Terms and conditions
These terms and conditions of sale and use of the website (hereinafter referred to as the “Conditions”) apply between:
The company SOCIETE STOULS is a SARL (limited-liability company) with capital of €100,000, registered with the Paris Registry of Trade and Commerce under number 512 569 773, Intra-Community VAT number FR50512569773, with head offices located at 34 rue du Mont Thabor 75001 Paris (hereinafter referred to as “We”, “Our” and “STOULS”),
Any individual of legal age acting for personal, private purposes, who chooses to browse the www.stouls.paris website (hereinafter referred to as the “Website”) and/or places an order with STOULS (hereinafter referred to as “You”, “Your” or the “User”).
Please read the Contract (as defined below) with care before using the Website and/or placing an order with STOULS. This Contract governs your rights and obligations. Browsing the Website and/or passing an order constitutes acknowledgment and irrevocable acceptance of your side of the Contract. Should you disagree with any of the following provisions, you are not authorised to use any or all of the Website, nor may you place an order.
Please print a copy of the Contract for your records.
1. General Provisions
1.1 USEFUL CONTACT DETAILS
If you wish to contact us, you may do so as follows:
• Phone number: +33 1 xxxxx from Monday to Friday from 10am to 7pm (French time). • Email: firstname.lastname@example.org • Publisher: Aurélia Stouls
1.2 CONTRACT SCOPE OF APPLICATION
Your use of the Website and/or any purchase made from STOULS are expressly and exclusively governed by (i) the Conditions, and (ii) all other terms and conditions that may be published or otherwise referenced on the Website (collectively referred to as the “Contract”). Please note that, unless otherwise specified or unless any express provision is made to the contrary, these Conditions prevail over any other terms and conditions mentioned in section (ii) below.
1.3 CHANGES TO THE CONTRACT
The Contract may be revised, updated or altered at any time, in part or in full, it being specified that when you place an order via the Website, the applicable Conditions are those in force on the Website on the date on which your order is placed.
1.4 CNIL DECLARATION OF COMPLIANCE
The declaration of compliance has been filed with the CNIL (French Data Protection Authority) under number 1637196v0.
2. Prices & Payment
2.1 SHIPPING COSTS
Our products’ prices are given in Euros and are inclusive of all taxes. Shipping within mainland France and abroad is free of charge.
2.2 INTERNATIONAL SHIPPING
For all orders to be shipped outside of France, you are considered the importer of the ordered product(s). Prices are calculated excluding taxes and are billed as such for any products shipped outside of the European Union. Customs fees, local taxes, import duties and State taxes may apply. We are neither liable nor responsible for these obligations and sums. They remain your exclusive responsibility, both in terms of any declarations you may need to make, and in terms of payments due to the competent authorities and/or bodies. We advise you to seek advice from the competent authorities in your country.
You will be sent an order invoice as soon as your order is dispatched. Invoices are available in your online client area. You may also request an invoice by calling or emailing STOULS’ customer service team.
2.4 PAYMENT CURRENCY
Orders are payable in Euros. Conversions to American dollars and British pound sterling are given on an indicative basis only.
2.5 CHANGES TO PRICES
STOULS reserves the right to change its prices at any time without notice, subject to Article 1.3 above. Products that have already been ordered will be invoiced at the rates in force at the time the order was placed.
2.6 ORDER PAYMENT
Payments for orders are made by bank card. The amount for your order will be debited from your account in under seven (7) days. The order processing date is the date on which the online payment is made.
2.7 PRICES DISPLAYED IN YOUR BASKET
Products added to your shopping basket will always reflect the most recent price that features on your item’s description page. This price may differ from the price that was displayed for the item when you initially added the item to your shopping basket. Adding an item to your basket is no guarantee that the price will remain the same as it was when you first added the item to your basket. It is also possible that the selected item’s price may be lower upon payment than when you initially added it to your basket.
2.8 POTENTIAL ERRORS
The information and particularly prices displayed on the website may not be accurate as a result of system errors or data input. Although we do everything in our power to ensure this isn’t the case, errors may sometimes occur. We will not fulfil orders in which an information or pricing error has occurred. If the displayed price is lower than the product’s real price, we will contact you by email to either cancel the order or to provide you with instructions on paying the difference. We apologise in advance for any inconvenience caused. Please don’t hesitate to get in touch with any questions on the subject.
2.9 NON-NEGOTIABLE PRICES
Prices for our products are non-negotiable.
3. Orders, products and delivery
3.1 CONDITIONS FOR PLACING AN ORDER
You confirm that:
• you are at least 18 years of age and have the legal capacity required to place and pay for your order, or are in possession of parental authorisation allowing you to place and pay for all orders, and are able to prove this is the case should we request proof; • you are a natural person acting with a view to fulfilling your personal needs (all orders placed must correspond to the standard, normal needs of a person acting in a non-business capacity).
3.2 PLACING ORDERS
3.2.1 HOW TO PLACE AN ORDER
You can place an order:
• directly via the website, or • by calling our customer service team on +33 1xxx from Monday to Friday from 10am to 7pm (French time), or • directly in store using your bank card.
3.2.2 SPECIAL PROVISIONS FOR PLACING ORDERS ONLINE
We will only fulfil your order if the following conditions are met.
Step 1: You must provide all requested information, including:
• Your name and surname, • Your contact details (phone number and email address), • Your precise billing address (for security purposes, we ask that your billing address match your bank cardholder address to ensure you are protected from any potential fraudulent use), • Your delivery address (PO boxes are not accepted), • Your payment method.
Step 2: to approve your order, you must: • Check the information you have provided is correct, and correct any potential errors, • Tick the box confirming that you have read and unreservedly accept the Contract, • Click ‘Approve’.
Step 3: once you have approved your order, you need to confirm it as an extra precaution. To do so: • Check your order details, including the total price, • Click ‘Confirm my order’.
3.2.3 ORDER DELIVERY
STOULS is only bound to fulfil your order once we have sent you an order confirmation, and once we have received full payment for your order. STOULS reserves the right to cancel or refuse any order placed by a User with just cause, and without any liability on its part, notably should there be any doubts or disputes surrounding an order previously placed by a User. STOULS also reserves the right to cancel an order should the ordered product or its raw materials be unavailable.
3.2.4 ORDER CHANGES
Changes made by us in the event of ordered product unavailability:
Our prices and product offers are valid while hide stocks remain available. Should some of your ordered products become unavailable, we undertake to replace them with products of higher or equivalent quality, with no changes to your order price. We will inform you as soon as we become aware of this unavailability, and we’ll inform you where applicable of the new delivery date, as well as giving you the option of cancelling your order at any time.
We also reserve the right to cancel all or part of an order should our suppliers fail to provide us with our products as a result of force majeure. We will update you as soon as we are made aware of this, and will proceed to refund you for the amount already paid for the cancelled order or order component. In any event, we will contact you as soon as possible to inform you of the different available options.
We will update you in writing to keep you informed of progress as your purchase is manufactured and your items sent.
For any questions concerning the information listed below, please contact our customer service team:
• Our company details (name, phone number, head office), delivery costs, payment, delivery and processing methods; • Cancellation rights and their conditions and processes; • Where to send any potential claims and complaints; • Warranties once your items have been delivered; • Your order’s scheduled dispatch and delivery dates.
3.3.2 DELIVERY ADDRESS
Products are delivered to the delivery address provided when placing your order. In the event of any doubt, we invite you to call us on +33 1 xxxxx.
3.3.3 DELIVERY TIMES
Unless extra manufacturing, processing, dispatching and/or freighting time is required (we will inform you of this upon receiving your order), ordered products are delivered within three (3) weeks from the date on which your order is placed (see Section 3.2.3 above). The recorded delivery date is the date on which a first delivery attempt is made to the delivery address provided. This three-week delivery window is not guaranteed during the holidays, in particular in August and over the Christmas period.
3.3.4 DELIVERY DELAYS
We invite you to regularly monitor your order’s progress via the website (under My Orders) or by calling our customer service team (Article 1.1 above).
We will inform you of any dispatch delays we are aware of.
If you order several items at once and only some of them are affected by delays, we may send your order in separate deliveries. If this is the case, we will inform you of the measures we intend to take before dispatching your items.
Should a package arrive damaged, you may refuse to take receipt of our order from the freighter and must inform us of your refusal.
3.3.5 CHECKING THE DELIVERED ITEMS UPON DELIVERY
You must check both the parcel and your products upon delivery. If you have any reservations whatsoever, or make any observations that justify returning the items, you must proceed by following the provisions in Article 4 below.
3.3.6 OWNERSHIP - RISKS
Product ownership and risk is transferred to you upon delivery. However, if:
(i) Your parcel is returned by the freighter due to a wrong address or due to you not taking receipt of the parcel in the given time-frame,
(ii) You fail to respond to our phone calls, voice messages and emails alerting you of the situation (particularly if the email addresses and phone numbers you provide us with are inaccurate), and if we were therefore unable to contact you over a three-month period from the date on which your order was dispatched,
STOULS retains full ownership of the products and may do with them as it sees fit. STOULS shall retain the payments made that resulted in the product being manufactured in the first place, and you accept that you have no recourse to recover the amounts paid or the unclaimed products.
3.4 PRODUCT MANUFACTURING
3.4.1 STOULS does everything in its power to ensure its online catalogue is as precise and accurate as possible. To ensure you are able to see product detailing, some of the products may appear larger or smaller than they really are. Because all computers are configured slightly differently, colours may also vary.
3.4.2 Our goal is to provide you with as much information as possible to ensure you are entirely familiar with the product before receiving it. As all our products are artisanal goods, some elements displayed on our product pages may differ slightly on the products you receive.
4. Returns and exchanges, cancellation right
(I) We give you the option of sending back ordered products you aren’t entirely satisfied with, either for a refund or exchange, up to seven (7) days following the delivery date (cf. 3.3.3).
To do so, please inform STOULS’ customer service team of your decision to do so in writing or by phone (see Article 1.1 above) before you send back the products, specifying the reasons why you are returning the product and adhering to returns process indicated below. Your request to return your order will enter into effect when STOULS confirms receipt of your return request in writing.
If you are returning items for a refund, the return shipping costs and insurance fees will be covered by STOULS. For this to apply, your parcel must be sent back using the slip provided by STOULS.
Upon receiving your return, we will check the item is in perfect condition before confirming receipt of the item. We will then issue a refund for the total value price of your products within thirty (30) days following the date on which your return was accepted, as indicated in Article 4.3 below.
4.2 CONDITIONS FOR ACCEPTING RETURNS
Returns that meet the conditions of the aforementioned Article 4.1 will be accepted by STOULS and will only be refunded or exchanged if:
(I) The returns process described by our consultants and on our website is complied with;
(II) The products are returned to us in brand-new condition and have not been worn or washed. Items that are returned incomplete, damaged, broken or dirtied will not be accepted. In particular, items that are stained, however slightly, are never accepted.
(III) Our specialists will confirm that the returned product is identical to the product initially sent, and is free from any damage, modifications or alterations of any kind;
(IV) Products must be sent back in their full original packaging (accessories, packaging, wax, instructions, etc.);
(V) Finally, products must always be sent back with their original labels still attached.
Products cannot be returned twice consecutively.
4.3 REFUND AND EXCHANGE METHODS
All refunds shall be made, however STOULS prefers, either by recrediting your bank card or by transferring the amount to the bank account of the customer who placed the order, residing at the billing address provided upon placing the order.
If you’d like to exchange an item, you’ll be refunded the original price. You’ll then be able to place a new order for your chosen item.
4.4 CANCELLATION RIGHT
In exemption to Article L121-21-8 below, for any order confirmed up until 31 December 2018 in accordance with the provisions stipulated in point 3, STOULS offers customers the right to return made-to-order products in line with the provisions given in point 4.
In accordance with Article L. 121-20 of the French Consumer Code, you have fourteen (14) working days from the date on which you take receipt of the products to exercise your right to cancel, with no justification needed and no penalties applied. We will then issue a refund for the total value price of your products within thirty (30) days following the date on which your right to cancel was exercised.
However, in accordance with the Consumer Code, this right to cancel does not apply to made-to-order products, which in the case of our website, refers to clothing.
This provision, which you expressly acknowledge by reading this contract, is made in accordance with Article L121-21-8 of the French Consumer Code, which stipulates that:
“the right to withdraw or cancel does not apply to the supply of goods made explicitly to the consumer’s specifications.”
5.1 WITH RESPECT TO THE PRODUCTS
5.1.1 LEGAL GUARANTEES
STOULS complies with the legislation currently in force applicable to product conformity and latent defects under the conditions outlined in Articles 1641 to 1649 of the French Civil Code:
“Article L. 211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and respond to conformity defects observed upon delivery. They must also respond to conformity defects that occur as a result of packaging or assembly and set-up instructions where the latter fall under its responsibility, or were produced under its responsibility, as outlined in the contract.”
“Article L. 211-5 of the Consumer Code: To be considered compliant with the contract, the goods must:
1° Be fit for the purpose generally expected of a similar product, and, where applicable:
- match the description provided by the seller and demonstrate the qualities claimed by the seller via a sample or model;
- feature the qualities that a buyer might understandably expect based on the public statements made by the seller, manufacturer or representative, in particular on advertising or labelling materials;
2° Or feature the characteristics outlined in an agreement signed by the parties or be fit for the buyer’s specific purpose, of which the seller was made aware and accepted.”
“Article L. 211-12 of the Consumer Code: Action resulting from defects in conformity lapses after two years from the date of delivery of the article.”
“Article 1641 of the Civil Code: The seller is liable for hidden defects in the sold item that render it unfit for its intended use, or that restrict the use in question, to the extent that the buyer would not have acquired it or would have only agreed to a lower price, had they been made aware of the defects in question.”
“Article 1648 of the Civil Code, first paragraph: Any action to be taken as a result of the latent defects must be brought by the buyer within two years from discovering the defect in question.”
5.2 WITH RESPECT TO THE WEBSITE
Without prejudice to the aforementioned safeguards listed in Article 5.1, STOULS does not guarantee the Website and/or its Content (as defined in Article 7 below). In particular, STOULS does not guarantee compliance of any of its Website’s components with any particular use. STOULS cannot guarantee that the Website’s features or any Content or any other element features on the Website, shall remain available, uninterrupted or error-free, nor that any defects or errors shall be immediately corrected, nor that the Website and its server shall remain free from any viruses or any other elements that may cause potential damage.
6.1 COMPLIANCE WITH LEGISLATION
The products on offer comply with the French legislation in force at the time the products are made available. STOULS cannot be held responsible in the event that the items do not comply with the legislation in force in the customer’s country. Customers are responsible for checking with local authorities with respect to legislation surrounding importing the products they intend to order, and complying with this legislation remains your full responsibility.
Furthermore, should you choose to access the Website from any country other than France, you confirm that you do so on your own initiative and at your own risk and peril. You are required to comply with any local legislation that may apply.
6.2 PRODUCT PHOTOS
Product photos are provided on an indicative basis exclusively. We invite you to refer to each item’s description for an accurate account of its specific characteristics. In the event of any doubt or should you require further details, please contact us (see Article 1.1 above).
6.3 LIMITATION OF LIABILITY
Except in the event of gross fault or liability due to defective products, STOULS’ full liability for all remediable damage under the terms of the Contract, which it may cause you under the terms of the Contract, is limited to compensation for the foreseeable, direct and material damage you may experience as a result of the company failing to comply with its obligations, with any compensation paid not exceeding the total amount of your most recent purchase, even in cases where STOULS informs you of the possibility of such damages.
Under the terms of this Contract, indirect damage that does not entitle you to compensation due by STOULS, even if foreseeable, includes any loss of profit, sales, data, databases or programmes, loss of savings and any extra costs as well as any damage to image and any third-party claims.
In particular, STOULS cannot be held responsible for any damages you experience as a result of (I) your own actions, omissions or errors; (II) cases of force majeure as defined under French law; (III) any third party unrelated to STOULS in fulfilling the Contract (such as problems caused by telecommunication means’ or services’ performance, traffic or connection issues or problems arising from your IT equipment); (IV) any other event that neither STOULS nor its suppliers could predict, despite STOULS or its suppliers taking all reasonable precautions.
Issues considered to be related to your own actions, omissions or errors include: any damage or loss you experience as a result of your IT equipment (hardware and/or software) being unsuitable or incompatible with all or some of the Website and/or failure to take all reasonable and necessary protective measures for all damageable programs, devices and communications. You are solely responsible for (I) checking or having a third party check that your IT equipment and/or telecommunications equipment is suitable and compatible with the Website prior to browsing and (II) setting up and implementing all reasonable and necessary protective measures for all damageable programs, devices and communications, notably by using anti-virus software.
6.4 LINKS TOWARDS OTHER WEBSITES
The Website and all pages controlled by STOULS (Instagram pages, etc.) may contain links that redirect to other websites. These other websites lie outside STOULS’ control and you hereby acknowledge that STOULS cannot be held responsible for the accuracy, compliance with copyright, legality, decency and any other aspect of these websites’ content. Choosing to include such a link does not imply STOULS’ approval, nor any link between the company and the links’ owners. STOULS cannot guarantee full satisfaction with any product or service of any kind that you might acquire on a third-party website visited by following a link to or from the Website, it being understood that other online selling platforms belong to external, independent sellers and are managed by the sellers in question. STOULS does not aim to promote other merchandise and does not take any measures to ensure that the information on these third-party websites is accurate or reliable. We strongly advise you to carry out all the research you consider necessary and appropriate before carrying out any electronic transactions of any kind with any of these third parties.
Without prejudice to the provisions given under Article L. 211-12 of the Consumer Code and Article 1648 of the Civil Code (reiterated in Article 5.1.2 above) and other legal directives to the contrary, you accept that any complaint or action triggered by or linked to using all or part of the Website or the Contract must be put in writing and legally implemented in practice within one (1) year following whichever of the two following dates occurs first, failing which penalties shall apply: the date on which the complaint is first made, or the date on which the cause for complaint first emerged.
7.1 LEGAL PROTECTION
The Website and all its elements (including the products), documents and other data (referred to as the “Content), whether visual or audio components, are protected by applicable French and international laws that apply, depending on each case, with respect to trademarks and service marks (whether registered or not as such), and to business names or other distinctive signs, copyright, related rights, sui generis rights, drawing and model rights, patents, manufacturing or business secrets and other rights in the same vein, belonging to or licensed to STOULS.
7.2 COPYRIGHT INFRINGEMENT
Your right to use the Website and all Content and other elements that feature on it is subject to your compliance with Contract and any applicable laws and regulations. Any use of the Website or its Content for purposes other than those provided for in the Contract may constitute an infringement of our rights or those belonging to our licensors:
(I) You may only access and display the Content and all other Website elements for non-commercial personal use;
(II) The Website and its Content cannot be copied, reproduced, modified, republished, downloaded, posted, adapted, shared, distributed or used in any way without STOULS’ prior written approval or with the applicable legal authorisation to do so (in this case, you must retain all copyright notices intact).
(III) You may not use metatags or any other hidden text containing our name, trademark(s) or those belonging to our affiliated companies without our specific prior written approval;
(IV) Any User who wishes, for personal use, to add a simple link redirecting to our Website’s home page from their own website, must seek our specific prior written approval to do so. Our authorisation does not in any way hold us liable for the Website or any other Content;
(V) All hypertext links that redirect to the Website via framing or in-line linking are strictly prohibited.
8. Comments, reviews, communication and other content
8.1 SUBMITTING CONTENT
Users may send us their reviews, comments and any other content, and can send us suggestions, ideas, questions or any other information provided it is not illegal, obscene, abusive, threatening or defamatory, provided it does not breach copyright laws and is not prejudicial to a third party, and provided it does not constitute or contain viruses, political activism, commercial advertising, mass or chain emails or any other form of spam. You must not use a fake email address, take on another person’s or company’s identity, or lie about your content’s origins. We reserve the right to remove or modify all content as we see fit.
8.2 REPRODUCTION RIGHTS
Unless otherwise stipulated by you, when you send us content, you grant us and our affiliated companies free and non-exclusive rights to reproduce, modify, adapt, publish, translate, distribute, sub-license and display this content around the world, on the Website and on all materials for the legal term of application that applies.
8.3 CONTENT RIGHTS
You confirm and guarantee that you are the owner or rights holder of the content shared with us. You agree to indemnify us in the event of action taken or complaints made against us by a third party if the action in question is caused by or based on the content you share with us.
9. Applicable law - Jurisdiction
9.1 APPLICABLE JURISDICTION
This Contract is governed by French law (except with respect to applicable regulations surrounding conflicts of law).
9.2 COMPETENT COURTS
In the event of a dispute between the parties, the Paris commercial court holds jurisdiction.
10. Personal data protection
The personal data collected on the Website is shared with STOULS with your consent and in conformity with the European regulation on personal data protection (GRPD). We have chosen to list Our standards and Your rights in a dedicated entry : GRPD.
13.1 SUBSTITUTION OF PROVISIONS
Should one of the Contract’s provisions be declared illegal, void or inapplicable for any reason, and if it cannot be fully substituted by a reasonable provision with a similar effect (an operation that the parties already concede to any court called upon to make, as far as the applicable law allows), this provision shall be considered to be removed from the Contract and shall not affect the validity and applicability of the other provisions as far as possible under the terms of the applicable law.
13.2 NON-WAIVER OF RIGHTS
Should STOULS choose not to exercise one of its rights under the terms of this Contract, this does not constitute a non-waiver of rights or an obstacle to exercising any other of its rights in the future.
13.3 TRANSFER OF RIGHTS AND OBLIGATIONS
We may transfer (by any means and in any form, in particular via mergers) our rights and obligations under the terms of this Contract without notifying you of the fact in advance: (i) to any affiliated entity either present or future, or (ii) to any legal person or entity that will directly or indirectly take over a significant proportion of our assets or capital or our voting rights or those of one of our affiliate entities. You may not transfer (by any means) the Contract without our prior written consent.
13.4 NOTIFICATION METHODS
We may inform you of notifications relating to the Contract either by publishing a notification on our Website, by email or by letter sent by registered or express post to your address as listed in our systems, as we see fit. You acknowledge and accept that any of the notification methods chosen by us are considered sufficiently informative.
13.5 DATA USE FOR EVIDENCE PURPOSES
STOULS may use, for evidence purposes needed for any act, fact or omission, programs, data, files, stored information, operations and any other elements (such as monitoring reports or others) in electronic or digital format established by, received or saved directly or indirectly by the company, except in the event of manifest error or misuse. You undertake not to contest the admissibility, validity or conclusive force of the aforementioned elements in electronic or digital format.
13.6 CHANGES TO CONDITIONS
In light of the potential changes the Website and regulations may undergo, STOULS reserves the right to modify the Conditions at any time. Where applicable, you will be made aware of any new conditions by online changes, which will solely apply to sales processed after the changes are made.
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