Terms of sale
Article 1 - LEGAL NOTICES
This site, accessible at the URL www.saint-patron.com (the "Site"), is published by:
the company SAINT-PATRON, registered in the CCR of Compiègne under the number 888 930 520 whose registered office is located at 6 rue des postes 60520 PONTARME,
(hereinafter referred to as the "Operator").
The Site is hosted by the company Shopify.
The Operator can be reached at the following e-mail address email@example.com.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to him on request by any means.
The GCS are opposable to the customer who acknowledges, by ticking a box or by clicking on the button provided for this purpose, that he or she is aware of them and has accepted them before placing the order or pre-order. The validation of the order or pre-order by its confirmation is worth adhesion by the purchaser to the GCS in force at the day of the order or pre-order whose conservation and reproduction are ensured by the Operator.
Article 3 - DESCRIPTION OF PRODUCTS
The Site is an online sales site of clothing and leather goods (hereinafter the "Product(s)") open to any individual or legal entity using the Site (the "Customer").
The Products presented on the Site are each subject to a description (established by the supplier or accessible on the manufacturer's site by a link on the Site) mentioning their essential characteristics. Photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 - ORDERS OR PRE-ORDERS
The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid within the limit of available stocks.
The Operator may offer the Customer a pre-order system for certain Product references on sale on the Site, which are not available in stock.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order or pre-order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of the payment of the sums already paid in the case of an order, and at the latest within (60) days of the payment of the sums already paid in the case of a pre-order
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation.
Except for any mention to the contrary appearing in these General Conditions and without prejudice to the right of retraction provided for by the applicable law, the Customer's orders or pre-orders are firm and definitive.
At the time of placing an order or pre-order, the Customer must select the Products chosen, add them to his or her basket, indicating the Products selected and the desired quantities. The Customer can check the details of his order or pre-order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and retraction fees prior to payment of his order or pre-order. Confirmation of the order or pre-order implies acceptance of the GCS and forms the contract.
In case of Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.
Contractual information relating to the order or pre-order (including the order or pre-order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order or pre-order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer within the framework of an order or pre-order will be sent to the email address that the Customer uses to identify himself in his customer space.
The Operator reserves the right not to validate the Customer's order or pre-order for any legitimate reason, in particular in the hypothesis where:
- The Customer would not respect the General Conditions in force at the time of his order or pre-order;
- The Customer's order or pre-order history shows that amounts are still owed for previous order or pre-order;
- One of the Customer's previous order or pre-order is the subject of a dispute being processed;
- The Customer has not replied to a request for confirmation of its order or pre-order sent to it by the Operator;
- The quantities of products ordered or pre-ordered by the Customer are too large in relation to the Operator's production capacities;
- The quantities of products ordered or pre-ordered by the Customer are too large for the Operator who considers that honoring this order or pre-order could be detrimental to its business.
The Operator shall archive the contracts for the sale of Products in accordance with the applicable legislation. By sending a request to the following address firstname.lastname@example.org, the Operator shall provide the Customer with a copy of the contract that is the subject of the request.
Any modification of the order or pre-order by the Customer after confirmation of his order or pre-order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order or pre-order (in particular name and delivery address) is binding on the Customer. Thus, the responsibility of the Operator could not in any way be sought if an error during the placing of the order or pre-order would prevent or delay the delivery/delivery.
The Customer declares that he has full legal capacity enabling him to commit himself under these General Terms and Conditions.
Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or tutor holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Customer.
In the event of a breach by Customer of any of the provisions hereof, the Operator reserves the right to terminate Customer's account without notice.
Article 5 - PAYMENT TERMS AND SECURITIES
The Customer expressly acknowledges that any order or pre-order placed on the Site is an order or pre-order with a payment obligation, which requires payment of a price against the supply of the Product ordered or pre-ordered.
In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order or pre-order, by all necessary means.
The Operator uses the online payment solution Stripe.
Orders or pre-orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not transit on the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order or pre-order is recorded and validated as soon as the payment is accepted by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the amounts due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The Customer already has an account on the e-wallet used by the Operator. The Customer can use this account and pay his order or pre-order in complete security without communicating his bank details.
Where applicable, the order or pre-order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the necessary documents to finalize its order or pre-order. These parts will not be used for any other purpose.
Article 6 – PRICES
The price of the Products in force at the time of the order or pre-order is indicated in euros, all taxes included (including VAT), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order or pre-order placed during the period of advertising for the promotion.
The price is payable in Euros (€) exclusively. The price is payable in full after confirmation of the order or pre-order. The proposed prices include the discounts and rebates that the Operator may grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the validation of the order or pre-order by the Customer. The total amount owed by the Customer and its details are indicated on the order or pre-order confirmation page.
For orders or pre-orders to countries outside the European Union and French Overseas Departments and Territories, in the event that customs duties, import taxes or other taxes are payable, the Customer is responsible for paying these costs and is advised to carry out the necessary checks and procedures prior to validating the Order or pre-order.
Article 7 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order or pre-order.
When the Customer places his order or pre-order, he must confirm it after having checked and possibly corrected the contents of his basket (identification, quantity of products selected, price, terms and conditions) before validating it by clicking on "Confirm my cart". Then he acknowledges acceptance of these GCS before paying for his order or pre-order. This constitutes an irrevocable and unreserved acceptance of the order or pre-order by the Customer.
The archiving of communications, purchase orders or pre-orders, and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, purchase orders or pre-orders, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order or pre-order may be solved by the Customer by registered letter with acknowledgement of receipt or by writing on another durable medium in case:
- delivery exceeding the deadline set in the order or pre-order or, failing such a date, within thirty (30) days of the conclusion of the contract, after the Operator has been ordered, according to the same modalities and without result, to carry out the delivery within a reasonable additional time;
In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order or pre-order can be solved by the Operator in case of:
- of refusal of the buyer to take delivery;
- of non-payment of the price (or the balance of the price) at the time of delivery.
Article 8 - RESERVE OF PROPERTY
The Operator remains the exclusive owner of the Products ordered or pre-ordered on the Site until receipt of the full price, including any shipping costs.
Article 9 - SHIPMENT AND DELIVERY
The online sales offers presented on the site are accessible to consumers around the world who have a postal address.
Delivery means the transfer of physical possession or control of the Product to the Customer.
The shipping costs are those specified during the finalization of the order or pre-order and are accepted by the validation of the order or pre-order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order. The delays indicated are average delays and correspond to the processing, preparation and dispatch times of the order.
In the case of a pre-order, delivery times vary according to the type of product offered and its manufacturing requirements. In any event, the maximum delivery time for pre-ordered products will be 6 months from the date of conclusion of the contract. The Operator undertakes to keep the Customer regularly informed of the manufacturing stages and the progress of its pre-order.
The Operator undertakes to ship the Products ordered or pre-ordered in accordance with the announced deadlines, provided that payment for the order or pre-order has not been previously refused.
However, if one or more Products could not be delivered within the initially announced deadline, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer at the time of his order or pre-order. It is thus up to him to check that this address does not contain any error. The responsibility of the Operator cannot be engaged if the address communicated by the Customer is erroneous, thus preventing or delaying the delivery.
Upon delivery, you may be asked to sign a receipt.
No delivery will be made to a P.O. Box.
Article 10 - RETURNS, EXCHANGE AND REFUND
If a delivered Product is not to the Customer's complete satisfaction, the Customer may return it to the Operator. The Customer shall have fourteen (14) days from the date of receipt of the order or pre-order to do so.
According to article L.221-20 of the Consumer Code, all consumers have a period of 14 days to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs.
The Customer may exercise his right of withdrawal by notifying the Operator of the following information:
- name, geographical address, telephone number and e-mail address;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail if such contact details are available and therefore appear on the standard withdrawal form). The Customer may, but is not obliged to, use the model withdrawal form.
Return costs are the responsibility of the Customer except in the event of a product that does not comply with the order or pre-order, in which case the support will be at the expense of the Operator. The return package must be sent to the following address :
For the account of SAINT-PATRON
19 Rue de la Ferme Saint-Ladre, 95470 Saint-Witz
The products must be returned within (14) days from the formulation of the return request to our customer service department.
The products must be returned in their original condition and unused, in perfect condition, with all protective packaging, labels and adhesives (if applicable) attached, including all accessories and documents. We reserve the right not to accept any return of products showing signs of wear and tear, or that have been used or altered from their original condition in any way, or, as an alternative, to reduce the amount to be refunded or the value of the exchange, if applicable. For example, we may opt for a partial refund in the following cases:
- the product(s) have been used, worn, damaged or washed;
- the single-use seal identification label is not attached to the product(s) or has not been returned. Please note that the identification label is an integral part of each product; and/or
- you have not returned a package that is an integral part of a product
If the package is lost or damaged during the product return, the cost of the damage is the responsibility of the Customer.
In addition to the returned Product, the return package must also contain the delivery slip or a letter specifying the exact contact details (surname, first name, address, phone number) and complete of the Customer as well as the order number. Packages for which the identification of the customer (name, first name, address) and of the order (order number) will not be possible, will be refused.
The Operator shall reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements required to implement the Customer's reimbursement. This refund may be made by the same means of payment as that used for the Customer. In this respect, the Customer having paid for his order or pre-order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers according to the Operator's wishes.
Products that are not returned within the above-mentioned deadlines and conditions will not be refunded or exchanged by the Operator.
You will be informed if we decide to reduce the refund amount for this reason. In this case, you may (rather than obtain a partial refund from us) choose to have the products returned to you at your expense. If you refuse this delivery, We reserve the right to retain the Products and the amount specified as a partial refund due to the loss in value of the returned Products.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms and conditions of withdrawal.
Article 11 - CUSTOMER SERVICE
The Customer may contact the Operator by email (email@example.com) indicating his name, telephone number, the subject of his request and the number of the order or pre-order concerned. He may also use the following contact form: www.saint-patron.com/pages/contact.
Article 12 - INTELLECTUAL PROPERTY AND LICENSE OF USE OF THE SITE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, animated or not animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the Operator's express prior written authorization on a case-by-case basis, and the Customer shall be solely responsible for any unauthorized use and/or exploitation.
The Operator reserves the right to take legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 13 - LIABILITY AND GUARANTEE
The Operator shall not be held liable for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop the content and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for its behaviour towards third parties. In the event that the Operator is held liable for such behaviour by one of its Customers, the Customer undertakes to guarantee the Operator against any sentence pronounced against it and to reimburse the Operator for all costs, in particular legal fees, incurred in its defence.
ARTICLE 14 - AFTER-SALES SERVICE
The after-sales services performed by the Operator and not covered by the commercial warranty are the subject of a contract, a copy of which is given to the Customer.
Warranty claims should be addressed to the after-sales service department at the following address:
- e-mail address: firstname.lastname@example.org
The Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for the return postage costs within thirty (30) days of receipt of the product by the Operator.
ARTICLE 15 - PERSONAL DATA
Article 16 - HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party sites not edited by the Operator. They are provided solely for the Customer's convenience, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agrees to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
The Site may also contain promotional hyperlinks and/or banners referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 27 - GENERAL PROVISIONS
FULL AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a renunciation on its part to take advantage of such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Site.
The Customer acknowledges that the Operator shall not be liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and permanent storage, so that it can invoke them at any time during the execution of the contract if necessary.
RECLAMATION - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address: email@example.com.
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, making him/her contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order or pre-order, a copy of which, dated to date, can be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order or pre-order placed previously, unless the Customer who placed a given order has expressly agreed to it.