TERMS AND CONDITIONS
FIELDS OF APPLICATION
The Site enables you to order a selection of VANESSA SPOSI brand products from SAVANA SAS online via the Internet for Delivery in France and abroad.
Any sale contracted electronically with our company on the www.vanessasposi.com website is subject to these general terms and conditions of sale. For any further information, the customer can contact the Customer Relations Department at this email address: email@example.com.
Any order on the VANESSA SPOSI Online Shop, and validation of the corresponding box, implies full and complete acceptance of these GTC by the customer making a purchase. These GTC can be saved and/or printed and are accessible from all pages of the VANESSA SPOSI Online Shop. They may be modified at any time and the applicable terms and conditions are those which the Customer accepts when placing an order and which are accessible from the order confirmation e-mail.
VANESSA SPOSI and SAVANA SAS reserve the right to adapt or modify these Terms and Conditions of Sale at any time.
1. OUR PRODUCTS
The Products offered for sale on the Vanessa Sposi Online Store are described and presented as precisely as possible (specifications, illustrations, size, composition, etc.). However, VANESSA SPOSI shall not be held liable for any omissions, inaccuracies or failures to update the information contained therein, whether caused by itself or by third-party suppliers.
The photos of the items on sale on the www.vanessasposi.com website have no contractual value and are likely to vary slightly from the items themselves.
2. OUR PRICES
The prices are expressed in euros all taxes included except participation in the shipping costs.
In the event of an order to a country other than metropolitan 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 obliged to check and inform its customers of any applicable customs duties and taxes. It is up to the member to check with the competent authorities in his country to find out about them.
All orders are payable in Euros.
VANESSA SPOSI reserves the right to modify its prices at any time on its website vanessasposi.com. Products are invoiced on the basis of the prices in force 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 an emancipated minor or have the legal majority and not be protected under the terms of article 488 of the Civil Code. VANESSA SPOSI reserves the right to refuse an order if the customer in question presents a payment default in his order history.
STEPS IN THE CONCLUSION OF THE SALE
1- Add items to your cart.
2- Fill out the order form.
3- Check the elements of your order, identify and correct any errors that may have been made when entering the order.
4- Validate the order, the total price and the all-inclusive price, by clicking on “Pay my order”, which implies acceptance of VANESSA SPOSI’s General Terms and Conditions of Sale.
5- Follow the instructions of our partner STRIPE’s electronic payment server to pay for your VANESSA SPOSI order. Your bank account will be debited with the all-inclusive price including the total price of the items shipped and delivery costs.
6- You will receive an electronic acknowledgement of receipt as confirmation of your order. The Customer formally accepts the use of electronic mail for the confirmation by VANESSA SPOSI of the content of the order.
7- You will receive your parcel at the delivery address you indicated when placing your order.
When completing the account opening form, communicating his personal data, his bank card number and the confidential data relating thereto and validating the order, the Customer undertakes to comply with these contractual terms and conditions pursuant to Article 1316-1 of the French Civil Code.
When the customer clicks on the “Validate” button after the order process, he declares that he fully and unreservedly accepts the latter as well as the entirety of the present 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 him on his Customer account and on his order to ensure its proper processing. VANESSA SPOSI cannot be held responsible for any delays or additional delivery costs. Any costs incurred by VANESSA SPOSI as a result of 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 the vigilance of VANESSA SPOSI, 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 Products.
VANESSA SPOSI is not liable in the event of stock shortages or unavailability of Products for orders not yet accepted by VANESSA SPOSI.
5 – SHIPPING AND DELIVERY
At the time of entering the order on the Site, the Customer must choose the method of Delivery and the place of Delivery.
The amount of the Delivery charges is calculated according to the destination and the chosen Delivery method.
Our articles are generally delivered by post via Colissimo.
The Colissimo Suivi service provides a 48h delivery time, excluding weekends and holidays and offers the possibility to recover the products ordered at your post office near the delivery address in case of absence when the postman is present. If you are absent on the day of delivery, the postman will give you a delivery notice in your letter box, which will allow you to collect your package at your post office within 15 days.
For international deliveries, the delivery time can be 3-10 working days. Delivery times may also vary in case of delivery difficulties. Working days do not include weekends and holidays. The sender reserves the right to use any other means of delivery within the time and cost limits.
The customer can follow the progress of the processing of his order by contacting VANESSA SPOSI’s customer service department by email: firstname.lastname@example.org who will inform them of the status of the processing 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.
LATE DELIVERY :
As with any shipment, there may be a delay in delivery or the package may go astray. In case of late delivery or lost package, we ask the customer to notify us by email at email@example.com. An investigation will be requested from the Post Office or other service provider who took care of the delivery, and may take up to 21 days from the date of the beginning of the investigation. If during this period, the package is found, it will be re-routed immediately to the customer’s home. If on the other hand, the product is not found at the end of the 21 days of investigation, the package is considered lost. In this case only, VANESSA SPOSI may return a replacement product at its own expense. If the product(s) ordered are no longer available, VANESSA SPOSI will reimburse your order.
VANESSA SPOSI declines all responsibility for any extension of delivery times due to the carrier, particularly in the event of loss of products, strikes or health measures.
DELIVERY PROBLEMS :
VANESSA SPOSI reminds the Customer that it is the Customer’s responsibility to inspect his package upon receipt in the presence of the delivery person and to immediately notify the carrier and VANESSA SPOSI of any anomaly noted (shock, damaged package, delivery date not in accordance with the normal delivery service times). In the event that such information has not been included on the delivery note presented to the Customer by the carrier, no claim relating to the condition of the package(s) can be accepted a posteriori by VANESSA SPOSI.
The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within 3 working days, not including public holidays, following delivery of the products, with a copy to be sent immediately to VANESSA SPOSI. Failure to make a claim within the said time limits shall extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the French Commercial Code.
To make a claim, contact us at the following address: firstname.lastname@example.org, indicating :
– Name of the recipient
– Tracking number of the parcel
– Description of the product
– 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/her correspond to his/her order. In the event that the items delivered do not comply in kind or in quality with the specifications indicated on the delivery note, the customer must inform VANESSA SPOSI’s Customer Relations Department by email: email@example.com and return the items to the address and under the conditions provided.
Cases of Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these General Terms and Conditions of Sale, VANESSA SPOSI shall inform the Customer thereof within fifteen (15) days of the occurrence of such event, by e-mail or by registered letter with acknowledgement of receipt. In addition to the cases usually considered by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, are expressly considered to be cases of force majeure or fortuitous events, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship. All the obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of VANESSA SPOSI or the Customer without compensation on either side. The Customer’s failure to pay cannot be justified by a case of force majeure.
6 – SECURE PAYMENT
The amount due by the customer is the amount indicated in the order confirmation.
In order to ensure the security of payments, the vanessasposi.com site uses the secure payment service of Stripe or paypal.
The payment will be made on the Internet on the site www.vanessasposi.com by credit card (Blue, Visa, Eurocard/Mastercard) or by the user’s paypal account.
In any event, VANESSA SPOSI reserves the right to refuse any order or delivery in the event of a dispute with the customer, total or partial non-payment of an order, or refused credit card payment. VANESSA SPOSI’s responsibility cannot be engaged in this respect.
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 credit card number and the final validation of the order will be proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and will be worth the sums incurred by the seizure of the items listed on the order form. This validation is worth signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of the customer’s credit card, the customer is invited, as soon as such use is observed, to contact VANESSA SPOSI’s customer service department. The computerized registers kept in the computer systems will be considered as proof of communications, orders and payments between the parties.
7 – RETURN & RETRACTATION POLICY
In accordance with the articles of the consumer code, the customer benefits from a cooling-off period of 14 days from delivery to return the article(s) ordered without having to pay penalties. Items must be returned in their original packaging, labelled, complete, new, unworn, unwashed.
NB: during the Christmas period, orders placed in December, the return deadline is extended to January 15th;
We offer you the possibility to fill in and send us your declaration of withdrawal by sending us an e-mail to firstname.lastname@example.org. You will then receive a confirmation of your cancellation by e-mail.
Once the goods have been received, checked and accepted by our services, the refund of the returned items at the invoiced price will be made by crediting the customer’s bank account corresponding to the bank card used for payment, at the latest within 14 days of receipt of the returned items.
Return address :
SAVANA – VANESSA SPOSI
190 Boulevard de Charonne
Items returned incomplete, damaged, deteriorated or stained by the customer will not be refunded.
Per order, the risks and costs of the 1st return are the responsibility of VANESSA SPOSI in Metropolitan France and via Colissimo only.
Customs charges may be applied and are at the customer’s expense for reception in non-EU countries and French overseas departments and territories.
In the event that the customer returns only part of the order, the outward delivery costs will remain at his expense.
The risks of return are always at the customer’s expense. The customer is therefore strongly encouraged to return the package by any means that provides proof of its sending and gives it a certain date (registered mail with acknowledgement of receipt, colissimo suivi, etc.).
We invite the customer to contact our service at email@example.com, in order to request his Colissimo return voucher.
The customer has 14 days from the day of delivery if he wishes to change the size of his product.
Before making the return, the customer must make sure of the availability of the size he wants to exchange. To do so, the customer must return his invoice, and/or original Delivery Note with the return form, present in the package at the time of delivery. If the product is in stock, then VANESSA SPOSI will return the new size, once the customer’s product return has been received and checked. If the product is no longer in stock, VANESSA SPOSI will offer the available models in the desired size. If the customer does not want another model, then he will be refunded.
To do so, the Customer must log into his account and then click on “My Orders”. He must then select the order concerned and follow the instructions.
Return address :
SAVANA – VANESSA SPOSI
190 Boulevard de Charonne
Items returned incomplete, damaged, deteriorated or stained by the customer will not be exchanged.
Per order, the risks and costs of the 1st exchange are the responsibility of VANESSA SPOSI in Metropolitan France and via Colissimo only.
We invite the customer to contact our service at firstname.lastname@example.org, in order to request his Colissimo return form.
For any other information or complaints, the customer should contact VANESSA SPOSI’s customer service department, quoting the reference number and date of order:
By email :
SAVANA – VANESSA SPOSI
190 Boulevard de Charonne
Return Policy Outside Metropolitan France.
Return and exchange costs are at the customer’s expense outside France. Outside the EEC, customs duties and taxes and formalities costs are at the customer’s expense.
8 – INTELLECTUAL PROPERTY
All elements of the VANESSA SPOSI site 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 Website may only be made with the prior written authorisation of VANESSA SPOSI, which authorisation may be revoked at any time.
All sites with a hypertext link to the Website are not under the control of VANESSA SPOSI and we therefore disclaim all responsibility (including editorial responsibility) for the access and content of these sites.
VANESSA SPOSI is free to modify the content of the Website at any time and without prior notice.
The “VANESSA SPOSI” trademark, all other trademarks and logos linked to VANESSA SPOSI, whether registered or not, displayed on the Website, 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 trademarks without the express prior consent of VANESSA SPOSI, for any reason whatsoever, is prohibited.
Any unauthorised use of the site or of 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 and following of the Intellectual Property Code.
9 – LIMITATION OF LIABILITY
The products offered are in conformity with the French legislation in force. 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 responsibility of the customer to check with the local authorities the possibilities of importing or using the products he intends to order.
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, SAVANA may not be held liable in the event of an error in one of its photographs or texts.
SAVANA may not be held liable for 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, government or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet.
SAVANA shall not be liable for any indirect damage as a result of the present, operating loss, loss of profit, damage or costs.
VANESSA SPOSI cannot be held liable:
– in the event of failure to meet contractual obligations due to a fortuitous event or a case of force majeure;
– in the event of insubstantial differences between the photos, texts and illustrations of the articles on our site and the articles ordered.
VANESSA SPOSI shall in no event be liable to you or to any third party for any indirect, incidental, special or consequential damages – including, without limitation, any loss of profit or other indirect loss – arising out of your use of or inability to use the Website. This limitation of liability applies to the fullest extent permitted by law.
10 – WARRANTIES
All our products are covered by the legal guarantee if the product has been worn under normal conditions of use and the care instructions have been followed.
Article L211-4 of the French Consumer Code: the seller is required to deliver a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code: To be in conformity with the contract, the goods must :
Be fit 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 seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 knowledge of the seller and accepted by the latter.
Article L211-9 of the French Consumer Code: In the event of a lack of conformity, the buyer chooses 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 manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L211-10 of the French Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive part of the price.
The same faculty is open to him:
If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month following the buyer’s complaint;
Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be rescinded 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 is free of charge for 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 time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the warranty on account of 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 only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory 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 French Consumer Code).
If necessary, SAVANA reserves the right to challenge the user’s civil and/or criminal liability, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
12- MISCELLANEOUS PROVISIONS
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
No tolerance, inaction or inertia on the part of VANESSA SPOSI may be interpreted as a renunciation of its rights under the General Terms and Conditions of Sale.
13 – PROTECTION OF PERSONAL DATA
We are committed to the protection of personal data. All information you provide us with is only used in the context of your business relationship with vanessasposi.com. Under no circumstances will it be disclosed to third parties or resold.
In any event, SAVANA and VANESSA SPOSI only collect personal information about the user for the purpose of providing certain services offered by the vanessasposi.com website. The user provides this information with full knowledge of the facts, in particular when he or she enters it himself or herself. The user of the vanessasposi.com website is then informed whether or not he is obliged to provide this information.
In accordance with the provisions of articles 38 and following of the law 78-17 of 6 January 1978 relating to data processing, files and liberties, any user has the right to access, rectify and oppose personal data concerning him, 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 reply should be sent.
No personal information of the user of the vanessasposi.com website will be published without the user’s knowledge, exchanged, transferred, ceded or sold in any medium whatsoever to third parties. Only in the event of the purchase of SAVANA or the VANESSA SPOSI brand and its rights would it be possible to transmit the said information to the potential purchaser who would in turn be bound by the same obligation to keep and modify the data with regard to the user of the vanessasposi.com website.