The present conditions are concluded between the company BRION SISTERS, whose trade name is SOEUR, hereinafter denominated "SOEUR" and the people wishing to make a purchase via the website SOEUR (www.soeur.fr), hereinafter referred to as "user". These conditions only concern physical people, not shopkeepers. The parties agree that their relations will be governed exclusively by this present contract, excluding any conditions beforehand available on the site. If a condition were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies are headquartered in France.
1. OBJECT :
These conditions aimed to define the terms of sale between SOEUR and the user, from the order to services, through payment and delivery. They regulate all the steps necessary from the placement of the order and the follow-up of the same between the contracting parties.
2. ORDER :
Any order implies acceptance of prices and description of products available for sale as well as the general conditions of sale. Any dispute on this point will occur in the context of a possible, exchange and the guarantees mentioned below.
SOEUR agrees to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of the product, SOEUR commits to inform the user.
3. SHIPPING COST AND DELIVERY :
Shipping costs are to be paid by the user and dependent on the country of delivery. They will be specified to the customer during the confirmation of the order.
The ordered products will be delivered to the address specified by the user on the website. The possibility of worldwide delivery is given on the website.
The risks of transport are the responsibility of the customer, starting from the release of the product from the warehouse.
Delivery methods and prices are currently as follows and are subject to change:
|Countries and delivery methods||Delays*||Rates|
France and Belgium I Mondial Relay - Pickup Point
|3 to 4 days||Offerts|
|France I Chrono Relais Express - Pickup point||D+1 before 1pm||Offerts|
|France I Chronopost Express - home delivery||D+1 before 6pm||8€|
|France - Corse I Chronopost Express - home delivery||D+1 before 6pm||28€|
|Belgium I DHL Express - home delivery||24 to 48 hours||15€|
|Outre-Mer, Union Européenne I DHL Express - home delivery||48 to 72 hours||15€|
|Overseas, European Union, Maghreb I DHL Express - home delivery||
48 to 72 hours
|Switzerland and Norway I DHL Express - home delivery||
48 to 72 hours
|Africa excluding Maghreb, Canada, USA, Near and Middle East I DHL Express - home delivery||
48 to 72 hours
|Russia I Colissimo - home delivery||8 to 10 days||30€|
|Other destinations I DHL Express - home delivery||
48 to 72 hours
The products ordered will be delivered to the address indicated by the user anywhere in the world.
Orders placed before 12:00 are prepared and shipped the same day the order is placed. Orders placed after 12:00 noon will be shipped the next day.
Delivery times start from this date. Except in the case of special operations, they will be, within the limits of available stocks, from 24 to 72 hours for France, and about 3 working days for foreign countries, depending on the destination and the delivery method chosen.
Please note that the preparation times announced above may be longer during our sales, sales and/or promotions *Delivery times are given as an indication by our transport providers and may also vary according to the time of year.
All our deliveries are delivered against signature except in period of confinement or against indication of our providers. SOEUR does not deliver to post office boxes.
In case of absence, a notice of passage must be left in the recipient's mailbox. The customer has 15 days to collect it from the post office.
At any time, you can track your package on the Mondial Relay, Chronopost, La Poste and DHL websites.
In case of delay, SOEUR cannot be held responsible for any reason whatsoever. Therefore, no claim for compensation, of any kind, can be claimed by the user to SOEUR.
Note: For all deliveries outside the European Union, additional customs fees and taxes may be applied and are to be paid by the customer.
4. RATES, PAYMENT AND BILLING :
Prices are quoted in euros all taxes included. They take into account the French VAT applicable on the day of the order. These prices don't include the cost of processing (shipping and packaging). Any change of applicable rate can be repercuted in the prices of products.. After this date, they are subject to change at any time. However prices cannot be changed once the customer's order has been placed. Similarly, if one or more taxes or contributions were to be created or modified, upwards or downwards, this change could be reflected in the selling price of the items on the SOEUR website.
The prices listed on the website are guaranteed as long the product is online and within the limits of available stocks.
The final price charged to the customer is the price indicated on the order confirmation page.
Payments can be made by credit cards bearing the Visa, Eurocard, Mastercard or American Express mark. You can also pay via PayPal. The invoice of the product will be inserted in the parcel.
5. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE :
All items of the current collection and items that are not on sale may be subject of an exchange (depending on the stock) or may be refunded. Sale items or end of season items can be a subject of refund. The request for exchange by the user must take place within fourteen working days from the date of receipt or withdrawal of the package.
Return costs are to be paid by the user. Returns can be done directly by returning the products within the fourteen working days deadline by post in perfect condition with the invoice included to the following address:
Service retours Soeur
2 Allée de Belgique
62128 WANCOURT, FRANCE
The user is obligated to keep all proof and date of his return. If the user wishes an exchange, the new delivery charges will not be charged to the user.
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at Appendix 1 at the end of the T&C’s to : LOGTEX – Service Retours SOEUR – ZI Artoipole 2 Allée de Belgique – 62128 WANCOURT, France, or by mail at firstname.lastname@example.org.
The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Refunds will be made within 10 working days of receipt of the package.
For France and Belgium, you can also return your items to the shop free of charge (see more in the Returns & Exchanges section).
6. GUARANTEES and dispute:
All items are subject to a contractual warranty, which doesn't preclude to the legal guarantee provided by articles 1641 and following of the Civil Code. The user also benefits of a guarantee allowing him to return defective items delivered in accordance with Articles L 211-4 and following of the Consumer Code. The user is therefore invited to refer to his texts if he wishes have more precision on these legal warranties.
All disputes regarding a transaction concluded in application of these general terms and conditions of sale could be - concerning their validity, interpretation, execution, termination, consequences and which could not have been resolved between the seller and the customer - submitted to the competent courts under the conditions of common law.
In the event of a dispute, the Customer is informed that he can in any case resort to conventional mediation in order to find an amicable solution before taking any legal action, in particular with the Commission for consumer mediation (C.consom. Art. L 612- 1) or with an existing sectoral mediator, and whose references are listed on the website www.cm2c.net.
Complaints: Upon receipt of the Items, the Customer must immediately check the condition and conformity of the Items with the Order, including the quality and quantity of the Items and their specifications. If the Items are not consistent with the Order or are damaged, the Customer must submit reservations and complaints to the carrier or refuse delivery if the package is opened or damaged, and address his complaints by registered letter to Sessùn - 1 rue du Capitaine Dessemond - 13007 Marseille or by email to the address email@example.com within 15 (fifteen) days from the date of delivery. The Customer must then fully specify and justify the reasons for the complaint. No claims will be considered if the use of the items is deemed disproportionate. No spontaneous returns made without Sessùn's approval will be accepted, except where the right of withdrawal is being exercised.
Legal guarantee: The Items sold are also covered by the legal compliance guarantee provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the guarantee relating to defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of Article L. 217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are hereinafter reproduced in full.
Article L. 217-4 of the French Consumer Code
“The seller is required to deliver goods that are consistent with the contract and is liable for any non-conformity found at the time of delivery.
He/she shall also be liable for any non-conformity caused by the packaging, assembly or installation instructions when such responsibility is stated in the contract or when it has been carried out under his/her responsibility.”
Article L. 217-5 of the French Consumer Code
“The good is consistent with the contract:
1. If it is suitable for its intended use and, if applicable:
- if it corresponds to the description given by the seller and has the same qualities as those provided by the latter to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect based on the information publicly provided by the seller, the producer or his or her representative, such as in advertising or labelling;
2. Or if it presents the specifications defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which is known to the seller and which the latter has accepted."
Article L. 217-12 of the French Consumer Code
“Any claim for non-compliance must be filed within two years of delivery of the goods.”
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee for hidden defects in the product sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if he or she had been aware of them.”
Article 1648 paragraph 1 of the French Civil Code
“Any claim for inacceptable defects must be filed by the purchaser within two years of detection of the defect.”
Except as provided for in these GTCS, sold Articles cannot be returned or exchanged.
|When acting in accordance with the legal compliance guarantee, the consumer:
- is entitled to a period of 2 (two) years from the delivery of the product to make a claim;
- may choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the non-conformity of the goods during the 24 (twenty-four) months following delivery of the goods. The legal compliance guarantee applies independently of the commercial guarantee provided.
The consumer may decide to enforce the guarantee against hidden defects in the product sold within the meaning of Article 1641 of the French Civil Code. In this case, he or she may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
7. SIGNATURE AND PROOF :
In any case, the credit card number procured online and the order final confirmation shall constitute the evidence of said order in accordance with the provisions of the French Law of March 13th, 2000 and will cause the sum incurred for the order to become due and payable. This validation is worth signature and express acceptance of all the operations made on the site. However,in case of fraudulent use of his credit card, the customer is invited, as soon as the use is found to contact SOEUR by sending an email to firstname.lastname@example.org.
SOEUR has the obligation of result for all stages of the taken orders as well as for the stages after the conclusion of the contract.
Thus SOEUR undertakes to describe with the greatest accuracy the products sold on the website ( www.soeur.fr). On the other hand, the responsibility of SOEUR cannot be engaged in the case of the non-performance of its obligations, attributable either to the unpredictable and insurmountable fact of a third parties to the contract or to a case of major forces as defined by the French Jurisdiction. In the same way the responsibility of SOEUR cannot be committed for all the inconveniences or damages inherent to the use of the Internet network, in particular a break of service, an external intrusion or the presence of computer viruses.
All elements of the site soeur.fr, whether visual or sound, are protected by copyright, trademarks and/or patents.
The user who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the homepage of the site of SOEUR must obligatorily ask permission to SOEUR.
In any case, any link, even tacitly authorized, must be withdrawn on simple request of SOEUR.
In the event that any of the clauses of the present contract would be void by a change of legislation, regulation or by a court decision, this cannot in any way affect the validity and the respect of these general conditions of use.
These conditions apply throughout the duration of online services offered by SOEUR.
The archiving of purchase orders forms and invoices is made on a reliable and durable support server to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
These conditions are subject to French law. The competent court in case of dispute will be that of the defendant's place of residence or, at the choice of the plaintiff, the place of actual delivery of the product.
8. COOKIES :
A cookie is a small text file that is placed on your device (computer, tablet or mobile device) when you visit a website. The cookie allows a site to recognize you, to help you navigate from page to page on a website, provides secure connections and remembers your preferences during your next visits.
The User may at any time deactivate the cookies stored on his device. To do this, simply select the appropriate settings in the browser. However, the deactivation will prevent access to certain features of the Site to personalize the services offered by SOEUR.
Here is the procedure for managing cookies for the following browsers:
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Safari: https://support.apple.com/kb/PH19255?viewlocale=en_US
- Chrome: https://support.google.com/chrome/answer/95647?hl=EN&hlrm=en&hlrm=en
- Firefox: https://support.mozilla.org/en/kb/activate-deactivate-cookies
The different types of cookies used
The necessary cookies: these cookies allow you to browse the site and are essential for the proper functioning of the site. Disabling them will cause difficulties in the use of the site and will prevent access to certain features.
Functional cookies: these cookies allow us to memorize your preferences, your choices in order to personalize your experience on the site.
Performance cookies and statistics: These cookies collect information about how users use the site (number of visits, number of pages viewed, visitor activity) via Google Analytics and the Facebook analysis tools. These cookies also allow us to identify and solve operational problems and improve the site.
Advertising cookies: These cookies record information for us to send personalized advertisements tailored to your interests. They also help us to count the activity of our advertising space, to measure the audience, etc ...
9. Current offers terms and conditions
The company BRION SISTERS, whose head office is located at 6 Rue de l'Amiral de Coligny, 75001 Paris, is organising via the Soeur.fr website, a sale of photographs in favour of the Association SOS Villages d'Enfants.
The sale will start on Sunday 20 March.
Browsing the web sitehttps://www.soeur.fr implies acceptance of this new personal data protection policy.
Who is responsible for your personal data?
The data controller processing your personal data is the simplified joint stock company BRION SISTERS, whose trade name is “SOEUR”, listed in the Paris Trade and Companies Register under number 500 188 206 00113, and whose registered offices are located at 6 rue de l’Amiral de Coligny, 75001 Paris, France.
The servers for the https://www.soeur.fr website are located exclusively at OVH in the north of France. These servers contain our database, which is essential for the proper functioning of the website. Customer account information is also stored there.
For any requests or questions relating to your confidentiality and the processing of your personal data, youcan contact us at any time at the following email address email@example.com or by post at SOEUR's registered address: BRION SISTERS, 6 rue de l'Amiral de Coligny, 75001 Paris.
What information is collected and why?
SOEUR collects and uses personal data with the aim of providing the best possible service to web users,as well as to ensure the proper execution of orders placed. Some of the data wecollect may also be used by our trusted third-party providers, who may therefore be granted access to some of this data.
The personal data recorded by SOEUR is as follows:
Order : When you create a customer account on our website, our systems record the identification data necessary to place an order and dispatch your parcel: postal address, email, gender,telephone number, surname, and first name.
When your order is confirmed,our systems collect billing and payment data: means of payment, transaction history and bank transaction number.
Are passwords and card numbers secure?
Passwords are encrypted and thus remain secure. With regard to online payments,card numbers are also encrypted and we do not have access to them. Our banking service provider, Ingenico Group, ensures the confidentiality of banking information.
Newsletters : When you sign up for our newsletter, our systems collect your email address so that we can send you our newsletters regularly. You can unsubscribe at any time:
- By clicking on the “unsubscribe” link at the bottom of the newsletters
- From the “newsletters” tab in your SOEUR account at www.soeur.fr
This action will take effect immediately.
Advertisements : Like most e-commerce sites, we use your browsing data (means of connection, products viewed, etc.) to display advertisements when you visit other websites. This process does not involve using any personal data and neither the advertising agency nor third party sites displaying our advertisements have access to your personal contactdetails.
You can delete cookies from your web browser at anytime if you no longer wish to see our advertisements. Here’s how:
For more information about our cookies, please see section « 8. COOKIES ».
Autre : We may also collect data relating to a request made to the after-sales service department,correspondence with the customer, etc.
How is this data shared?
Some personal data collected on our website may be used by subcontractors, who are partners with whom we work on a daily basis, only in cases where their intervention is essential for the processing and smooth execution of orders (warehouse, logistics department,carriers, after-sales service, etc.). These partners may only act on the authority of SOEUR.
In addition, none of the data collected may be transferred to any country outside the European Union or to a country that does not have a level of protection deemed adequate by the European Commission. It may, on request, also be transferred to persons or authorities whose right of access to personal data is recognized by law,regulations or provisions issued by authorities authorized by law.
We do not sell, rent or give your data to any third-party company. All the data we collect remains with us.
How long do we retain personal data for?
We retain your personal data for an unlimited period. The retention period for personal data also depends on the purpose for which it is collected.
For instance, data that is collected when an order is placed is retained until all administrative formalities have been completed and is then archived. Data collected when registering for the newsletter, for example, will be kept until the subscription is cancelled.
What if I want to change or delete any of my personal data retained by you?
You have certain rights with regard to your personal data. Most data can be modified by you from your account on our website www.soeur.fr. If you cannot find what you are looking for, please email us at firstname.lastname@example.org.
APPENDIX 1 : TEMPLATE OF WITHDRAWAL FORM
(To be completed and sent, with the order number in case of the use of the withdrawal right.)
For the attention of : LOGTEX – Service Retours SOEUR – ZI Artoipole 2 Allée de Belgique – 62128 WANCOURT, France
Email : email@example.com
I hereby give notice that I withdraw from my contract of sale of the following products: (identification of the product(s) for which the right of withdrawal is being exercised)
Purchased on ……………..(date of the order) and/or received on ……………..Delivery date)
Customer name :
Customer address :
Customer signature (only in case of notification in hardcopy)
For any information, please contact the Customer Service by email at firstname.lastname@example.org.