1. About us
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company SAS Sweet Laces, registered in the Nice Trade and Companies Register under number B 914 330 865 (hereinafter, the “Seller”) and which markets accessories in general, accessories for sneakers, sneakers, shoes, clothing and others to consumers and professional or non-professional buyers (hereinafter, the “Customer” or the “Customers”) via its Website: sweet-laces.com.
2. Preamble
The Vendor invites Customers to carefully read the present terms and conditions of sale and use. Placing an order implies acceptance of these conditions. The characteristics of the products are indicated on the sweet–laces.com website. It is the Customer’s responsibility to take these into account before making a purchase.
These general terms and conditions of sale and use govern the conditions under which the Vendor sells its products to its professional, non-professional and consumer customers via its website, and in particular the conditions of order, payment, delivery and management of any returns (in specific cases) of products ordered by customers.
These general terms and conditions of sale and use apply to all sales concluded by the Vendor to the exclusion of all other terms and conditions, in particular the Customer’s general terms and conditions of purchase and those applicable to in-store sales or sales via other distribution and marketing channels.
The customer acknowledges having read and accepted them in any case when placing the order.
The present general terms and conditions of sale and use are accessible at any time on the sweet-laces.com website and are systematically communicated to any customer who requests them.
In the event of subsequent modification of these general terms and conditions of sale and use, the version applicable to the Customer’s purchase is that in force on the website at the date the order was placed.
Validation of the order by the customer implies unreserved acceptance of these general terms and conditions of sale and use.
The Customer acknowledges having the capacity required to contract and purchase the products offered on the sweet-laces.com website.
3. Definitions
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site;
“Order” means any order placed by the User on this Site and registered for this purpose on this Site;
“General Terms and Conditions of Sale and Use” or ‘GTC/UGU’ refers to these general terms and conditions of use and online sales;
“Consumer” means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;
“Products” refers to material things that can be appropriated and that are offered for sale on this Site;
“Professional” refers to the buyer, whether a legal entity or an individual, who is acting in the context of his or her professional activity;
“Site” refers to this website, i.e. sweet-laces.com ;
“Company” means Sweet Laces Company, more fully described in Article I hereof;
“User” refers to any individual or legal entity using this Site.
4. Registration
Registration on the Site is open to all individuals or legal entities of full age and with full personality and legal capacity.
Use of the Site is subject to User registration. Registration is free of charge.
To proceed with registration, the User must fill in all mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all information communicated on the Site, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to such information and available in their account.
All registered Users have a login and password. These are strictly personal and confidential, and may not be communicated to third parties under penalty of deletion of the registered User’s account. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, may only have one account on the Site.
In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
Account deletion entails the definitive loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site prior to account deletion will be processed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GTC/GTC, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorization of the Company.
5. Orders
Orders can only be placed once the User has registered on the Site. Registration is automatically generated when an Order is placed or can be carried out prior to placing an Order. Once logged in to their account, Users can add Products to their virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and complete his Order by pressing the “Order” button.
The Customer must provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site. The Vendor cannot be held responsible for any errors in the information entered by the Customer, or for any consequences thereof in terms of late or incorrect delivery.
Contractual information is presented in the French language and is subject to confirmation at the latest when the Order is validated by the Customer.
The customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of the entirety of the present GCS/CGU and constitutes proof of the sales contract.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will include a summary of the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Vendor and the Customer. The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the Order by e-mail, and once the Vendor has received payment in full.
The Vendor reserves the right to suspend, cancel or refuse any order from a Customer, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Site or with whom there is a dispute relating to the payment of a previous order.
The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site ordered or the regularity of the Orders, in accordance with the conditions set by the Company.
6. Products and prices
The Products covered by the GCS/UGS are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page of the Site and all their essential characteristics are mentioned. Sales are subject to availability. The Company cannot be held responsible for stock-outs or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT), excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery charges, which will be invoiced in addition, under the conditions indicated on the Site, calculated prior to placing the Order and detailed, where applicable, in the summary before placing the Order. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.
The Vendor reserves the right to modify the prices of the Products presented on the Site. In any event, the Products will be invoiced to the Customer on the basis of the prices in force at the time the Order is validated.
7. Terms of payment
Unless otherwise stipulated, all sales are payable in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Vendor remains free to require a deposit or payment of the full price at the time of placing the Order or upon receipt of the invoice.
Payment can be made by :
- Carte bancaire, via une connexion sécurisée ;
- module sécurisé de paiement type SSL (Secure Socket Layer) tel que Paypal, de telle sorte que les informations transmises sont cryptées par un logiciel et qu’aucun tiers ne peut en prendre connaissance au cours du transport sur le réseau ;
- YesByCash (procédé permettant un règlement en espèces).
The Customer will be debited the full amount indicated on the Order summary on the day of the Order. The Customer warrants to the Vendor that he/she is fully authorized to use the means of payment chosen for the payment of his/her Order, and that this means of payment legally gives access to sufficient funds to cover all costs resulting from his/her Order on the Site. The Vendor cannot be held responsible for any fraudulent use of the means of payment used.
In the event of total or partial non-payment of Products by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus ten (10) percentage points.
The financing transaction selected is the most recent at the date of the Service Order.
In addition to late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of forty euros (€40) due for collection costs.
In the event of total or partial non-payment of services by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of services ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount of the remaining sum due, inclusive of tax, and runs from the due date of the price without the need for a prior formal notice.
Payments made by the Customer will not be considered final until the Seller has received the amounts due. Furthermore, the Vendor reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of current orders placed by the Customer.
The Customer shall not be charged any additional costs in excess of those incurred by the Vendor for the use of a means of payment.
8. Delivery
Products are delivered exclusively in the following geographical areas:
- France métropolitaine, Corse, Outre-Mer, Europe et Monde.
- Les frais de livraison appliqués à la Commande dépendent des coûts du transport propre à chaque livraison. Nous mettons tout en œuvre pour obtenir de nos partenaires de transports les meilleurs tarifs possibles.
- La livraison est effectuée, en fonction du choix du Client et selon les prix indiqués sur le Site à l’adresse indiquée par le Client lors de sa Commande par voie postale.
- La livraison est constituée par le transfert au Client de la possession physique ou du contrôle du Produit. Sauf cas particulier ou indisponibilité d’un ou plusieurs Produits, les Produits commandés seront livrés en une seule fois.
- Le Vendeur s’engage à fournir tous les efforts matériels et humains pour faire livrer les Produits commandés par le Client dans les meilleurs délais. Ceux-ci peuvent varier en fonction de la zone géographique du Client, du mode de livraison choisi ou encore du Produit commandé.
- En cas de dépassement de la date limite de livraison de quatorze (14) jours, pour toute autre cause que la force majeure ou le fait du Client, la vente pourra être résolue à la demande écrite du Client dans les conditions prévues aux articles L. 216-2, L. 216-3 et L. 241-4 du Code de la consommation. Les sommes versées par le Client lui seront alors restituées au plus tard dans les quatorze (14) jours suivant la date de dénonciation du contrat, à l’exclusion de toute indemnisation ou retenue.
- Dans le cas où la livraison serait impossible, du fait d’une erreur sur l’adresse indiquée par le Client, la Société contactera le Client le plus rapidement possible afin d’obtenir une nouvelle adresse de livraison. Les éventuels frais de livraison supplémentaires seront à la charge du Client.
- En outre, la responsabilité de la Société ne peut être engagée pour des motifs liés au dépassement des délais de livraison :
- En périodes de forte demande, telles que les périodes de fêtes de fin d’année ;
- Pour des délais provoqués par des motifs de force majeure, c’est à dire en raison de la survenance d’un évènement imprévisible, irrésistible et indépendant de sa volonté ;
- Pour des faits imputables exclusivement au transporteur chargé de la livraison.
- Si vous avez passé une Commande à destination d’un pays en dehors de l’Union Européenne, sachez que les frais douaniers et taxes d’importation seront facturés une fois le colis arrivé dans le pays de destination. Votre Commande sera retenue par la douane qui pourra vous demander de payer des frais et des taxes supplémentaires. Ces frais doivent être réglés par le destinataire du colis.
9. Complaints
For all Orders placed via this Site, the Customer has a right to make a complaint within fourteen (14) days of delivery of the Product. It is the Customer’s responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations at the time of delivery, the Products are deemed to conform to the Order.
To exercise this right of complaint, the Customer must send the Company, via the contact form, a statement in which he expresses his reservations and complaints, together with the relevant supporting documents (delivery slip countersigned by the carrier, photographs, etc.).
If these formalities are not complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Company will repair, replace or reimburse (according to specific cases), as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the French Consumer Code and those provided for in these GCS/GU, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer’s right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging, in perfect condition and unopened within fourteen (14) days from the date of actual receipt of the order.
Products that are damaged, soiled, opened or incomplete will not be taken back under any circumstances.
The Consumer has a right of withdrawal of fourteen (14) days from placing the Order, except for contracts mentioned in article L.221-28 of the French Consumer Code.
To exercise this right of withdrawal, the Consumer has up to fourteen (14) days after receipt of his Order to send a declaration in accordance with the downloadable model opposite: withdrawal form. The form should be sent to the following e-mail address: hello@sweet–laces.com, with the following subject line: “Request for retraction – Order #Lenumérodevotrecommande”.
If the products are not returned within the fourteen (14) day period, the Order is deemed final and no refund will be made, except in the cases provided for in these GCS/GU.
The Customer will be reimbursed for all costs incurred in placing the Order within fourteen (14) days of receiving the returned Product(s).
Refunds will be made by the same means of payment used for purchase.
The cost of transport will be deducted from the total amount reimbursed.
La preuve de l’exercice effectif du droit de rétractation pèse sur le Client.
11. Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer, regardless of the date of delivery of said Products. It may therefore repossess said Products in the event of non-payment. In this case, any advance payments made will be retained by the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place when the Customer takes physical possession of the Products, i.e., on delivery or when the goods are collected from the store if the Customer has chosen delivery at a relay point.
12. Legal warranties
The Products sold on the Site comply with the regulations in force in France, and their performance is compatible with non-professional use. Pursuant to Article L. 211-4 of the French Consumer Code, the Seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. In accordance with article L. 211-5 of the French Consumer Code, to be in conformity with the contract, the Product must (i) be fit for the use normally expected of similar goods and, where applicable, correspond to the description given by the Vendor and possess the qualities that the Vendor has presented to the purchaser in the form of a sample or model and present the qualities that a purchaser may legitimately expect having regard to the public statements made by the Vendor in particular in advertising or labelling or (ii) present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the Vendor’s attention and accepted by the latter.
The Products supplied by the Vendor benefit automatically and without additional payment, independently of the right of retraction, in accordance with legal provisions (i) from the legal guarantee of conformity, for Products which appear to be defective, damaged or damaged or which do not correspond to the Order and (ii) from the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix hereto.
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
- bénéficie d’un délai de deux (2) ans à compter de la délivrance du Produit pour agir à l’encontre du Vendeur ;
- peut choisir entre la réparation ou le remplacement du Produit commandé, sous réserve des conditions de coûts prévues par l’article L. 217-9 du Code de la consommation ;
is exempt from proving the existence of the Product’s lack of conformity for six (6) months following delivery of the Product. This period is extended to twenty-four (24) months from March 18, 2016, except for used goods.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of two (2) years from delivery of the Products or the existence of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Vendor will reimburse, replace or repair Products or parts under warranty found to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts within the limit of the invoiced rate indicated on the Order invoice.
Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within fourteen (14) days of the Vendor’s finding of the lack of conformity or hidden defect. Refunds will be made by crediting the Customer’s bank account or Paypal account.
The Vendor may not be held liable in the event of failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check, or in the event of misuse, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
Replacement of Products does not extend the warranty period.
13. Reviews published on the Site
On the Site page for each Product, the Customer may write a review of the Product by entering a short text with a title and assigning a rating ranging from one (1) to five (5) stars.
The posting of a review on the Site does not give rise to any financial consideration on the part of the Vendor for the benefit of the Customer who has written said review.
Customer reviews are published on the Site within a maximum of forty-eight (48) hours. This period is expressed in working days.
The notices published are kept on the Site as long as the Products concerned by the said notices are on sale there.
The Vendor monitors the opinions published on its Site. Reviews are collected directly on the Site or after an Order has been placed, by e-mail, and relate to the various Products in the Order. All reviews that are abusive, vulgar, illegible or do not correspond to the Product to which they relate are deleted and will not be published on the Site under any circumstances. In accordance with article D. 111-19 of the French Consumer Code, when the Seller refuses to publish a review, it will inform the Customer of the reasons for refusal by any appropriate means.
The Vendor may respond to any notice published by the Customer directly on the Site.
The Vendor cannot in any way modify the notices that have been written by Customers.
14. Modifications
The Company reserves the right to modify the Site, the GTC/GTC and any delivery procedure or other component of the services provided by the Company via this Site.
When an Order is placed, the User is subject to the stipulations set out in the GCS/GUs in force at the time the Order is placed.
15. Data protection
In accordance with Law 78-17 of January 6, 1978 amended by Law n°2018-493 of June 20, 2018, the personal data requested from the Customer is strictly necessary for the processing of his/her Order and the preparation of invoices.
This data may be communicated to any of the Vendor’s partners in charge of fulfilling Orders.
The processing of information communicated via the Site complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data. This data processing has been declared to the CNIL.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the General Data Protection Regulation, known as the “RGPD”, which came into force on May 25, 2018, the Customer has the right, at any time, to access, rectify, oppose, limit, delete and port all his personal data by writing, by post and providing proof of his identity, to the following address: hello@sweet–laces.com, indicating in the subject of the email “Personal data – first name last name”.
16. Liability
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Site. Although the Company makes every effort to ensure that the service is always available, it is possible that the service may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery caused by force majeure as defined by current legislation.
The Vendor is not liable in the event of the carrier’s failure to deliver the Products, which failure is attributable exclusively to the carrier in accordance with article L. 221-15 of the French Consumer Code.
17. Intellectual property rights
The brand, logo, graphic charter, colors, etc. of this Site are trademarks registered with the INPI and are intellectual works protected by copyright, the ownership of which belongs exclusively to the Vendor. Any distribution, use, representation or reproduction, whether partial or complete, without the express authorization of the Vendor is strictly forbidden and will expose the offender to civil and criminal prosecution.
The Vendor is the owner of all property rights attached to the Site and its component parts, and holds the required licenses. It holds all intellectual property rights and derivative rights attached to the concepts and editorial content used and/or distributed on the Site. In general, no provision of these GTC/GTC may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever (under the terms of a license or by any other means) over the names, trademarks, acronyms, logos and other distinctive signs of the Vendor, with the exception of the rights held by the Vendor’s suppliers and potential partners over the visuals of their Products, their trademarks and logos presented on the Site.
In addition, the Vendor retains all intellectual property rights to the photographs, presentations, drawings and models produced with a view to supplying the Products to the Customer. The Customer shall therefore refrain from reproducing or exploiting these elements without the Vendor’s express prior written authorization, which may be conditional upon payment of a fee.
18. Applicable law – Language
These GCS/GU and any transactions arising therefrom are governed by and subject to French law.
The present GTC/GTC are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
19. Disputes
Any and all disputes arising out of or in connection with the purchase or sale transactions entered into pursuant to these GTC/GTC, concerning their validity, interpretation, performance, termination, consequences or consequences and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
20. Acceptance of the GCS/GUs
The fact that an individual or legal entity places an order on the Site implies full and unreserved acceptance of these GCS/GU and the obligation to pay for the Products ordered.
The Customer declares that he is aware of these terms and conditions and waives the right to invoke any other document, in particular his own general terms and conditions of purchase. The Consumer acknowledges having been informed of the information and details provided for in articles L.111-1 to L.111-7 of the French Consumer Code, and in particular :
-
- les caractéristiques essentielles du Produit ;
- le prix des Produits ;
- la date ou le délai auquel la Société s’engage à faire de son mieux pour livrer le produit ;
- les informations relatives à l’identité de la Société (coordonnées postales, téléphoniques, électroniques) ;
- les informations relatives aux garanties légales et contractuelles et à leurs modalités de mise en œuvre ;
- la possibilité de recourir à une médiation conventionnelle en cas de litige ;
- les informations relatives au droit de rétractation (délai, modalités d’exercice).
21. Appendix
Legal warranty provisions
- Article L. 217-12 du Code de la consommation : « L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »
- Article L. 217-16 du Code de la consommation : « Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention. »
- Article 1641 du Code civil : « Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. »
- Article 1648, alinéa 1er, du Code civil : « L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. »
