damages.
17. LICENCE
Sandro grants a license that is limited to the access and use of the Site for personal and non-professional or commercial use of the Site to the Customer.
In no case is the Customer authorised to download or modify all or part of this Site without the written and express permission of Sandro.
This Site or any part of this Site cannot in any way be reproduced, copied, sold or exploited for commercial or professional reasons without the written and express permission of Sandro.
The Customer cannot use techniques allowing a trademark, logo or any other information (notably images, text, models) of which Sandro is the owner to be copied without its express and written consent.
Sandro authorises the Customer, non-exclusively and on a revocable basis, to create a hyperlink to the homepage of the Site provided that this link cannot create derogatory, untrue, false, infringing or possible harm against Sandro Products, any of its trademarks or Sandro itself.
In no case may the creation of the hyperlink incur the liability of Sandro in any capacity whatsoever.
18. PERSONAL DATA PROTECTION
19. COMMERCIAL OFFERS AND NEWSLETTERS
Sandro may send commercial offers to Customers by post, email, sms, telephone or via any web spaces run by Sandro or any of its subsidiaries on social networks, subject to prior acceptance.
At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.
20. COOKIES
When visiting the site, information pertaining to the Customers' browsing may be recorded in "Cookies" installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by Sandro in order to facilitate browsing on the Site and allow recognition of Customer browsers when they are connected to the Site.
These cookies are issued in order to:
- establish visitor statistics (number of visits, pages viewed, cancellation of the order process, etc.)
- adapt the presentation of the Site to the display settings of terminals,
- memorise the information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
- Sandro reserves the right to implant cookies on the Customer's computer when visiting the Site.
A cookie is a small file that is sent to the Customer's computer and stored on the hard drive. If the Customer is registered with Sandro, his/her computer will store an identification cookie that will save time each time he/she visits the Sandro site because it will remember the Customer's email address.
A cookie does not allow the identification of the Customer but the purpose is to note the prior visit of the Customer on the Site to help Sandro personalise its services.
The Customer may configure settings so that cookies are deactivated and avoid the installation of cookies without his/her express consent on his/her computer.
Any settings implemented by the Customer shall be liable to change Internet browsing and conditions of access to certain services on the Site requiring the use of Cookies.
The Customer may express and modify at any time his/her wishes pertaining to cookies, by the methods described below.
The Site uses computer applications from third parties that allow the Customer to share the content of the Site with other people or to make known to other individuals his/her opinion of the content of the Site. (Social networks such as Facebook, "Google+", "Twitter", etc.).
When the Customer visits a page of the Site containing a "Share" or "Like" button, the browser establishes a direct connection with the servers of the concerned social network.
If he/she is connected to the social network during browsing, the application buttons allow to connect the pages visited to his/her account.
If he/she interacts via plug-ins, for example by clicking on the "Like" button; or in leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his/her account.
If the Customer would not like social networks to connect the information collected through the Site to his/her account, he/she must logout of the concerned social network before visiting the Site.
Sandro is in no way responsible for the content or operation of any of the social networks, including those which may be connected to the Site.
21. INTELLECTUAL PROPERTY
Sandro is the exclusive holder of the intellectual property rights:
- over the Items sold on the Site,
- over the trademarks associated with the Items,
- over the Site, and notably on its layout, organisation and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site,
- over the databases, their structure and their content, designed and managed by Sandro, for the editing needs of the Site,
- over all the design elements of the Site whether graphic or technical,
- over all the names, acronyms, logos, colours, graphics or other signs that may be used, completed or implemented by Sandro.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorised for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Any other use, without the prior and written permission of Sandro constitutes infringement and shall be punished according to intellectual property regulations.
Any hyperlink to the homepage of the Site, or any other page of the Site, is subject to the prior and written agreement of Sandro.
22. MODIFICATION OF THE TOS
Given the possible changes of the Site and regulations, Sandro reserves the right to change the TOS at any time.
The new TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.
23. APPLICABLE LAW
These TOS are subject to French law.
Any dispute will fall under the exclusive competence of the French courts within the jurisdiction of the Customer's domicile, if no amicable agreement is reached between the Customer and Sandro.