Politique de confidentialité

Introduction

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

Any order of a Product offered on the Site implies that the Buyer agrees to the following terms and conditions of sale. Esmé reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in place at the time of purchase.

Article 1. Subject matter

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

Article 2. Products - Prices

2.1 Products

Only the products listed on the Site on the day of its consultation by the Customer are offered for sale. The products offered are limited to the European Union zone. The product offer and the price are available, within the limit of available stocks, as long as they are proposed on the Site.

2.2 Prices

The prices are indicated in Euros including all taxes. The prices applied are those appearing on the Site at the time of placing the order, the sum of the fixed price of the preparation and delivery costs will be communicated to the customer on the summary of the receipt, before validation of the 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 Registration of the order

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

3.2 Validation of the order

The validation of the confirmation of the basket constitutes an electronic signature. This signature is equivalent to a signed handwritten document and is proof of the integrity of the order and of the due date of the sum due for the said order; once the order has been validated, the Customer becomes a purchaser; notwithstanding the application of Article R624-3 of the French Penal Code, the Customer pays for his order by bank card (credit card, Visa, Eurocard/Mastercard). If the Customer wishes to make a payment by credit card, he/she must provide the credit card number. The type of card, the expiry date and the cryptogram must be provided.

3.3 Payment

The price due 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. The payment of your purchases is made exclusively by credit card (Carte Bleue, Visa, Maestro, Eurocard/Mastercard). Your credit card will be debited no later than six (6) days after your order is placed, in the currency of your 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.

The payment card numbers are not stored on our website but on the secure site of the banking establishment STRIPE.

As part of the electronic payment process and in order to fight against fraudulent use of online payment methods, we verify the reliability of the information you enter when you place your order.

3.4 Acknowledgement of receipt of the order

Once payment has been made, a document summarising the order is sent to the buyer's e-mail address. This document serves as an acknowledgement of receipt and is a summary of all elements included in the contract between the parties. A link to the return form will also be included in this document. 

Article 4. Delivery

Esmé shall do everything in its power to ensure that the order is delivered on average between 1 and 3 days, starting from the day after the order is validated by the buyer. It is specified that orders placed on the www.shopsessei.com website on Friday, Saturday or Sunday will be processed the following Monday. Orders placed on the website www.shopsessei.com on public holidays other than Friday, Saturday and Sunday will also be processed on the next day of opening. Items ordered by the Buyer will only be delivered within the EU to the address indicated by the Buyer on the order confirmation page, accompanied by a delivery note. The Buyer has the option of having the products delivered to an address other than his/her own. Delivery will not be ensured in the event of force majeure, transport and/or postal service strikes.

Article 5. Right of withdrawal

 The Buyer has fourteen (14) working days from the date of delivery to notify Esmé of his/her wish to return, at his/her expense, the Product(s) ordered. The Buyer has an additional fourteen (14) working days to return the goods. If the conditions mentioned above are met, Esmé will refund the Buyer the total amount of his/her order (price of the Products and shipping costs) in the original method of payment, directly upon receipt of the Products, excluding the costs of returning the Products, which will be borne by the Buyer.  

5.1 Special case of personalised 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 personalised.

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

 Article 6. Legal guarantees

6.1 Legal guarantee of conformity

All our products are covered by a legal guarantee, provided that they are used normally and that the instructions are followed.

Article L.217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if this was carried out at his expense by the contract or under his responsibility.

Article L.217-5 of the Consumer Code
The goods conform to the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

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

- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has 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
Conformity defects that appear within twenty-four months of delivery of the goods are 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 reverse 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 may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller shall be obliged to proceed, unless this is 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 the price, or keep the goods and be reimbursed part of the price.

The same option is available to him:

1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of 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 shall be free of charge for 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 by two years from the delivery of the goods.

 

6.2 Warranty for defects in the goods sold

Article 1641 of the Civil Code

The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose 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 he has stipulated that he will not be bound by 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 keeping the goods and recovering part of the price. 

Article 1645 of the Civil Code
If the seller has had knowledge of defects in the goods, he shall be liable to the buyer for all damages, in addition to the return of the price he has received for the goods.

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

Article 1647 of the Civil Code

If the thing that was defective has perished because of its poor quality, the loss shall be borne by the seller, who shall be liable to the buyer for restitution of the price and the other compensation explained in the two preceding articles. But the loss which occurred by chance shall be borne by 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. And to enable you to receive offers from our partners, we may need to communicate this type of information to you. 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 information concerning him/her. The customer has the right to register on a list specifying that he does not wish to be contacted by telephone.

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

7.3 Web beacon
Some web pages on the Site may contain web beacons that allow the number of visitors to the Site to be counted and/or allow Esmé a number of indicators. These Web Beacons may be used with some of our partners, with the stated 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 disruption or general or partial strike, in particular of the postal services or means of transport and/or communication, flooding or fire. If Esmé fails to deliver within thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, unless Esmé has performed in the interim.

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

8.3 Storage and archiving operations
Invoices are archived 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 relations between Esmé and the Buyer are subject to French law. In the event of a dispute, the consumer may have recourse to a mediator. Esmé has made a commitment to a mediator who can be contacted:

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

If not, the consumer may bring the matter before the court of his choice. However, Esmé is always open to finding an amicable solution before taking legal action.