TERMS OF SALES
1. SCOPE OF APPLICATION
These general conditions of sale (hereinafter “CGV”), intended for all sales concluded by SOCO, Simplified Joint Stock Company with capital of 60,000 euros, whose head office is located at 7 rue Tronchet 75008 Paris, registered in the Paris Trade and Companies Register under number 911 688 869, contact@soco.fr , 0033621778795 (“SOCO”), from non-professional buyers having the status of consumers, aged over eighteen (18 ) years of age and having full legal capacity (hereinafter the “Client” or “Clients”) as well as the “SOCO Online Data Protection Policy” and the relevant “Legal Notices” are applicable, without restriction nor reserve, to the website www.soco.fr (hereinafter the “SOCO Online Store”), which offers the retail sale of leather goods articles and accessories for strictly personal use bearing the “SOCO” trademark ( hereinafter jointly the “Product(s)”).
The Products are sold directly on the SOCO Online Store by SOCO SAS. Any order or purchase of Products on the SOCO Online Store, and validation of the corresponding box, constitutes full acceptance of these General Terms and Conditions by the Customer who makes a purchase there.
These General Terms and Conditions may be modified at any time and the applicable conditions are those that the Customer accepts when placing an order and which are accessible from the order confirmation email.
Customers will also find information regarding the SOCO Online Store on the “FAQ” link.
These General Terms and Conditions are available at any time on the SOCO Online Store and will take precedence over any other document.
2. PRODUCTS
The Products offered for sale on the SOCO Online Store are described in their main characteristics with the best possible precision (specifications, illustrations, dimension or capacity, composition, etc.).
The Customer is solely responsible for choosing and purchasing a Product.
The Customer is advised to consult the description of each Product in order to find out more about the Product concerned.
Product offers are within the limits of available stocks as specified when placing the order.
Information on the availability of the Products is provided at the time the order is placed.
If, despite SOCO's vigilance, the Products ordered are no longer available, SOCO will inform the Customer by email as soon as possible.
No debit corresponding to the unavailable Product(s) will be made to the Customer's bank account.
If payment has already been made, the Customer will be reimbursed for the part of the payment corresponding to the unavailable Product(s).
3. PRICE
The Products are supplied at the current price appearing on the SOCO Online Store when the order is registered by SOCO.
The Customer is informed that prices are subject to change.
Thus, in the event that the Customer has created a customer account, the prices displayed in the “My account/My orders” section of the order summary page only correspond to the prices paid by the Customer for their previous orders.
The functionality allowing you to order again is therefore likely to offer the same Product for sale at a price different from that paid during a previous order.
It is up to the Customer to carefully check the price in effect at the time of the order, as indicated when the Product is placed in the basket.
The prices are indicated in Euros, excluding VAT and including VAT, and do not include the costs of processing, shipping, transport and delivery of the order (hereinafter the “Delivery Costs”).
These Delivery Costs are invoiced in addition under the conditions indicated on the SOCO Online Store and calculated before placing the order. They are indicated to the Customer on the basket consultation page as well as on the order summary page, before validation and payment of the latter.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The Customer must also pay mandatory taxes and duties as well as any bank charges which will always be his responsibility.
Apart from cases of reimbursement made (i) as part of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, SOCO will not reimburse the VAT applied to purchases made on the SOCO Online Store (even in the event that the buyer, after receipt, reships the Products to a third country).
An invoice is established by SOCO and given to the Customer upon delivery of the Products ordered.
4. ORDER
4.1. ORDERING PROCEDURE
The Customer is invited to select the chosen Products and put them in the shopping cart by clicking on the “Add to cart” button or the “Buy now” button.
It is up to the Customer to check the details and accuracy of their order and to report any error by consulting the summary of their order by clicking on the “View Basket” button, before validating the basket by clicking on the “Finish” button. my purchases ".
SOCO cannot be held responsible for the inaccuracy of the information communicated by the Client.
Any order placed on the SOCO Online Store constitutes the formation of a contract concluded remotely between SOCO and the Customer.
The Customer is invited to create an account (personal space) by completing the form which will be offered to them at the time of their order.
He undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
The Customer's identifiers and passwords are strictly personal, he undertakes to keep them secure and never communicate them to third parties.
In the event of loss, theft or any fraudulent use of his customer account, the Customer undertakes to inform SOCO immediately.
The customer account will provide access to a personal space where Customers can follow the progress of their orders and access invoices.
In any case, the Customer can choose between:
- identify yourself with your username and password to order using your customer account, or
- order without creating a customer account, or
- order by creating a customer account.
In order to finalize his order, the Customer must:
- confirm your delivery and billing address or indicate a new delivery and/or billing address,
- read these General Terms and Conditions and explicitly accept them by checking the box “I have read and accept the general conditions of sale” before proceeding to pay for your order,
- pay the amount of your order by clicking on the “Proceed to payment” button giving access to secure payment of your order.
The sales contract will only be formed after full payment of the price and confirmation by email by SOCO to the Customer of acceptance of the order at the email address indicated by the Customer, the Customer formally accepting the use of email to confirmation by SOCO of the content of its order.
Generally speaking, SOCO reserves the right to cancel or refuse any order:
- Products having an abnormal, abusive nature or contrary to the provisions of the General Terms and Conditions, particularly in the case of orders in quantities and/or amounts considered unusual by SOCO,
- from a Customer with whom there is a dispute relating to the payment of a previous order.
SOCO also reserves the right to interrupt or cancel any order in progress in the event that:
- the smooth administrative and/or technical progress of an order on the SOCO Online Store is disrupted by a virus, a computer bug, unauthorized human intervention or any other cause beyond the control of SOCO,
- in the event of a strong presumption of fraud, or if fraud has occurred in any form whatsoever, particularly electronically.
The Customer will be informed by email of the cancellation, refusal or interruption of his order and will be reimbursed for the sums he has, where applicable, paid prior to the cancellation, refusal or interruption of his order. its order by SOCO.
4.2. PAYMENT TERMS
The price of the order is payable in cash by the Customer, in full on the day the order is placed.
Payment for the order will be made by secure payment by credit card (Visa®, MasterCard®, American Express®, Carte Bleue® are accepted), Paypal or Apple Pay.
The secure payment system is carried out on an external platform via an approved payment provider involved in banking transactions carried out on the SOCO Online Store.
The processing data is exchanged in encrypted mode using the protocol defined by the said service provider.
Payment will only be considered validated after confirmation of the payment agreement by the issuing organization.
In the event of refusal by the bank, the order will be automatically refused and SOCO will therefore be released from any obligation and responsibility towards the Customer.
The Customer can download their invoice from their personal space in the “My orders” section.
In the event that the Customer has not created a customer account, his invoice is available as an attachment to the shipping confirmation email sent by SOCO.
SOCO will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above, the sale not being valid in this case.
4.3. CANCELLATION OF THE ORDER
Once payment has been made, the Customer cannot modify their order.
Notwithstanding, the Customer always has the possibility of making use of his right of withdrawal, the terms of which are described in Article 5 of these General Terms and Conditions.
If the Customer makes use of his right of withdrawal, the Customer will be informed by email of the cancellation of his order and, where applicable following the Customer's choice, will be reimbursed by SOCO for the sums he has paid prior to the cancellation of your order as part of your right of withdrawal.
5. DELIVERY AND RECEIPT OF PRODUCTS
5.1. DELIVERY TERMS
The Products ordered by the Customer will be delivered to the delivery location indicated by the Customer.
The Products ordered by the Customer can only be delivered to mainland France, including the island of Corsica (excluding Guadeloupe, Martinique, Guyana, Réunion, Mayotte, New Caledonia and the French Southern and Antarctic Lands). ) as well as in the Principality of Monaco.
Shipping costs vary depending on the weight and destination of the package according to the Colissimo, Chronopost and Mondial Relay scales.
Information concerning delivery terms and costs is accessible from the basket validation page, as well as on the order summary page, before payment.
No delivery will be made in the event of incomplete collection of the price.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
SOCO will make its best efforts to deliver the Products to the Customer as quickly as possible to the address indicated once the order has been placed and, in any case, within a maximum period of thirty (30) working days from receipt of the order confirmation email, subject to the availability of the Products as indicated to the Customer at the time of the order.
This period may be extended in exceptional circumstances.
Any order placed on a non-working day will result in said delivery time being postponed to the next working day.
Any modification to the delivery terms at the Customer's request must be made via the SOCO Online Store or the website of its carrier; failing this, SOCO cannot be held responsible in the event of non-compliance with the delivery terms provided for when ordering.
The Customer will bear the consequences (delay in delivery, impossibility of delivery, return of Products, additional transport costs, etc.) resulting either from the erroneous and/or incomplete nature of the information provided by him with a view to delivery, or from its absence at the time of delivery.
In the event of a defect or delay in delivery for any cause other than force majeure or the act of the Customer, the Customer must contact the Customer Service of the SOCO Online Store as soon as possible by clicking on the “Contact” button at bottom of the SOCO Online Store home page.
In this case, the Customer may either request a new estimated delivery date from SOCO or cancel the order and receive a full refund of the price paid by the Customer, excluding any compensation or holdback.
If the Customer receives the Product after using this option, he must return it as soon as possible to SOCO according to the return procedures provided for in article 5.2 below.
The Customer may also choose not to use the services of SOCO on the SOCO Online Store for the delivery of the Products ordered, but through the services of a third party of his choice, in which case SOCO cannot be held responsible for any delivery made in this context, which the Customer expressly accepts.
5.2. RECEIPT OF PRODUCTS
The risks on the Products are transferred to the Customer upon delivery, that is to say at the moment when the Customer (or any third party designated by him) takes physical possession of the Products concerned.
The Customer (or any third party designated by him) is required to check the number of Products as well as the conformity and status of his order upon receipt of the Products.
If the package received is open or visibly damaged, or if all or part of the Products in the package are damaged, missing or do not correspond to the order, the Customer is invited to refuse receipt of the package or the Product(s). ) concerned and to issue, by email, the necessary and sufficiently detailed customary reservations (open package, package or item(s) damaged or missing or non-compliant with the order, etc.) to the following email address: contact@soco.fr .
The Customer may choose not to use the services of SOCO on the SOCO Online Store for the delivery of the Products ordered, but through the services of a third party of his choice, in which case SOCO cannot be held responsible for any defect. delivery, non-conformity of the Products, damage to the package or one or more of the Products, failure of one or more Products and more generally any problem linked to said delivery; no refund, credit or replacement of Products would also be due in this case.
In any event, the Customer has a maximum period of fourteen (14) calendar days from delivery to submit complaints by email to SOCO, accompanied by all relevant supporting documents (notably photos), in order to allow SOCO to carry out an investigation with the carrier and/or to seek recourse from the carrier within the time limits provided for by the applicable regulations, if applicable.
After this period and failing to have complied with these formalities, the Products will be deemed to conform to the order and free from any apparent defect and no complaint can be validly accepted by SOCO.
In the event of missing Products, refusal or return of a Product whose lack of conformity, hidden or apparent defects have been duly proven by the Customer in the above circumstances, SOCO will either reimburse the Product(s) s) concerned within fourteen (14) calendar days, or upon reshipment of the damaged/missing Product(s) at its expense as quickly as possible.
The above provisions do not deprive the Client of the benefit:
- the legal right of withdrawal and as provided for in Article 6 of these General Terms and Conditions allowing it to return the Products, request their exchange or reimbursement from SOCO without reason if they do not give it satisfaction, in compliance with the provisions of the Consumer Code,
- the legal guarantees available to it and as provided for in Article 8 of these General Terms and Conditions.
6. RIGHT OF WITHDRAWAL AND RETURN POLICY
6.1. RIGHT TO RETRACT
The Customer has the possibility, without reason, to cancel his order within fourteen (14) calendar days from the day of shipment of the Products ordered.
If this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
In order to exercise his right of withdrawal, the Customer may notify his decision to withdraw and return his Product(s) to SOCO by sending SOCO, by email to the email address contact@soco.fr , a declaration unambiguous expressing the Customer's desire to withdraw or the withdrawal form duly completed, completed and signed, as available in the Appendix to these General Terms and Conditions.
The Customer can also contact Customer Service by clicking on the “Contact” button at the bottom of the SOCO Online Store home page.
This declaration must be accompanied by information relating to the Products and quantities returned as well as the name, postal address, order number, and if possible the telephone number and email address of the Customer.
SOCO will then provide the Customer with a prepaid shipping label by email (hereinafter “Prepaid Label”) so that the Products can be returned free of charge.
The prepaid label must be stuck on the return package so that the Customer can drop it off at a post office.
No return costs will be reimbursed by SOCO to the Customer if the latter decides not to use the prepaid Label provided.
In accordance with article L. 221-28 of the Consumer Code, the Customer's right of withdrawal is restricted and cannot be exercised on personalized Products that SOCO has been required to create and deliver to the Customer according to the specific specifications of this last expressed when ordering.
6.2. RETURN POLICY
As part of exercising the right of withdrawal or in the event of non-conformity of the Product, the Customer may return the Product(s) purchased by requesting an exchange or refund under the following conditions.
Each Product must, within a maximum period of thirty (30) days from registration of the return, be returned new, with all its accessories, all its labels (including the price tags) accompanied by the purchase invoice or a copy in the event of a partial return, and in its original packaging.
In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, SOCO reserves the right to refuse reimbursement or exchange. of the product.
SOCO will not make a refund or exchange if the Products returned by the Customer do not correspond to the Product(s) ordered or if they do not come from the SOCO Online Store.
Under no circumstances will the return of a Product result in the issuance of an electronic credit note to be used on the SOCO Online Store.
In the event of a refund request, SOCO will reimburse the returned Products in accordance with the terms set out in points 6.1 and 6.2, as well as the Delivery Costs paid by the Customer by crediting the bank card or online payment method used for the payment.
In the event of an exchange, the transport costs of the first delivery will be refunded, but the transport costs of the second shipment will be invoiced according to the delivery method chosen.
In the case of a partial return of the Products, the Delivery Costs will not be reimbursed by SOCO to the extent that the Customer has benefited from the delivery service for the Products retained.
Reimbursement will take place within a maximum period of fourteen (14) calendar days following (i) the date of receipt of the Product(s) by SOCO or (ii) the date on which the Customer provided proof of shipment of the Products. Products (the date retained being that of the first of these events).
Delivery of the Product(s) exchanged will be in accordance with the provisions of Article 5 of these General Terms and Conditions.
7. RESERVATION OF OWNERSHIP
The Products ordered remain the property of SOCO until full payment of the price by SOCO.
The Customer, however, assumes the risks (in particular loss, theft or deterioration) linked to the Products delivered from their delivery to the address indicated when ordering.
8. LIMITATION OF LIABILITY AND WARRANTIES
SOCO cannot be held responsible for the violation of one of its obligations if the poor execution of the contract results from a case of force majeure, from the act or omission of the Client, from the unforeseeable and insurmountable act of a third party. to the contract, or an obstacle beyond the control of SOCO, which SOCO could not reasonably foresee at the time of signing the contract with the Client, and the consequences of which cannot be reasonably avoided or overcome by SOCO.
SOCO is bound by the legal guarantee of conformity and that relating to defects in the item sold as referred to below, to the exclusion of all other guarantees, and independently of any commercial guarantee that may be offered.
With regard to the legal guarantee of conformity, the Customer:
- has a period of two (2) years from delivery of the product to take action against SOCO;
- when repair is possible, he can choose between repair or replacement of the product;
Regarding the guarantee against hidden defects in the item sold, the Customer can choose in accordance with article 1644 of the Civil Code between:
- resolution of the sale;
- a reduction in the selling price.
The Customer is required to verify that the Products received correspond to the order and, in the event of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, he must, in order to assert his rights, inform SOCO by email of the non-conformity of the Products or the existence of hidden defects from their discovery.
SOCO recalls certain provisions relating to legal guarantees:
Article L217-4 of the Consumer Code: “SOCO delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code: “The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by SOCO and has the qualities that it presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by SOCO, by the producer or by its representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article L217-16 of the Consumer Code:
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
Article 1641 of the Civil Code: “SOCO is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. ".
In any event, SOCO cannot be held liable for:
- if the Products returned by the Customer do not correspond to the Products ordered or do not come from the SOCO Online Store,
- in the event of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, applicable if delivery abroad
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the SOCO Online Store are not contractual and cannot engage SOCO's liability and SOCO's guarantee is limited to the replacement or reimbursement of non-compliant or defective Products.
It is specified for all practical purposes that the legal guarantees do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault of the Customer resulting from improper use or use. conforming and/or unsuitable to the characteristics of the Product.
Likewise, this article does not apply if the Products have not been purchased on the SOCO Online Store.
9. PERSONAL DATA
SOCO's online data protection policy can be consulted by clicking on the corresponding link on the SOCO Online Store.
SOCO invites the Client to consult this page in order to find out how SOCO processes personal data and the Client's rights relating thereto.
10. APPLICABLE LAW / DISPUTES
These General Terms and Conditions as well as any order placed on the SOCO Online Store are subject to French law; they are written in French and, in the event of translation into one or more foreign languages, only the French version will be authentic.
In the event of a dispute concerning the SOCO Online Store, these General Terms and Conditions and/or an order, SOCO invites the Customer to contact Customer Service at the email address indicated in the “Customer Service” section at the bottom of the home page from the SOCO Online Store in order to present your claim and try to find an amicable solution with SOCO.
In the absence of an amicable agreement with the Customer Service of the SOCO Online Store, the Customer is informed that he can submit the dispute either:
- to the consumer mediator [CMAP (Paris Mediation and Arbitration Center) accessible at the following URL address: http://www.cmap.fr/ or at the following postal address: CMAP (Mediation Service of the Consumption) - 39 avenue Franklin D. Roosevelt – 75008 Paris or via email to consommateurs@cmap.fr.
- to the European Commission via its online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/., in accordance with Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 relating to the extrajudicial resolution of consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 relating to the online resolution of consumer disputes.
Whatever the method used to submit the dispute to the mediator, for the referral to a mediator to be admissible, the latter must include: postal address, email address and telephone number of the Client, the full name and address of SOCO, a brief summary of the facts and evidence of the measures already taken with the Customer Service of the SOCO Online Store.
If no amicable solution is found or if the Customer wishes to bring the complaint or dispute directly to court without following an amicable resolution process, recourse to mediation being an alternative mechanism not constituting a precondition for the exercise of legal action, only the French courts will have jurisdiction to hear the dispute.
ANNEX: MODEL OF STANDARD WITHDRAWAL FORM
To the attention of: SOCO SAS - Returns Service - 7, rue du Tronchet - 75008 Paris – France. Email address: contact@soco.fr .
I hereby notify you of my withdrawal from the contract relating to the sale of the following Product(s):
- Name(s) and reference(s) of the Product(s):
- Ordered on:
- Received on:
- Order number :
Name of the Customer at the origin of the order:
Address of the Customer at the origin of the order:
Signature of the Client (in the event of notification of this form on paper):
Date: January 17, 2023
