Free delivery for purchases over €200 in mainland France

General Terms and Conditions

Introduction


The merchant site www.shopsessei.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet, open to all users of this medium (hereinafter referred to as "Internet users"). It is published by the company Esmé (hereinafter referred to as "Esmé"), a SASU with a capital of 1000 Euros, whose registered office is located at 10, rue Pergolèse 75116 PARIS, registered in the Paris Trade and Companies Register under number. VAT number: FR.

The site allows Esmé to offer for sale textile products and accessories of the SESSEI brand or one of its commercial partners (hereinafter referred to as "products") to Internet users who browse the site (hereinafter referred to as "customers"). For the purposes of this Agreement, it is decided that the Customer and Esmé will be collectively referred to as "Parties" and individually as "Party", and that the customer who has validated an order will be referred to as "Buyer".

Any order for a Product offered on the Site implies the Buyer's acceptance of the following conditions of sale. Esmé reserves the right to modify these conditions of sale at any time by publishing a new version on the Site. The general conditions of sale are those in place on the date of purchase.


Article 1. Purpose


These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site; these apply to the exclusion of any other document.


Article 2. Products - Prices


2.1 Products


Only products listed on the Site on the day the Customer consults it are offered for sale. The products offered are limited to the European Union area. The product offer and price are available, within the limits of available stocks, as long as they are offered on the Site.

2.2 Price


Prices are indicated in Euros, all taxes included. The prices applied are those appearing on the Site at the time the order is placed. The sum of the fixed price for preparation and delivery costs will be communicated to the customer on the receipt summary, before validation of said document. Please note that shipments outside the European Community are subject to import taxes and customs duties (DDU Deliver Duties Unpaid) according to the regulations of your country of origin.


Article 3. Order


3.1 Recording the order


The Customer who wishes to place an order chooses the item(s) of his choice by clicking on "Add to cart" At any time the Customer can: - Check the number of Products in his cart and obtain detailed information on each item by clicking on "My cart", - A new Customer must fill in all the necessary information fields in order to create his customer account. The Customer must accurately fill in the form that will be given to him, which will include the information necessary to identify his identity, in particular his email address and a password of his choice (which will be personal and confidential) which will allow him to identify himself on the site. Any customer who already has a password must identify himself after clicking on "Confirm", by entering his email address and password; the Customer accepts that this method of identification can prove his identity; he is required to provide personal information to be a distance seller, this information is necessary for the processing and delivery of orders, and for invoicing. After placing an order, and once all the required information has been completed by the Customer, the latter will have read the general conditions of sale to which he will have given his agreement by ticking the box provided for this purpose.

3.2 Validation of the order


Validation of the shopping cart confirmation constitutes an electronic signature. This signature is equivalent to a signed manuscript and constitutes proof of the integrity of the order and the due date of the amount due under said order; once the order has been validated, the Customer becomes the buyer; notwithstanding the application of Article R624-3 of the Penal Code, the Customer pays for his order by credit card (Carte Bleue, Visa, Eurocard/Mastercard). If the Customer wishes to make a payment by credit card, he must provide the credit card number. The type of card, the expiry date and the cryptogram must be provided.

3.3 Payment


The price owed by the Buyer is the amount indicated on the order summary. In all cases, the amount debited will correspond to the Product(s) to be delivered, it being specified that when choosing a bank card as a means of payment, the buyer is automatically transferred to the Ingenico electronic payment server. Payment for your purchases is made exclusively, when you place your order, by bank card (Carte Bleue, Visa, Maestro, Eurocard/Mastercard). Your bank card will be debited no later than six (6) days after placing your order, in the currency of the order.

You can make your purchases in complete security, the confidentiality of banking information transmitted via the site to an approved banking establishment is carried out in a secure environment (SSL protocol) via our partner STRIPE.

Payment card numbers are not stored on our website but on the secure website of the banking institution STRIPE.

As part of the electronic payment process and to combat fraudulent use of online payment methods, we verify the reliability of the information you entered when registering your order.

3.4 Acknowledgment of receipt of the order


Once payment has been made, an order summary document will be sent to the buyer's email address. This document serves as an acknowledgment of receipt and summarizes all the elements included in the contract between the parties. A link to the return form will also be included in this document.


Article 4. Delivery

Delivery times vary depending on the delivery method chosen.

Monday to Friday: Orders must be placed the day before or the same day before 9 a.m. for dispatch within 48 hours.

Fridays after 10am, weekends and public holidays: orders are shipped on Mondays and Tuesdays.

For custom orders : please add 1 to 4 working days to complete the embroidery(s) on your shirt(s).

From the time the order is shipped , the average delivery times are as follows:

  • 1 working day by Chronopost for France;
  • 2 to 6 working days by Mondial Relay for France;
  • 1 to 5 working days by Chronopost for Europe;
  • 2 to 4 working days by DHL Express or Fedex internationally;

Esmé makes every effort to ship all orders placed within 24 to 48 hours.  However, shipments only take place on working days, which means that an order placed on Thursday or Friday could validly be shipped on Monday or Tuesday.

Furthermore, during busy periods, Esmé reserves the right to extend the shipping time to 72 hours.

As Esmé and the carriers are separate and independent entities, Esmé cannot be held responsible for any delay in delivery attributable to Chronopost, Mondial Relay, DHL or Fedex.

The Customer will receive an email confirming their order and will be informed of the status of their delivery. They will be able to make all arrangements to receive or arrange for the receipt of the goods on the days and times indicated. They will be responsible for providing the desired delivery instructions and instructions if they are not present at the address indicated on the day of delivery.

In the unlikely event that the delivery time exceeds 30 days, you would then be entitled to cancel your order.

Case of an undelivered/unfound package:

If it turns out that the carrier indicates delivery when the package has not actually been received, the Customer will immediately report this to Esmé, who will send them proof of deposit. It will then be up to the Customer to contact the carrier directly to make a claim. Only if the claim duly made by the Customer fails will Esmé be able to intervene to help the Customer in their process, without any guarantee of success and without compensation for the Customer in the event of the claim ultimately failing.

Article 5. Right of withdrawal

The Buyer has a period of fourteen (14) working days from the delivery date to notify Esmé of their wish to return, at their own expense, the Product(s) they have ordered. The Buyer has an additional period of fourteen (14) working days to return the goods. If the conditions mentioned above are met, Esmé will reimburse the Buyer the total amount of the returned products (price of the Products excluding shipping costs for purchases outside the European Union) to the initial payment method, within a maximum of 14 days after receipt of the Products, excluding the costs of returning the Products, which will be borne by the Buyer.

5.1 Special case of personalized products

The Hamon law modifies the Consumer Code on this point in its article L. 121-21-8:

“The right of withdrawal cannot be exercised by the consumer for contracts for the supply of goods made to the consumer's specifications or clearly personalized.”

Consequently, any products on which the customer's initials have been affixed at their request cannot be returned or exchanged.

Article 6. Legal guarantees

6.1 Legal guarantee of conformity

All our products benefit from a legal guarantee, in compliance with the normal use and compliance with the instructions.

Article L.217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been carried out at its expense by the contract or under its responsibility.

Article L.217-5 of the Consumer Code
The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and presents the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect taking into account the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-7 of the Consumer Code
Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may overturn this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L.217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. In this case, the seller is required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code
If repair and replacement of the goods are impossible, the buyer may either return the goods and be reimbursed for the price, or keep the goods and be reimbursed for part of the price.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within the month following the buyer's complaint;

2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L.217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 is carried out at no cost to the buyer. These same provisions do not prevent the award of damages.

Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.

6.2 Warranty for defects in the item sold

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1643 of the Civil Code
He is responsible for hidden defects, even if he was not aware of them, unless in this case he has stipulated that he will not be held to any guarantee.

Article 1644 of the Civil Code
In the case of Articles 1641 and 1643, the buyer has the choice of returning the goods and recovering the price, or of keeping the goods and recovering part of the price.

Article 1645 of the Civil Code
If the seller has knowledge of the defects in the goods, he is liable to the buyer for all damages, in addition to the restitution of the price he received for them.

Article 1646 of the Civil Code
If the seller has knowledge of the defects in the goods, he is liable to the buyer for all damages, in addition to the restitution of the price he received for them.

Article 1647 of the Civil Code

If the thing that was defective has perished due to its poor quality, the loss is the responsibility of the seller, who will be liable to the buyer to return the price and the other compensation explained in the two preceding articles. But the loss that occurred by chance will be the responsibility of the buyer.

Article 7. Information technology and rights

7.1 Personal information
Personal information is processed by Esmé to better manage customer relations and prospecting. We may also share this type of information with you to enable you to receive offers from our partners. In accordance with the French Data Protection Act of 6 January 1978, updated by the Act of 6 August 2004, the Customer has the right to access, rectify, and object to any information concerning them. The Customer has the right to register on a list, specifying that they do not wish to be contacted by telephone.

7.2 Cookies
Our website is tailored to the needs of our customers. Click here to learn more.

7.3 Web beacon
Some web pages on the Site may contain web beacons that allow us to count the number of visitors to the Site and/or provide Esmé with a number of indicators. These Web Beacons may be used with some of our partners, for the express purpose of measuring and improving the Site.


Article 8. Miscellaneous provisions

8.1 Force majeure
Esmé shall not be held liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event qualified as force majeure, in particular in the event of a disruption or general or partial strike, in particular of postal services or means of transport and/or communication, flooding or fire. If Esmé fails to meet its delivery obligation no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, unless Esmé has performed in the meantime.

8.2. The contract in its entirety
These general conditions of sale and the order summary sent to the Buyer constitute a contractual and complete summary of the agreements entered into between the parties.

8.3 Conservation and archiving operations
The archiving of invoices is carried out on a viable and durable medium so as to correspond to a faithful and durable copy.

8.4 Applicable law - jurisdiction.
These general terms and conditions of sale and the contractual relationship between Esmé and the Buyer are subject to French law. In the event of a dispute, the consumer may seek recourse to a mediator. Esmé has engaged a mediator whom it can contact:


Philippe Trémain Mediator
judicial at the Court of Appeal
12 square Desnouettes 75015 Paris
Tel: 06 63 18 66 33
www.mcpmediation.org

Otherwise, the consumer may refer the matter to the court of their choice. However, Esmé is always open to seeking an amicable solution before taking legal action.