SAINT-TROPEZ EYEWEAR
These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website https://www.saint- tropez-eyewear.com/ (hereinafter the “SITE”) with STZ EYEWEAR, SAS registered in the Fréjus trade and companies register under number 953 693538, with its head office, 19 Chemin des Tamaris, 83990 Saint- Tropez, France, (hereinafter the “SELLER”).
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Our advisors are at your disposal from Monday to Saturday 10 a.m. to 6 p.m., via contact@saint-tropez-eyewear.com
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
“CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
“DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
“PRODUCTS”: refers to all the products available on the SITE.
“TERRITORY”: designates Metropolitan FRANCE (excluding DOM/TOM).
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy. The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order for PRODUCTS. By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives. The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, via our contact form, in order to obtain information on the status of their order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions). The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register. Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to their attention summarizing the price, applicable taxes and, where applicable, shipping costs. delivery. The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order. The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER). The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The CUSTOMER must then specify the chosen payment method. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 5.3. Date of the order
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport). Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER's request:
Either offer to ship all PRODUCTS at the same time as soon as out of stock PRODUCTS are available again,
Either proceed with a partial shipment of the PRODUCTS available initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hyperlink.
The CUSTOMER can pay for their PRODUCTS online on the SITE using the means proposed by the SELLER. The CUSTOMER guarantees to the SELLER that he has all the authorizations required to use the chosen payment method. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE. It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE. In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Late or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request. In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of property, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link. Due to the current situation, preparation and shipping times for your order may be extended. We do our best to deliver each order as quickly as possible. For information: Shipments to the United Kingdom have been temporarily suspended since January 2021.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 'Withdrawal Policy.
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L.211-5 of the Consumer Code: To comply with the contract, the good must: 1° 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 having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by 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.
The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public declarations made by the SELLER, including in advertisements and on labeling.
In this context, the SELLER is likely to be liable for existing defects in conformity upon delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility or was carried out under his responsibility.
Action resulting from lack of conformity is prescribed two (2) years from delivery of the PRODUCT. (Article L.211-12 of the Consumer Code) In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 19 rue Pierret, 92200 Neuilly-sur-Seine.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the good. It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it, or would not have given it away. than a lesser price, if he had known them. (Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair would be impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 19 RUE PIERRET 92 200, NEUILLY-SUR-SEINE. The action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article 13. Liability
The SELLER's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order. The SELLER cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals. It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters, newsletters, offers. promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CUSTOMER's data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to the address: contact@saint-tropez-eyewear.com or by sending a letter to SAINT-TROPEZ EYEWEAR - 19 CHEMIN DES TAMARIS 83 990, SAINT-TROPEZ. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
The SELLER provides the CUSTOMER with a contact form.
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request authorization from the SELLER in writing. This authorization from the SELLER will under no circumstances be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions. All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, only the French courts will have jurisdiction. However, prior to any recourse to an arbitration or state judge, negotiation will be favored in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below. Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the court for summary proceedings or to request the issuance of an order upon request. A possible action before the summary jurisdiction or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable arrangement clause, unless expressly wished otherwise.
The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: 19 rue Pierret 92 200 Neuilly-sur-Seine, or via our contact form. He can also use the form below:
To the attention of [*] (*SELLER’S CONTACT INFORMATION)
SELLER's phone number*:
SELLER's fax number*:
SELLER's email address*:
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
Invoice number:
Purchase order number:
- Ordered on [_______________] / received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, the beneficiary of the order:
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by email)
- Date
For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from from the day the SELLER is informed of the CUSTOMER's desire to withdraw. The SELLER will make the reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement will not incur any costs. to the customer. The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these events. Return conditions The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to 19 rue Pierret, 92 200 Neuilly -on the Seine. This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
Return fees
The CUSTOMER must bear the direct costs of returning the goods. Condition of the returned item The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered. The CUSTOMER's liability is only incurred with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he carries out manipulations other than those which are necessary. Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made according to the CUSTOMER's specifications or clearly personalized
Supply of goods likely to deteriorate or expire quickly
Supply of sealed audio or video recordings or software that has been unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides for a specific date or period of execution Supply goods which by their nature are inseparably mixed with other articles
Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
Supply of alcoholic beverages whose price was agreed at the time of conclusion of the sales contract, delivery of which can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of the SELLER
Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal from contracts concluded during a public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the order process.
delivery time
The deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines exclude weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the order process, the SELLER indicates to the CUSTOMER the possible shipping times and options for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
DELIVERY Terms
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.
In the event of absence, a delivery notice will be left with the CUSTOMER, to allow him to collect his parcel from his post office.
DELIVERY Issues
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method used by the CUSTOMER to purchase products.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.