Legal Notices

Legal Notices

The merchant site vanessasposi.com is operated by the company SAVANA SAS :

Company name: SAVANA

Legal form: Simplified joint stock company

Share capital: €1,000.00

Head office: 83 RUE DE MEAUX, 75019 PARIS

RCS number: 849 042 742

VAT number: FR00849042742

Publication director: Vanessa Sposito

SITE

Artistic direction: Vanessa Sposito and Cyprien de Tréglodé

Host: OVH CLOUD

Development : Buildyourweb.fr

CREATION

Photographer: Maxime Tetard

Videographer: Gautier Billotte

Logo: Maxime Tetard

Graphics: Vanessa Sposito and Céline Bineteau

FIELDS OF APPLICATION

The Site allows you to order a selection of products from the brand SAVANA SAS VANESSA SPOSI online via the Internet for delivery in France and abroad.

Any sale contracted electronically with our company on the site www.vanessasposi.com is subject to these general terms and conditions of sale. For any additional information, the customer can contact the Customer Relations Department at this email address: info@vanessasposi.com

Any order on the VANESSA SPOSI Online Store, and validation of the corresponding box, constitutes full and complete acceptance of these General Terms and Conditions by the customer who makes a purchase there. These General Terms and Conditions can be saved and/or printed and are accessible from all pages of the VANESSA SPOSI Online Store. They can be modified at any time and the applicable conditions are those that the Customer accepts when placing an order, and which are accessible from the order confirmation email. VANESSA SPOSI and SAVANA SAS reserve the right to adapt or modify these General Terms and Conditions at any time.

1. OUR PRODUCTS

The Products offered for sale on the Vanessa Sposi Online Store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). However, VANESSA SPOSI cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are its own or those of third-party partners who provide it with this information.

Photos of items for sale on the site www.vanessasposi.com have no contractual value and are likely to vary slightly from the items themselves.

2. OUR PRICES

  • Prices are expressed in euros, all taxes included, excluding shipping costs.
  • In the event of an order to a country other than mainland France, the buyer may be subject to taxes.
  • Customs duties: Any order placed on the site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the customer. VANESSA SPOSI is not required to check and inform its customers of the applicable customs duties and taxes. To find out about them, it is up to the member to inquire with the competent authorities in their country.
  • All orders are payable in Euros.
  • VANESSA SPOSI reserves the right to modify its prices at any time on its website vanessasposi.com. The products are invoiced on the basis of the rates in effect at the time of order registration, subject to availability. The products remain the property of VANESSA SPOSI until full payment of the price.

3 – PLACING AN ORDER

VANESSA SPOSI customers must be emancipated minors or have reached the legal age of majority and not be protected within the meaning of Article 488 of the Civil Code. VANESSA SPOSI reserves the right to refuse an order if the customer in question has a payment default in their order history.

STEPS IN CONCLUSION OF THE SALE
1- Add the items to your cart.
2- Fill out the order form.
3- Check the elements of your order, identify and correct any errors made during entry.
4- Validate the order, the total price and the all-inclusive price, by clicking on “Pay my order”, which implies acceptance of the General Conditions of Sale of VANESSA SPOSI.
5- Follow the instructions of our partner STRIPE's payment server to pay for your VANESSA SPOSI order. Your bank account is debited with the all-inclusive price including the total price of the items shipped and the delivery costs.
6- You will receive an electronic acknowledgement of receipt confirming your order. The Customer formally accepts the use of electronic mail for confirmation by VANESSA SPOSI of the contents of the order.
7- You will receive your package at the delivery address you indicated when ordering.

When completing the account opening form, communicating personal data, bank card number and related confidential data and validating the order, the customer undertakes to comply with these contractual conditions in accordance with Article 1316-1 of the Civil Code.

When the customer clicks on the "Validate" button after the order process, he declares to fully and unreservedly accept the latter as well as all of these General Terms and Conditions of Sale. The data recorded by VANESSA SPOSI constitutes proof of all transactions between VANESSA SPOSI and its customers. The data recorded by the payment system constitutes proof of financial transactions.

The Customer is responsible for the accuracy and completeness of the information provided by himself on his Customer account and on his order to ensure its proper processing. VANESSA SPOSI cannot be held responsible for additional delivery delays or costs. Costs incurred by VANESSA SPOSI following errors in the information provided by the Customer will be borne by the Customer.

4 – AVAILABILITY OF OUR PRODUCTS

The Products are offered within the limits of available stocks. Information on the availability of the Products is provided at the time the order is placed, on the Product page. If it turns out that despite VANESSA SPOSI's vigilance, the Products ordered are no longer available, VANESSA SPOSI will inform the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product(s) will be made to the Customer's bank account in the event of the unavailability of one or more Product(s).

VANESSA SPOSI shall not be liable in the event of stock shortages or unavailability of Products for orders not yet accepted by VANESSA SPOSI.

5 – SHIPPING AND DELIVERY

FRANCE

Free standard shipping on all orders.

Free express delivery for all orders over €300.

For orders under €300, express delivery is €15.

Please allow 1-2 business days for express shipping and 2-3 business days for standard shipping.

Orders placed before 1pm will be shipped the same day. Orders placed on Friday after 1pm will be processed the following Monday.

Once your package has been shipped, you will receive a confirmation email with tracking information. No signature will be required upon delivery. Purchases made on weekends and holidays will be processed the next business day.

INTERNATIONAL

Standard worldwide shipping for a flat rate of €15 for delivery within 7-14 business days.

Free standard delivery for all orders over €300.

Free delivery by international express courier for all orders over €300.

For orders under €300, the international express mail service is €15 (€45 for the United States and Switzerland).

Please allow 1-3 business days for international express mail and 7-14 days for standard shipping.

On very rare occasions, international shipping to some countries may take 4-6 weeks. For this reason, VANESSA SPOSI is not responsible for delays caused by the customs clearance process of the destination country or by the transit time of the mail. We ask customers who need their order more urgently to select the Express option at the time of ordering to ensure faster delivery.

Once your package has been shipped, you will receive a confirmation email with tracking information. A signature will be required upon delivery. If your package is not signed for upon delivery, a note will be left at your address with instructions to arrange redelivery.

Orders placed before 1pm will be shipped the same day.

Please note that VANESSA SPOSI does not cover any taxes and customs duties.

If you would like more information about shipping, please email us at info@vanessasposi.com

When entering the order on the Site, the Customer must choose the Delivery method and the place of Delivery.

The amount of the Delivery costs is calculated according to the destination and the Delivery method chosen.

Our items are generally delivered by post via Colissimo.

The customer can follow the progress of the processing of his order by contacting VANESSA SPOSI customer service by email: info@vanessasposi.com who will inform them of the status of their order. If the order has been sent, VANESSA SPOSI will provide a parcel tracking number to the customer, who will then be able to follow its delivery by visiting the websites made available by Colissimo: http://www.coliposte.net

Delivery delay:

As with any shipment, there may be a delay in delivery or the package may go astray. In the event of a delay in delivery or a lost package, we ask the customer to notify us by email at info@vanessasposi.com. An investigation will be requested from the Post Office or other service provider that handled the delivery, and may last up to 21 days from the start date of the investigation. If the package is found during this period, it will be immediately re-routed to the customer's home. If, on the other hand, the product is not found after the 21-day investigation period, the package is considered lost. In this case only, VANESSA SPOSI may send a replacement product, at its own expense. If the product(s) ordered are no longer available, VANESSA SPOSI will refund your order.

VANESSA SPOSI declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, strikes or health measures.

Delivery issues:

VANESSA SPOSI reminds that it is the Customer's responsibility to inspect their package upon receipt in the presence of the delivery person if applicable and to immediately notify the carrier and VANESSA SPOSI of any anomaly noted (impact, damaged package, delivery date not in accordance with the normal delivery service deadlines). In the event that such information has not been included on the delivery slip presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted retrospectively by VANESSA SPOSI.

Said reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 working days, not including public holidays, following delivery of the products, a copy will be immediately sent to VANESSA SPOSI. Failure to make a complaint within said deadlines will extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the French Commercial Code.

To make a complaint, please contact us at the following address: info@vanessasposi.com, indicating:

• Recipient's name
• Parcel tracking number
• Product designation
• Photos of the damaged package with the postage clearly visible

• Photo of the inside of the package
• Photo of the damaged product

The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform in nature or quality to the specifications indicated in the delivery note, the customer must inform the VANESSA SPOSI Customer Relations Department by email: info@vanessasposi.com and return the items to the address and under the conditions provided.

Force Majeure Cases

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions of Sale, VANESSA SPOSI shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of VANESSA SPOSI or the Client without compensation from either party. Failure to pay by the Client cannot be justified by a case of force majeure.

6 – SECURE PAYMENT

The amount owed by the customer is the amount indicated during order confirmation.

In order to ensure payment security, the vanessasposi.com website uses the secure payment service of Stripe or PayPal.

Payment will be made online on the website www.vanessasposi.com by credit card (Bleue, Visa, Eurocard/Mastercard) or via the user's PayPal account.

In any event, VANESSA SPOSI reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, total or partial non-payment of an order, or a refused credit card payment. VANESSA SPOSI cannot be held liable in this regard under any circumstances.

When the order is validated, the payment request is routed in real time to the secure telepayment manager. The telepayment manager issues an electronic certificate.

The online provision of the bank card number and the final validation of the order will constitute proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will constitute the due date of the sums committed by the entry of the items appearing on the order form. This validation is equivalent to signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his bank card, the customer is invited, as soon as this use is noted, to contact VANESSA SPOSI customer service. The computerized records, stored in the computer systems will be considered as proof of communications, orders and payments between the parties.

7 – RETURN & WITHDRAWAL POLICY

  • RETURN & REFUND :

VANESSA SPOSI is dedicated to customer service and satisfaction. If you unfortunately have to return your purchase to us, please ensure that returns are made within 14 days following receipt of your goods.

Returned goods must be in their original condition, with all tags attached and in the original recycled plastic packaging in which they were delivered. Garments must not have been worn or washed. Garments that are soiled, marked, worn, damaged or washed will not be accepted.

Please follow our returns procedure below:

  • Please email us at returns@vanessasposi within 7 days of the delivery date indicating the items you wish to return to request your return voucher.
  • You will receive a response by email with an ARV (garment return authorization) number.
  • Complete the returns form that was included with your delivery – make sure you complete all sections of the form.
  • Please package the garments with the completed return form and send it by post (within 14 days of the original delivery date) to the following address:

SAVANA – VANESSA SPOSI
190 Boulevard de Charonne – Building A
75020 Paris

Returns are free in France only.

Once the goods have been received, checked and accepted by our services, the reimbursement of the returned items at the invoiced price will be made by credit to the customer's bank account corresponding to the bank card used for payment, at the latest within 14 days following receipt of the returned items.

The risks of return are always the responsibility of the customer. The customer is therefore strongly encouraged to return the package by any means that provides proof of its sending and gives it a specific date (registered mail with acknowledgment of receipt, tracked Colissimo, etc.).

  • Return policy outside Metropolitan France.

Return costs are at the customer's expense outside France. Outside the EEC, customs duties and taxes and administrative fees are the responsibility of the customer.

8 – INTELLECTUAL PROPERTY

All elements of the VANESSA SPOSI website such as products, visuals, films, including the underlying technology, are protected and any fraudulent use will be prosecuted. They are the exclusive property of VANESSA SPOSI.

The creation of hypertext links to the Site may only be done with the prior written authorization of VANESSA SPOSI, which authorization may be revoked at any time.

All sites with a hyperlink to the Site are not under the control of VANESSA SPOSI and we therefore decline all responsibility (in particular editorial) concerning access to and the content of these sites.

VANESSA SPOSI is free to modify, at any time and without notice, the content of the Site.

The brand “VANESSA SPOSI”, all other brands and logos related to VANESSA SPOSI, registered or not, displayed on the Site, as well as the domain name “vanessasposi.com” are and will remain the exclusive property of VANESSA SPOSI. Any reproduction, distribution, transmission, modification or use of these brands without the express prior consent of VANESSA SPOSI, for any reason whatsoever, is prohibited.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

9 – LIMITATION OF LIABILITY

The products offered comply with current French legislation. SAVANA cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered. It is the customer's responsibility to check with the local authorities the possibilities of importing or using the products they plan to order.

The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, SAVANA cannot be held liable in the event of an error in one of its photographs or texts.

SAVANA cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet.

SAVANA shall not incur any liability for any indirect damages arising from this, loss of business, loss of profit, damages or costs.

VANESSA SPOSI cannot be held liable:
– in the event of a breach of contractual obligations due to an act of God or force majeure;
– in the event of non-substantial differences between the photos, texts and illustrations of the articles on our site and the articles ordered.

VANESSA SPOSI shall not be liable to you or any third party for any indirect, incidental, special or consequential damages – including, but not limited to, any loss of profit or other indirect loss – resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.

10 – GUARANTEES

All our products benefit from the legal warranty regime, if the product has been worn under normal conditions of use, and the maintenance advice has been followed.

Article L211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists upon delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.

Article L211-5 of the Consumer Code: To comply with the contract, the good must:

  • Be suitable for the use usually expected of a similar good and, where applicable:
    • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
    • present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
  • Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L211-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

  • If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
  • Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use that he is seeking.

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

Article L211-11 of the Consumer Code: The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the Buyer.

These same provisions do not prevent the allocation of damages.

Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

11 – APPLICABLE LAW

These general terms and conditions of sale and the commercial relationship between the company SAVANA SAS, its brand VANESSA SPOSI and the customer are governed by French law. Any dispute relating to the commercial relationship between the company SAVANA SAS, the brand VANESSA SPOSI and the customer will be subject to the jurisdiction of the French courts.

The consumer has the right to resort to a consumer mediator in the event of a dispute (articles L221-11, L221-5 and L111-1 of the consumer code).

Where applicable, SAVANA reserves the right to bring civil and/or criminal proceedings against the user, particularly in the event of a message of a racist, offensive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).

12- MISCELLANEOUS PROVISIONS

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

No tolerance, inaction or inertia on the part of VANESSA SPOSI may be interpreted as a waiver of its rights under the General Conditions of Sale.

13 – PROTECTION OF PERSONAL DATA

We ensure the protection of personal data. All information you transmit to us is only used in the context of your business relationship with vanessasposi.com. It is under no circumstances disclosed to a third party or resold.

When using the vanessasposi.com website, the following may be collected: the URL of the links through which the user accessed the vanessasposi.com website, the user's access provider, the user's Internet Protocol (IP) address. (Click here to learn more about the management of personal information and our privacy policy).

In any event, SAVANA and VANESSA SPOSI only collect personal information about the user for the purposes of certain services offered by the vanessasposi.com website. The user provides this information with full knowledge of the facts, particularly when he or she enters it himself or herself. The user of the vanessasposi.com website is then informed whether or not he or she is required to provide this information.

In accordance with the provisions of Articles 38 et seq. of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, any user has the right to access, rectify and oppose personal data concerning them, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the response should be sent.

No personal information of the user of the site vanessasposi.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of SAVANA or the VANESSA SPOSI brand and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation to retain and modify data with respect to the user of the site vanessasposi.com. Transactions are entirely processed by PayPal or by the secure payment module of our partner STRIPE. The Site uses cookies (connection witnesses) of which the user is informed upon arriving on the website which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, continuing to browse the website being deemed acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require prior acceptance of cookies by the user.