General Terms and Conditions of Sale
1 – Scope
Sunny September, a French société par actions simplifiée (simplified joint-stock company) with a share capital of €1,500, registered in the Paris Trade and Companies Register under number 881 191 621, and whose registered office is at 9 Rue du Quatre Septembre, 75002 Paris, operates the business to which these General Terms and Conditions of Sale apply under the trade name ‘Studio Kelimé’ (the ‘Company’, ‘Studio Kelimé’, ‘We’ or ‘Us’).
We design fabric items, clothing, ready-to-wear items and accessories, decorative items, fashion items, cosmetics and stationery, which We sell on the ‘studiokelime.com’ website (the ‘Website’).
These General Terms and Conditions of Sale (‘Terms and Conditions’) apply unconditionally and unreservedly to all purchases made on our Website by retail consumers and buyers (the ‘Customer’ or ‘You’).
2 – Information on items offered for sale
2.1 You are solely responsible for selecting and purchasing items.
The main characteristics of the items offered for sale, including their description, origin, specifications, illustrations, size and/or dimensions, are posted on our Website.
You must check these characteristics before placing an order.
We do not accept liability for the photographs and illustrations appearing on our Website, which are non-binding.
2.2 All contractual information (brief description, size and/or dimensions) is provided in English and French and will be confirmed at the latest when You place your order.
2.3 We deliver the items sold on our Website exclusively within mainland France and to any territory specifically listed on the Website.
You may e-mail us at firstname.lastname@example.org to request a quote for any order which You would like to be delivered to any geographic zone not listed on our Website.
3 – Order terms
3.1 To place an order on our Website, You must be of full age, have legal capacity and own a bankcard, as defined in Clause 7 below.
Offers concerning items sold on our Website are valid for the period for which they are visible on the Website and are subject to availability.
3.2 You must ensure that the information You provide to Us in connection with your order is exhaustive, accurate and up to date. Otherwise, We reserve the right to (i) cancel your order and payment outright or (ii) ask You to provide supporting documents that We can use to verify such information.
3.3 In accordance with Article L121-11 of the French Consumer Code, We have a discretionary right, for retail sales, to refuse or cancel any unusual order if We have reason to believe that You have ordered an unreasonable number of items.
We also reserve the right to reject any order (i) placed by You if a dispute is pending between You and Us in relation to the payment of a previous order or (ii) that does not comply with these Terms and Conditions.
4 – Placing an order on our Website
4.1 To place an order on our Website, You must strictly follow the procedures described below on various screens that indicate the phases You must follow to confirm your order.
4.2 Once You have selected your items and confirmed your order, You must pay for your order online. Authorisation to debit your bank account – issued by your bank – or PayPal account will then be displayed on screen.
You are advised to save and/or print this debit authorisation.
Once a debit transaction on your bank account has been authorised, your Basket will be sent directly to our order preparation department.
4.3 We will acknowledge receipt of your order by e-mail sent to the address You provided.
In accordance with Article 1126 of the French Civil Code, You formally accept that We will confirm orders by e-mail.
The sale will not be deemed final until it has been paid for in full, irrespective of the payment method used.
Otherwise, Studio Kelimé will retain ownership of the order items and may therefore claim, without notice, ownership of the said items, including if they have already been delivered to You.
5 – Delivery
- 5.1. Delivery period
The delivery period displayed on our Website when an order is placed is provided solely by way of a guide.
If your order items are not delivered within fifteen (15) days of the specified delivery date for any reason other than force majeure or a reason attributable to You, You may cancel the sale by sending us a request to this effect by e-mail (email@example.com) at the end of this period. If the sale is cancelled, the order will be deemed to have been cancelled as soon as We receive your cancellation request, unless We fulfil your order in the meantime.
You will be refunded the full amount You paid within fourteen (14) days of cancelling your order, without any compensation or deduction.
- 5.2. Transfer of ownership – Transfer of risk
You will own the items purchased on our Website once You have paid for your order in full, regardless of the date on which the items are delivered.
Regardless of the date on which You become the owner of your order items, the risk of damage and loss associated with your items will not pass until You physically take possession of the items.
- 5.3. Delivery charges
Unless We stipulate otherwise when an order is placed, You must pay a delivery charge, which varies depending on the characteristics of the order.
A delivery charge will be added to the price of your order items.
You will be asked to accept the delivery charge when confirming your order.
- 5.4. Acceptance
Once You have selected the items You wish to purchase and provided your address, You must choose a delivery method from those proposed on our Website. The delivery methods We propose depend on the country where orders are placed.
Packages will be delivered to the address You provided in your order (with or without a delivery note) or to a collection point, depending on the options proposed on our Website and the delivery method chosen by You.
Each home delivery is deemed to have been made as soon as the relevant item(s) is (are) placed at your disposal, as evidenced by the remittance of a delivery note signed by You or, in your absence, by the control system used by the carrier.
Each delivery to a collection point is deemed to have been made as soon as You sign the delivery note.
Without prejudice to the period within which You may exercise your right to withdraw, as defined in Clause 10 below, You must check your package upon receipt and report any reservations or claims which You deem to be justified to Us, or refuse any package that does not contain your order item(s) or that has been opened or damaged.
Any reservations or claims must be sent to Us by e-mail (firstname.lastname@example.org) within thirty (30) days of delivery of the relevant item(s), failing which they will not be considered.
For clothing and ready-to-wear items only, and notwithstanding your right to withdraw and any reservations or claims You may wish to raise or make, You may return one or more items to Us within the above period of 30 days, by following the procedure set out below.
- 5.5. Refunds and returns
- 5.5.1. General
Any items that are returned to Studio Kelimé must be in their original condition and be returned along with any and all accessories and documents delivered with them, as well as the label.
Items of clothing may be tried on briefly but must not have been washed or worn.
Returned items that have been personalised, altered, interchanged, damaged (other than by the carrier), worn or modified by You or that are incomplete will not be refunded or exchanged. They may however be sent back to You at your expense.
- 5.5.2. Refunds and returns other than if You exercise your right to withdraw
For items delivered within mainland France (excluding Corsica), We will send You a prepaid return form so that You can return your item(s) without delay. You will receive a cash refund (less the initial delivery charge) for the items You return within 30 days of Us receiving them.
You will receive a cash refund (less the initial delivery charge) within 30 days of Us receiving any items that were delivered outside mainland France. We will also send You a discount voucher for the initial delivery charge within the same period. Items must be returned by You and at your expense.
6 – Proof of orders
It is expressly agreed between the Company and You that e-mails and the automatic registration systems used by our Website will constitute proof of the orders placed by You, particularly the nature and date of your orders.
7 – Prices
7.1. The prices of items sold on our Website are stated in euros, both excluding VAT and including VAT, and excluding delivery charges.
We reserve the right to change our prices at any time, but items will be charged according to the prices applicable at the time of your order.
The prices of orders placed outside mainland France are stated in euros but may also be converted into a local currency solely by way of a guide, according to an exchange rate updated daily by Studio Kelimé according to changes in the international currency market.
7.2. The prices of orders dispatched within mainland France or to Corsica are automatically calculated inclusive of VAT on the relevant invoice.
7.3 The prices excluding VAT of orders dispatched to any other European Union Member State are subject to VAT at the rate applicable in France. Notwithstanding the foregoing, VAT may be added to the price excluding VAT in the country to which an order is delivered if the thresholds referred to in Article 34 of European Directive 2006/112/EC of 28 November 2006 are exceeded or (ii) if We opt to apply VAT in the country of delivery.
French VAT will not be applied to the price of an order dispatched outside the European Union. Martinique, Guadeloupe and Reunion are deemed export territories for VAT purposes.
You are solely liable for any customs duty, other local taxes, import duty or State levies that may apply.
8 – Payment terms
You may pay for your order in cash, by bankcard or by PayPal.
Cards issued by banks outside France must be international bankcards.
Our Website contains a list of the bankcards We accept, which is liable to change.
Accordingly, You agree to pay using a bankcard issued in your name.
If You wish to pay online on our Website, You will be directed to a secure server.
The transaction will then be performed by You in accordance with banking security standards.
By providing your bankcard number and/or PayPal account details, You hereby unconditionally agree for Us to complete the secure transaction.
Authorisation to debit your account will always be given for the cost of the item(s) purchased.
Your bankcard will then be debited once checks have been carried out to ensure that your order complies with these Terms and Conditions and that your order items are available when they are due to be dispatched by Us.
If, for whatever reason (stop payment order, refusal by the issuer, etc.), it is not possible to debit the amount You owe, your order will not be registered by Us and/or it will be cancelled.
9 – Intellectual property
The content of the Website is the property of the Company.
It is protected by French and international intellectual property law.
Any reproduction of some or all of this content is strictly prohibited and is liable to constitute infringement.
You agree in particular not to:
- reproduce, in whole or in part, download, modify or use items sold by the Company, any brands or, generally, any illustrations, images, drawings, designs or logotypes, registered or not, for any reason or in any medium whatsoever;
- create any combination or association with any other brand, symbol, logotype or, generally, any distinguishing sign intended to form a composite logo;
- create hypertext links to any of the pages or components of the Website; or
- use any component of the Website (articles, descriptions, prices, data, software, graphics, images, text, photographs, tools, etc.) to sell items or for any other directly or indirectly commercial purpose.
10 – Right to withdraw
10.1 For orders intended for mainland France or overseas, You have the right to withdraw, which You may exercise by sending Us a registered letter (with acknowledgement of receipt) containing the information referred to in Annex I within fourteen (14) days of delivery of the relevant items, without the need to give a reason for your decision.
10.2 If You exercise your right to withdraw within 14 days, We will refund You the price of the returned items and the initial delivery charge. You are however liable for the cost of returning items (delivery charge).
10.3 In any event, if items have not yet been dispatched, your order will simply be cancelled.
If certain items have been delivered to You, You must follow the returns process set out in Clause 10.2.
Similarly, returned items must comply with the provisions of Clause 5.5.1 above.
11 – Conformity – Warranty
11.1 In accordance with French law, the items sold on our Website are automatically covered by the following warranties in accordance with the provisions set out in Annex II:
- the statutory warranty of conformity for items that appear to be faulty, spoiled or damaged or that are not the items You ordered; and
- the statutory warranty against hidden material, design or manufacturing defects affecting the items delivered, which render the items unfit for purpose.
11.2 In order to assert your rights, You must notify Studio Kelimé by e-mail (email@example.com) or registered letter (with acknowledgement of receipt) of the items that do not conform or that are affected by hidden defects within the above period and return the non-conforming or faulty items as stated in Clause 5.5 above.
In order to assert your rights, You must return the non-conforming or faulty items in the condition in which You received them, together with any and all accessories.
11.3 On the condition that You comply with the provisions of Clause 11.2 above, We will refund, replace or repair the items under warranty that are deemed to be non-conforming or faulty items.
A refund for items deemed to be non-conforming or faulty items and that are not exchanged or repaired by Us will be issued as soon as possible and within thirty (30) days of Us recording the non-conformity or hidden defect.
12 – Data protection
12.1. In accordance with French Data Protection Act No 78-17 of 6 January 1978, as amended by Act No 2018-493 of 20 June 2018, the personal data We ask You to provide is needed to process your order and prepare invoices.
These data may be forwarded to our partners who are responsible for the fulfilment, processing, transportation, management and payment of orders.
Information that is provided via our Website is processed in accordance with statutory data protection requirements, and the information system We use provides optimal protection for such data.
In accordance with the national and European regulations in force, You have a permanent right of access, right of amendment, right to rectification, right to object, right to data portability and right to restriction of processing in relation to your personal details.
In order to exercise any of these rights, simply send Us a request by e-mail to firstname.lastname@example.org.
12.2. You must consent to receiving advertisements and newsletters by e-mail: otherwise, a lack of consent will be deemed an objection.
You also have the right to object to the use of your personal data for canvassing purposes.
13 – Force majeure
Our fulfilment of some or all of our obligations will be suspended in the event of unforeseen circumstances or force majeure within the meaning of Article 1218 of the French Civil Code that prevent(s) or delay(s) such fulfilment. We will inform You within seven (7) days of occurrence of any such unforeseeable circumstances or force majeure.
If our obligations are suspended for more than fifteen (15) days, You may terminate the order in progress, in which case We will issue a refund to You as soon as possible by crediting your bank account.
14 – Non-waiver
No forbearance by Us in requiring at any given time the performance of any provision of these Terms and Conditions should be construed as a waiver of the right to rely on such total or partial non-performance in the future.
15 – Validity of Terms and Conditions
Should any provision of these Terms and Conditions be found to be null and void, in whole or in part, the other provisions and the other rights and obligations arising hereunder shall remain unchanged and shall continue to apply.
16 – Governing law
These Terms and Conditions and the transactions arising hereunder are governed by and subject to French law.
These Terms and Conditions were originally drafted in French.
If they are translated on our Website into one or more foreign languages and unless the legislation in force in the country of delivery stipulates otherwise, only the French text will be authoritative in the event of a dispute.
17 – Disputes
Any dispute that arises out of or in connection with the validity, interpretation, fulfilment or termination of the purchases and sales entered into in accordance with these Terms and Conditions or any consequential and subsequent matters that cannot be resolved between Studio Kelimé and You will be referred to the appropriate courts in accordance with French ordinary law.
You are hereby informed that You may refer any dispute to mediation, by contacting the Commission de la médiation de la consommation (Consumer Affairs Mediation Committee) (Article L612-1 of the French Consumer Code) or an industry mediation body whose details appear on our Website, or to any alternative dispute resolution method (conciliation for example).
18 – Pre-contractual information – Customer’s acceptance
By placing an order on our Website, individual and legal entity customers are unconditionally accepting and agreeing to comply with these Terms and Conditions and assuming an obligation to pay for their order items. You expressly acknowledge the foregoing and agree not to rely on any conflicting document, which may not be enforced against Studio Kelimé.
These Terms and Conditions may be amended in the future. The version applicable to You is the version appearing on our Website on the date of your order.
ANNEX I – WITHDRAWAL FORM
This form must be completed and sent to Us only if You wish to withdraw your order placed on the www.studiokelime.com website, subject to any exclusions or restrictions that apply in relation to your right to withdraw in accordance with our Terms and Conditions.
For the attention of Sunny September, 9 Rue du Quatre Septembre, 75002 Paris,
- Order date:…………………….
- Order number: …………………………………………………..
- Customer’s name: …………………………………………………………………
- Customer’s address: ……………………………………………………………..
ANNEX II – PROVISIONS APPLICABLE TO STATUTORY WARRANTIES
Article L217-4 of the French Consumer Code
The seller has an obligation to deliver a product that complies with the contract and shall be liable for any non-conformities existing on delivery. The seller shall also be liable for any non-conformities resulting from the packaging, assembly instructions or installation instructions which it is contractually required to provide or has provided under its responsibility.
Article L217-5 of the French Consumer Code
A product shall comply with the contract:
1° If it is fit for the purpose usually expected of a similar product and, where applicable:
– if it corresponds to the description provided by the seller and has the features presented by the seller to the buyer in the form of a sample or model;
– if it has the features which a buyer can reasonably expect in view of the information publicly broadcast by the seller, the producer or its representative, particularly in an advertisement or on a label;
2° Or if it has the features jointly defined by the parties or is fit for any specific purpose for which the buyer wishes to use it, of which the seller is notified and which the latter accepts.
Article L217-12 of the French Consumer Code
Legal action on the grounds of a non-conformity must be brought within two years of delivery of the product, failing which it will be out of time.
Article L217-16 of the French Consumer Code
If the buyer asks the seller, during the period of the seller’s warranty provided when a product is purchased or repaired, to repair a product under warranty, any period of seven days or more during which the product is unavailable shall be added to the remaining warranty period. This period shall start on the date of the buyer’s request or on the date on which the product is made available for repair if this falls after the date of the buyer’s request.
Article 1641 of the French Civil Code
The seller is required to provide a warranty for hidden defects affecting a sale item that render the item unfit for purpose or that diminish use of the item to such an extent that the buyer would not have purchased the item or would have paid less for it had he been aware of the defects.
Article 1648, paragraph 1, of the French Civil Code
Legal action on the grounds of a critical defect must be brought by the buyer within two years of discovery of the defect, failing which it will be out of time.