Terms of Sale
1. OBJECT
The retail website www.statice.fr (below "the Site") is an e-commerce site accessible by the Internet network, open to every user of this network.
It is exploited by the company STATICE (below "STATICE"), INC.S. With a capital share of 3.000 euros, whose head office is 20, street de Mogador, 75009 Paris registered on the Register of companies of Paris under the number 821 567 526, number of the intracommunity VAT FR 05 821567526, represented by his President, Madam Alix LAFAYE.
The Site allows STATICE to propose its products (below "Products") on sale in France and abroad. The Site is meant for sales to private individuals and is forbidden for sales between professionals.
The present general terms and conditions of sale aim at defining the rights and duties of STATICE to every consumer and natural person visiting or making a purchase via the aforementioned Site (below "the Customer").
Any use of the Site involves the full and whole agreement of the Customer to the present general terms and conditions of sale. The acceptance of the general terms and conditions sale is made by checking the box "I read general terms of sale and I adhere to it without reserve" during the confirmation of order. This acceptance is inevitably full and whole, any subject to acceptance is considered null and void.
The present general terms and conditions of sale can be modified at any time and without prior notice by STATICE, the applicable conditions were the ones current in the order date by the Customer.
If any of the present conditions is declared worthless or not opposable by a competent jurisdiction, there will be declared not written and will not pull the nullity of the other conditions.
The present terms and conditions of sale are accessible in a permanent way to the following address: https://www.statice-paris.com/fr/content/3-conditions-generales-de-vente in an IT format allowing their impression and/or their download, in a way that the Customer can proceed to their reproduction or to their protection.
In case of translation of the Site and the CGV, the French language prevails for interpretation.
The present terms and conditions of sale is subjected to the French law as regards thorough rules as for rules of form. Any dispute will have to be the object of a preliminary attempt of friendly settlement. In the absence of a friendly settlement, competence is attributed to the competent French courts, in spite of defendants' plurality or call in guarantee.
For any further information, the customers can contact the Customer service at the address bonjour@statice.fr.
2. PRODUCTS AND COMPLIANCE
The Products offered for sale are presented on the Site and accompanied by a description presenting the main features.
The Products proposed by STATICE comply with the standards applicable in France.
The Customer acknowledges that the elements, such as images, photographs, texts, graphics and colours of the items offered for sale, are not contractual and may not match the actual colours under the effect of the Internet browser of the screen used.
Products for sale on the Site are available within the limits of available stocks. STATICE informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite the vigilance of STATICE, one or more Products ordered are unavailable, STATICE will inform the Customer by email as soon as possible.
The Customer may then cancel its order for the Product(s) concerned and obtain a refund, if applicable, of the sums already paid, by crediting to the bank account corresponding to the bank card used for payment within 30 days.
In no case may the permanent or temporary unavailability entail the liability of STATICE, nor can it entitle it to any compensation or damages in favour of the Client.
3. PRICES
The prices displayed on the Site are indicated by Product and reference and in euros all French taxes included (French VAT and other taxes possibly applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the order processing costs and packing costs will be indicated in the Customer’s shopping basket, before the final validation of the order.
It is specified that the customs duties and any taxes charged on delivery in certain countries in which the Products are likely to be delivered, are not included in the prices and are not borne by STATICE.
Prices may be changed at any time without prior notice, particularly in the event of a change in tax or economic data. Any change in the legal rate of the applicable VAT shall be automatically reflected in the prices of the Products as soon as it comes into force. The Products will be invoiced on the basis of the rates in force at the time of registration of the order.
4. REGISTRATION
The Customer declares to be old of at least 18 years and to have the legal capacity or to be a holder of a parental consent allowing him to make an order on the Site.
During any order, it is asked to the Customer to create an account allowing him to consult its pre-seized data and to benefit from special offers. The Customer has to complete a form with the elements of information real and necessary for the realisation of the service object of the present conditions, such as it is asked him online and according to his situation, in particular his name, first name, address, telephone number and valid e-mail.
The Customer also has to choose a password which will be asked him every time he will wish to reach his account. The personal information of the Customer is therefore protected by a password so that the Customer, and only he, has access there. The STATICE company recommends to the Customer to not reveal the information to anyone. The Customer besides has to disconnect from his profile and close the window of his sailor at the end of every session on his personal account. The Customer will therefore avoid that users do not reach his personal information. The Customer is solely responsible for the confidentiality of his password. The Customer will support alone the consequences of any fraudulent use of his password.
The Customer is responsible for consequences resulting from false or inaccurate passed on information or the resumption of which would be illicit.
The Customer can modify his data in the section "my account" and is obliged to update this information as soon as needed.
According to the law of January 6th, 1978, the Customer has an access right in the name specific data concerning him that he can practices in writing to the Customer service at the address bonjour@statice.fr and it is true without prejudice of the right which he inclines besides to oppose for just motive the treatment of these data.
5. ORDER
STATICE reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
The closing stages are as follows:
1- The Customer writes to www.statice.fr.
2- The Customer adds the Products to its basket.
3- The Client completes the account creation form.
4- The Customer verifies the elements of its order, identifies and corrects any errors committed during the entry by issuing an order summary.
5- The Customer expressly verifies and accepts the General Terms and Conditions for Sale of STATICE on the Website www.statice.fr.
6- The Customer validates the order, the total price excluding taxes, the all-charges inclusive price and the price including associated charges such as shipping costs, by clicking on «Buy».
7- The Customer receives an electronic acknowledgement of receipt of the elements of its order. The order will then only be confirmed after acceptance of the payment by the Customer’s bank and receipt of the order amount by STATICE.
8- The Customer receives a confirmation of his order by email once the payment has been received by STATICE and at the email address communicated at the time of the order.
9- The Customer receives his package at the delivery address that he indicated when ordering.
Any order will only be validated after acceptance of the payment as mentioned in point 7 above. The Customer agrees that the invoice shall be considered as proof of the contractual relations between the parties. The Customer will be able to print the invoice sent with the order confirmation.
6. PAYMENT
Products remain the property of STATICE up to the complete payment of the price by the Customer.
The completeness of the payment must be realized during the order. At no time the paid sums cannot be considered as deposit or down payments. No sending in cash on delivery will be accepted, whatever is the reason.
The Customer settles his order by bank card (Visa, MasterCard, American Express), via the implemented secure platform by Stripe ( www.stripe.com ), via Paypal or by bank transfer according to provisions of this article.
The www.statice.fr Site is the object of a system of reassurance to protect most effectively possible all the critical data connected to means of payment used on the Site.
The credit card payment is completely secured on our site thanks to the system of online payment of our partner Stripe, solution of payment certified PCI / DSS of level 1 (the highest level of security to pay online). The credit cards data seized on our site are coded and never circulate clearly on the Internet. Furthermore, they are treated only by Stripe and are never in our ownership.
For more information concerning payments via Paypal, please consult the www.paypal.com site.
According to provisions of the article L 132-2 of the monetary and financial code the commitment to pay given by means of a payment card is irrevocable. Any order made on the Site implies the guarantee on behalf of the Customer that he possesses all the necessary authorizations to use means of payment as well as payment conditions given on the Site.
For any transaction, the Customer will indicate the number representing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card ( last three numbers).
The communication by the Customer of its credit card number is worth authorization for STATICE to charge its account to the relevant amount of its order.
For credit card payments (Visa, MasterCard, American Express), all the information which the Customers communicate with STATICE are strictly protected and guarantee the conformity and the reassurance of every transaction.
STATICE reserves the right to suspend or to cancel any order that has any difficulties in the receipt of the payment.
The Customer can choose to register his address and phone number with the aim of facilitating his future purchases. This information will be kept by STATICE in a secure way and will not be revealed.
7. DELIVERY
STATICE delivers its Products in France and internationally. The Products are shipped with the delivery order, to the delivery address indicated by the Customer when ordering. The delivery times indicated on the Site are indicative deadlines, corresponding to the average processing and delivery times.
In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as street, building, staircase, access codes, names and/or intercom numbers, etc.). In the event of an error(s) in the description of the Customer’s contact details, STATICE cannot be held responsible for the impossibility of delivering the product(s) ordered.
When entering its order, the Customer must choose a delivery method offered on the Site:
- Follow-up letter, Colissimo or Chronopost for delivery to France and Corsica;
- Follow-up letter or Chronopost for delivery to Monaco;
- Colissimo for delivery to the French overseas territories;
- Colissimo or DHL for delivery abroad.
The shipping costs are calculated according to the delivery address indicated by the Customer and vary according to the geographical area.
Shipping is offered from 150€ for France and Monaco, from 250€ for the European Union, from 300€ for the rest of Europe and the Overseas, and from 350€ for the rest of the world.
For non-European Union residents, customs charges may apply and are borne by the Customer.
When a package leaves the warehouse of the company STATICE to be delivered at the address indicated by the Customer during its order, the latter receives by electronic way on behalf of the Site a confirmation of shipping on which is indicated the number of follow-up of its package.
The Customer can follow the state of progress of the processing of his order in his personal secured space " My account " accessible on the Site or by going provided with his number of follow-up of package, on websites given by La poste, Colissimo, Chronopost and DHL:
http://www.laposte.fr/particulier/outils/suivr e-vos-envois for the delivery in Followed Letter, Colissimo or Chronopost; and
http: //www.dhl.fr/fr/dhl_express/suivi_expedit ion.html for the delivery DHL.
In case of absence during a delivery Colissimo at the address indicated by the Customer, a calling card is normally deposited by post: the Customer can then take away his package with the post office indicated on the calling card, provided with an ID card in 15 days according to the date of the deposit of this notice. After this deadline, the package will be sent back to the company STATICE. The Customer service will then get in touch with the Customer for a possible re-shipping expenses of which are chargeable to the Customer, or without answer of the Customer, for a refund order.
In case of absence during a delivery Chronopost at the address indicated by the Customer, a calling card is normally deposited by post: the Customer can then reschedule the delivery of his package, at another date, in a point of closeness or at a neighbour.
In case of absence during a delivery DHL at the address indicated by the Customer, a calling card is normally deposited: the Customer can then reschedule the delivery of his package, at another date, in a point of closeness or at a neighbour.
Each delivery is deemed to have been made as soon as the product is made available to the Customer by our carriers, realised by the follow-up of delivery proposed on the web sites of our carriers evoked above.
If 7 business days after shipping the package, the Customer has no news of its order, it must check the delivery tracking system offered on the websites of our carriers mentioned above. If the latter inform them that they have no trace of this package, the Customer must then contact the company STATICE through the Customer Service which will then open an investigation with the competent departments. The final response times of our carriers vary from one to three weeks from the time the file is taken into account by the services of the company STATICE.
The Customer may, at this stage, cancel its order with the Customer Service because of the delay suffered and request the refund of its order. The package, if found, will be sent to STATICE. When the Customer wishes, on the contrary, to continue its order and receive its Product despite the delay suffered:
- If the package is found, it is sent to the Customer: the receipt procedure then follows its normal course
- If the package is declared lost (the final response is often formulated within the maximum time limit of three weeks), STATICE then notifies the Customer and immediately undertakes the refund of the package (Product(s) and shipping costs).
STATICE cannot be held responsible for consequences due to a delay of routing not being of its fact. Coincidences, besides those usually held by the jurisprudence of the French jurisdictions are considered in particular as cases of absolute necessity or unburdening STATICE of its obligation to deliver: The all-out or partial strikes, the lockout, the riot, boycott or other actions with industrial character or commercial disputes, disorder civilian, uprising, war, bad weather, epidemic, blocking of the means of transportation or supply for whatever reason, accident, earthquake, fire, storm, flood, water damage, governmental or legal limitations, legal or statutory modifications of the forms of marketing, breakdown of computer, blocking of telecommunications, including wired or Hertzian telecommunication networks, and any other case independent from the will of the parties preventing the normal execution of the contractual relation. All the obligations of the parties will be suspended during all the duration by the event of force majeure, without compensation. If the event of force majeure goes on during more than three (3) months, the concerned contract can be cancelled by rights without compensation by one or other of the parties.
In any case, the delivery of Products for the deadlines can intervene only if the Customer is up to date of his obligations.
It is up to the Customer to verify the shippings on arrival and to make any reserves and complaints which would seem justified, even to refuse the package, if this one may have been opened, or if it carries obvious tracks of deterioration. In case of damaged package (already opened, product(s) missing), the Customer makes a commitment to notify to the carrier and to STATICE, by any ways, any reserves in 3 days following the reception of the product.
8. EXCHANGE AND RETURN OF DE PRODUCT(S)
Within fourteen (14) days of receipt of its order, the Customer may request STATICE to return or exchange the Product(s).
To send an exchange or refund request to our online shop, the Customer must go to the "orders" part of his customer account, select the order concerned and check the product(s) he wishes to return. They will be asked to comment on the reasons for which they wish to make a return, and whether they want a credit (in case of exchange) or a refund (in case of final return).
He will receive by email, within a maximum of 2 working days, a confirmation of the processing of his return request as well as a return label that the Customer must print.
The product(s) must be returned to STATICE Paris, Service Retour, 20 rue de Mogador, 75009 PARIS, FRANCE at the Customer’s expense including any customs charges.
The Customer is responsible for the return risks. The Customer is therefore strongly encouraged to return the package by any means providing proof of its consignment and giving it a certain date (recommended with acknowledgement of receipt, Colissimo follow-up, etc.).
Each returned Product must be returned in its original packaging, in its original state, new, unworn, unwashed. Damaged, worn or soiled products will not be returned.
Each returned Product must be returned with the return order label to the address indicated on the return label. If the Client does not comply with these conditions, in particular with the return or exchange conditions, STATICE may not refund the Product(s) concerned.
IN CASE OF A REFUND:
The returned Products will be refunded to the Customer within a maximum of ten days from their receipt by STATICE. Once the Products have been received, controlled, and accepted by our services, the refund of the Products returned at the invoiced price will be made by crediting the amount on the customer’s bank account debited during the transaction.
IN CASE OF AN EXCHANGE:
The exchange will be carried out by issuing a credit note equal to the sum of the amount of the Products and valid for 3 months. This credit will be available on the Website under the heading «voucher », category «My account». This credit is usable once. Any balance will be lost. For Metropolitan France and Monaco, the Customer is also offered the shipping costs of his next order.
9. LEGAL GUARANTEES
Products benefit from compliance guarantees and hidden defects.
Without prejudice to the withdrawal period provided for in Article 8, in the event that the Products delivered do not comply in kind or quality with the specifications indicated in the delivery note, the Customer must inform STATICE by writing to bonjour@statice.fr.
The Customer may then return the contents of the delivery under the conditions described above in Article 8 of the GTCs (8. EXCHANGE AND RETURN OF PRODUCT(S)).
By way of exception to the provisions of Article 8 of the GTCs, the shipping costs related to the return package will be refunded to the Customer, by a credit of the amount on the Client’s bank account debited at the time of the transaction.
Once the Product has been received, controlled and accepted by our services, STATICE will send a new Product corresponding to the Customer’s order and in accordance with the description of the Product. If the Product is no longer available, STATICE will notify the Customer by email and offer to obtain a voucher or refund of the order of the amount of the Product returned. The equity will then be available on the «Voucher » section in the «My Account» category of the Client. The refund of the Product returned at the invoiced price will be made by crediting the amount to be repaid in the customer’s bank account debited at the time of the transaction. The withdrawal period does not start running again after receipt of the new Product.
10. RESPONSIBILITY
STATICE has, for all the steps of access to the Site, from the order process to the shipment of the package or the subsequent services, only an obligation of means. STATICE’s liability shall be held responsible for any inconveniences or damage inherent in the use of the Internet, in particular a breach of service, an external intrusion or the presence of computer viruses, or otherwise qualified as force majeure, in accordance with law and jurisprudence. STATICE reserves the right to promote a third party on the Site in any way, and is not responsible for third party sites to which visitors are directed from the Site.
INTELLECTUAL PROPERTY:
This Site or any part of this Site shall under no circumstances be reproduced, copied, sold or operated for commercial reasons without the express written permission of STATICE. In general, all copyright, trademarks and other distinguishing signs and rights of property or intellectual property appearing on the Site, will remain the full property of STATICE and are protected by intellectual property rights in France and throughout the world. The Customer is therefore bound to respect the intellectual property rights of STATICE and may not use the trademarks appearing on the Site and on the Products in any case, or to file a trademark which would be injurious to the proprietor of the rights, unless otherwise provided by contract. The same applies to all other intellectual property rights.
Any total or partial reproduction of these elements or the Site is strictly prohibited.
CONFIDENTIALITY OF PERSONAL DATA:
STATICE undertakes to use the Customers' confidential information only in the context of the operation of its Site. The personal data collected on the website www.statice.fr are necessary to process the order. Collected personal data will be subject to IT processing, the Customer acknowledges having knowledge of it. In this respect, the information concerning him may be communicated to technical service providers of STATICE, which the Client recognises and accepts.
Furthermore, STATICE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracing the number of visitors on certain pages.
In accordance with the law of January 6th 1978 as amended by the law of August 6th 2004, the Customer has the right to access and rectify the personal data which he may exercise by email at: bonjour@statice.fr, and without prejudice to its right to object to the processing of such data for just cause.
This computer processing was the subject of a declaration to the National Commission of Informatics and Freedoms (CNIL) which issued receipt no. 2042280 V0 on March 08, 2017.