General conditions of sale

ARTICLE ONE - Scope of application

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company SP DEVELOPMENT with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale by the Seller on the website www.soandso.fr

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

The Products offered for sale on the website www.soandso.fr are as follows:

- Jewelry and fashion accessories from the soandso brand

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.soandso.fr.

The Customer is required to read this before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website www.soandso.fr are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to understand its essential properties and characteristics.

Product offers are subject to availability, as specified when the order is placed.

The Seller's contact details are as follows:
SP DEVELOPMENT Sarl
6, rue Jaubert – 13100 Aix-en-Provence - France
contact@soandso.fr

The Customer may send their complaints to the postal or email address mentioned above.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the website www.soandso.fr and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website www.soandso.fr.

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of 6 January 1978, the Client has the right, at any time, to access, rectify and oppose all of their personal data by writing, by post and providing proof of identity to SP DEVELOPMENT.

The Products presented on the website www.soandso.boutique are offered for sale in Metropolitan France but also abroad (see the list of Countries and Territories concerned in article 5 (Delivery) below).

In the event of an order to a country other than mainland France (see the list of Countries and Territories concerned in article 5 (Delivery) below), the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.

ARTICLE 2- Orders

It is up to the Customer to select the Products they wish to order on the website www.soandso.fr, according to the following terms:

Product orders are placed directly on the website www.soandso.fr.

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

To place an order, the Customer must follow the steps described below.

The Customer is, before any order, informed:

Payment methods used,
Essential characteristics of the Product,
From the price of the Product,
Delivery conditions,
Of the existence of legal guarantees for the Products,
On the existence of a right of withdrawal.

In order to validate and pay the amount of their order, the Customer must click on the “validation and payment of order” button.

After validation of the order and payment, a copy of the order acknowledgment is automatically sent to the Customer by email, with a summary of all the order information, accompanied by the applicable general terms and conditions of sale as well as the withdrawal form also available on the website www.soandso.fr.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered final after the Seller has sent the Buyer confirmation of acceptance of the order by email and after the Seller has received payment in full.

It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the website www.soandso.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Customer can follow the progress of their order on the website www.soandso.fr.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

In any event, if one or more Products ordered by the Customer are unavailable and this unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer without delay.

If the Customer decides to cancel his order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products, without delay and at the latest within thirty (30) days of payment.

In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 48 hours at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 20% of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the loss thus suffered.

ARTICLE 3 - Rates

The Products are supplied at the current prices appearing on the website www.soandso.fr, when the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the website www.soandso.fr.

These prices are firm and not subject to revision during their period of validity, as indicated on the website, www.soandso.boutique. The Seller reserves the right, outside this period of validity, to modify the prices at any time.

They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website www.soandso.fr and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

For any order placed to a country outside mainland France:

The prices displayed are indicated in euros, all French taxes included, excluding shipping costs.

The prices indicated are not subject to French VAT when the Customer chooses delivery outside the European Union. VAT will be automatically deducted when the Customer provides their delivery address.

In the event of delivery of Products outside Metropolitan France, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the Products ordered with regard to the legislation applicable in the territory of the country of delivery.

ARTICLE 4 - Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment.

The Customer can pay for their purchases by credit card, PayPal, or bank transfer. Accepted payment cards include: CB, Visa®.

In the case of payment by bank transfer, the Customer has 10 (ten) working days from the order confirmation to transfer the agreed amount. A reminder will be sent by email to the Customer within 8 days if the expected amount has still not been received in the bank account of SP DEVELOPMENT. The order may be cancelled if the Customer has not made the bank transfer within the specified time.

When paying, the bank requests personal information from the Customer in order to verify the identity of the cardholder and validate the transaction. The Customer must provide their bank card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the bank card).

The Customer guarantees to the Seller, when validating his order form, that he is in good standing with the issuer of the payment card.

Financial information will be transferred using an encrypted protocol to PAYPAL or other banks providing services related to remote electronic payment, without third parties having access to it under any circumstances.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.
No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

ARTICLE 5 – Deliveries

5.1 Delivery of Products and Prices

The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering on the website www.soandso.fr.

For reasons, particularly security reasons, SP DEVELOPMENT will not process any order for which a PO box or Cedex address is provided.

In order for your order to be delivered, you agree to provide your full address when ordering, including any additional information necessary for the smooth delivery (building, floor, staircase, access code).

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only.

Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

Products purchased on the site are deliverable under certain conditions described in the delivery section at the bottom of the site page and reproduced below.

For delivery in Metropolitan France:

Delivery will be free for all purchases of €350 or more including tax. Delivery will be made by Colissimo.

Delivery time varies from 3 to 5 working days from the delivery of the package to the carrier.
Shipping costs by Colissimo for an order under €350 are €12 including tax.

For orders exceeding €1,500 or if delivery is urgent (delivery within 48 hours, working days, from the delivery of the package to the carrier, delivery will be carried out by DHL, the cost of transport will be €35 including tax.

For delivery to the European Union (EXCLUDING DOM-TOM):

Delivery will be made by Colissimo to the following countries:

Germany
Austria
Belgium
Bulgaria
Cyprus *
Croatia *
Denmark
Spain
Estonia *
Finland
Greece
Hungary *
Ireland
Italy
Latvia *
Lithuania *
Luxembourg
Malta *
The Netherlands
Poland *
Portugal
Czech Republic *
Romania *
United Kingdom
Slovakia *
Slovenia *
Suede
Swiss *

The delivery time varies from 4 to 10 working days, from the delivery of the package to the carrier.
The shipping cost is €20. If the amount exceeds €1,500 or if the delivery is urgent (delivery within 48 hours, working days, from the delivery of the package to the carrier, then delivery will be carried out by DHL. The shipping cost is €50, except for the countries listed above and followed by a * for which the delivery costs will be €70.

For Delivery outside the European Union and in the French Overseas Territories:

The Products may be delivered to the following countries:

Saudi Arabia
Australia
Bahrain
Canada
DOM - TOM
United Arab Emirates
UNITED STATES
Japan
Lebanon
Malaysia
Norway*
Oman
Qatar
Singapore
Taiwan
Türkiye*

The price will be calculated excluding taxes automatically on the invoice.

Deliveries to the countries on this list located in Europe and the French overseas territories and followed by a *, can be made by Colissimo (for a cost of €20). By DHL if the order amount exceeds €1,500 or if the delivery is urgent (Delivery within 48 working hours, from the delivery of the package to the carrier), the cost will then be €70.

Deliveries to other countries on this list are made exclusively by DHL and the cost of transport is calculated according to the destination:

America zone: €70
Asia, Middle East and Australia: €80.


Customs duties, local taxes, import duties or state taxes may be required by the carrier who will deliver your order to you.

These rights and sums will be your responsibility and are your entire responsibility.

5.2 Insurance

All our shipments are insured regardless of the carrier to the value of the jewelry ordered.

5.3 Delivery tracking

We track each of our shipments personally and you also have the option of tracking your order using a tracking number that is sent to you as soon as your package leaves our workshop.

5.4 Delay in delivery

Any delivery delay exceeding eight (8) working days must be reported to our Customer Service as soon as possible (contact@soandso.fr).
If the ordered Products have not been delivered within 30 days from the date of the order, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

5.5 Delivery checks

The Customer is required to check the condition of the delivered products. He has a period of 10 days from delivery to make any reservations or complaints to the delivery person for non-conformity or apparent defect of the delivered Products (for example, damaged package already opened, etc.), with all relevant supporting documents (photos in particular). He must also inform Customer Service by email within this same period: contact@soandso.fr

After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 211-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

We draw the Customer's attention to the fact that the photographs illustrating our Products may appear slightly different from reality due to the Customer's screen settings and the lighting during the shooting.
Furthermore, as these are handcrafted creations, the Products may present irregularities in finish, differences in format and/or shades inherent to this type of manufacturing. The Seller cannot be held liable in this regard.
.
The photographs, graphics and descriptions of the Products offered for sale are only indicative and do not bind the company SP DEVELOPMENT in any way.

Customers can obtain additional information on the Products by contacting SP DEVELOPMENT's Customer Service department by email (contact@soandso.fr).

ARTICLE 6 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 7 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following communication of the decision to withdraw following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the website https://soandso.fr/fr/content/10-formulaire-de-retractation, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous declaration expressing the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made by the same means of payment used by the Customer within a maximum of 14 days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

In accordance with the provisions of Article L121-21-8 of the Consumer Code, the provisions relating to the right of withdrawal do not apply in the event of the supply of goods made according to the Customer's specifications or clearly personalized (custom-made).

You can download the withdrawal form here

ARTICLE 8 - Seller's Liability - Warranty

The Products sold on the website www.soandso.boutique comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:

of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,

the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products.
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

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.

In the event of irregularities in the finish, differences in size and/or shades inherent in the artisanal manufacture of jewelry. These defects cannot be classified as hidden defects and the Product cannot be classified as non-compliant.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

ARTICLE 9 - Data Protection and Freedoms

In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing his order and for establishing invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website www.soandso.boutique has been declared to the CNIL.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

This right may be exercised under the conditions and according to the terms defined on the website www.soandso.boutique.

Article 10 - Archiving

Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with article L. 134-2 of the Consumer Code.
The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the Customer's request.

ARTICLE 11 - Intellectual property

The content of the website www.soandso.boutique is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 12 - Applicable law - Language

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Conditions of Sale are written in French.

In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 13 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Client is informed that he may in any event resort to conventional mediation, in particular with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

ARTICLE 14 - Pre-contractual information - Customer acceptance

The Customer acknowledges having received, prior to placing his order, in a legible and comprehensible manner, these General Conditions of Sale and all the information and details referred to in Articles L111-1 to L111-7, and in particular:

the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
the price of the Products and additional costs (delivery, for example);
in the absence of immediate execution of the contract, the date or period by which the Seller undertakes to deliver the Product;
information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not appear from the context,
information relating to legal and contractual guarantees and their implementation methods;
the functionalities of the digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.

The fact that a natural person (or legal entity) orders on the website www.soandso.fr implies full adherence to and acceptance of these General Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

APPENDIX I - WARRANTY AGAINST LATENT DEFECTS / WARRANTY OF CONFORMITY

Provisions of the Consumer Code:

Article L2114

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Article L2115

To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L2116

The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L2117

Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L2118

The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he contracted. The same applies when the defect originates from the materials that he himself supplied.

Article L2119

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L21110

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:

1. If the solution requested, proposed or agreed upon pursuant to Article L. 2119 cannot be implemented within one month following the buyer's complaint;
2. Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L21111

The application of the provisions of Articles L. 2119 and L. 21110 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.

Article L21112

The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.

Article L21113

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.


Provisions of the Civil Code:
"Art. 1641: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it or would have paid a lower price for it if he had known of them.
"Art. 1642: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
"Art. 1643: He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
"Art. 1644: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded or of keeping the item and having part of the price refunded as determined by experts.
"Art. 1645: If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.
"Art. 1646: If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
"Art. 1647: If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
"But the loss incurred by fortuitous event will be for the account of the buyer.
"Art. 1648, first paragraph: The action resulting from latent defects must be brought by the purchaser, within a short period of time, depending on the nature of the latent defects and the usage of the place where the sale was made."
“Art. 2232: The postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of extinctive limitation beyond twenty years from the day the right arose.
The first paragraph does not apply in the cases mentioned in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. It also does not apply to actions relating to the status of persons.