CGV

GENERAL CONDITIONS OF SALE

I. APPLICATION OF THE GENERAL CONDITIONS OF SALE

These general terms and conditions of sale (the “GTC”) apply to all orders for products and services placed via the site www.siamoise.fr (the “Site”) from the company SIAMOISE (the “Products”) by any person (the “Customer”).

The Customer must read the T&Cs prior to any order (the “Order”), the T&Cs being available on the Site.

SIAMOISE reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale is the one appearing online on the Site at the time of the Order.

Accordingly, Validation of the Order by the Customer constitutes full and complete acceptance of these General Terms and Conditions, accessible at any time on the Site.

II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.siamoise.fr is an e-commerce site that is owned and operated by the company SIAMOISE.

The Site is in principle accessible 24 hours a day, 7 days a week, except for scheduled or unscheduled interruptions, for maintenance or security reasons or in the event of force majeure (as defined below). SIAMOISE cannot be held responsible for any damage resulting from the unavailability of the Site.

SIAMOISE does not guarantee that the Site is free from anomalies, errors or bugs, nor that the Site will operate without interruption. It may freely determine at its sole discretion any period of unavailability of the Site or its content. SIAMOISE cannot be held responsible for data transmission problems or network unavailability.

SIAMOISE reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Customer may be informed of the modifications, but their acceptance is not requested.

III. REGISTRATION ON THE SITE

To place an Order, the Customer can choose to create an Account on the Site or order as a guest, without the obligation to open an Account.

Registration is validated by SIAMOISE after verification of the form completed by the Client. The latter receives a confirmation email.

When creating their Account, the Customer undertakes to provide accurate and complete information and to keep it up to date. In the event of an error in the recipient's contact details, SIAMOISE cannot be held responsible for the impossibility of delivering the Products.

To facilitate registration or connection to the Site, the Customer can pre-fill the form using the “Facebook Connect” option. For more information on Facebook’s management of personal data, the Customer can consult Facebook’s privacy policy at www.facebook.com.

By registering on the Site, the Customer declares that they are of legal age and have the legal capacity to enter into a contract.

SIAMOISE may delete an Account at any time, for any reason, in its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day of consultation by the Customer, within the limits of available stocks. These details are updated in real time. However, an update error, whatever its origin, does not engage the responsibility of SIAMOISE. In this regard, SIAMOISE cannot be held responsible for the cancellation of an Order due to stock exhaustion.

SIAMOISE takes the greatest care in the presentation and description of the Products to best inform the Customer. However, it is possible that errors may appear, which the Customer acknowledges and accepts.

Due to the artisanal nature of certain manufacturing steps, including washing, assembly or pattern printing, each piece may present slight differences. Variations in color, wear after washing or pattern alignment may therefore exist from one Product to another. These particularities cannot be considered as defects and cannot engage the responsibility of SIAMOISE.

If the part received does not meet the customer's expectations, the customer can freely follow the exchange procedure via our Return Portal to receive a new part free of charge. The customer can also opt for a refund by following the standard return procedure for refund, within fourteen (14) days of receipt of the Product.

SIAMOISE does not guarantee the accuracy or security of any information transmitted or obtained through the Site.

It is possible that the Customer may receive, following an Order, a part previously returned by another customer. SIAMOISE specifies that only intact and unworn Products are returned to stock after inspection.

V. ORDERS

The taking of an Order on the Site is subject to the procedure established by SIAMOISE, comprising successive steps until validation of the Order.

The Customer may select as many Products as they wish, which are added to their shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen, their prices and any associated fees. The Customer may freely modify the Shopping Cart before validation. Validation of the Order constitutes confirmation of acceptance of the General Terms and Conditions, the Products chosen, their prices and any associated fees.

A confirmation email summarizing the Order (Products, price, availability, quantity, etc.) is sent to the Customer. The Customer expressly accepts the use of email for Order confirmation. Invoices are available in the “My Account” section of the Site.

VI. REFUSAL TO PROCESS AN ORDER

SIAMOISE reserves the right to remove any Product from the Site at any time and to modify any content or information contained therein. Despite its best efforts, SIAMOISE may refuse to process an Order even after sending the confirmation email.

SIAMOISE cannot be held responsible for the harmful consequences of the withdrawal of a Product or the refusal to process an Order after confirmation.

SIAMOISE may also refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or in the event of objective suspicion of fraud.

VII. PRICE AND PAYMENT TERMS

The prices of the Products are indicated on the Site in euros for Europe, in pounds sterling for the United Kingdom and in US dollars for the United States, including VAT but excluding customs fees or other taxes, payable by the Customer.

The Products are invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.

Payment for purchases is made in cash at the time of the Order, via PayPal or via the secure payment platform Shopify Payments.

The communication of the Customer's bank details constitutes authorization to debit the total amount of the Order. In the event of non-payment, a cancellation notification will be sent to the Customer.

The data recorded by SIAMOISE, PayPal or Shopify Payments constitute proof of the transactions between the Customer and SIAMOISE.

Some promotional offers are subject to a minimum number of items. For example, the "-20% off when you buy 3 or more items" offer is only applicable if the Customer actually keeps at least 3 items.

VIII. DELIVERY

Deliveries are made by Chronopost and Colissimo from Monday to Friday.

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.

When SIAMOISE takes care of the shipment, the risk is transferred to the Customer at the time of Delivery. If the Customer chooses a carrier, the risk is transferred upon delivery of the Products to this carrier.

Delivery is made to the address indicated by the Customer, which must be the residential address, that of a natural person of their choice or of a company. Delivery cannot be made to hotels or PO boxes.

In the event that delivery is not possible due to an incorrect address or failure to collect the package, no reshipment will be made without the express request of the Customer and confirmation of their contact details.

If the Customer refuses delivery or does not collect the package, and then requests a refund, this will be made within twenty (14 to 20) days from the return of the package or the notification of its refusal to reship by the customer, less costs (variable depending on the geographical area) applied by the carrier to repatriate the package sent to our workshop.

SIAMOISE delivers in principle within five (5) working days in mainland France and within ten (10) working days internationally. These deadlines may be extended by ten (10) days the day after the launch of a collection or between November 23 and December 31, as well as for pieces purchased on pre-order (controlled manufacturing).

In the event of a delay, the Customer may request cancellation of the sale and reimbursement of the sums paid. SIAMOISE cannot be held responsible for any damage resulting from a delay in delivery.

IX. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS

9.1 Right of withdrawal

Due to our very short preparation time, we cannot guarantee the possibility of canceling an Order before its receipt. However, in accordance with Articles L221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal, without having to justify his decision.

In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

• jewelry, underwear, bodysuits and swimwear, for reasons of hygiene and health protection;
• any confection or creation SIAMOISE for which you have requested a retouch (whether paid or offered by our workshop).

The exercise of the right of withdrawal can be carried out by following the procedure for reimbursement;

In the event of a partial return of an Order that benefited from a conditional discount (such as the “-20% off when you purchase 3 items” offer), if the number of items kept falls below the minimum required, the discount initially applied can no longer be applied.APPLY.The refund amount will then be adjusted accordingly to reflect the actual price of the items kept without the discount.

9.2 Return procedures

Upon receipt of the package, the Customer must choose one of the two proposed procedures:

1. Return Portal for Credit/Exchange : return shipping free.
2. Refund Form : return costs to be borne by the Customer.

Once a procedure is chosen, it cannot be changed.

The return must be made within fourteen (14) days of receipt of the last item of the Order, in its original packaging, in perfect condition, unworn and unwashed.

9.3 Refunds

Refunds are made using the same payment method as that used when placing the Order, unless expressly agreed otherwise by the Customer, within fourteen (14) to twenty (20) working days after receipt of the return.

When a customer expressly chooses the "credit/exchange" procedure, including the free return label, they agree to waive the refund in favor of a credit or an exchange. This choice is informed and explicit and can no longer be converted into a refund after validation of the return and use of the free label.

The reimbursement of an Order paid for with a gift card or credit note will be made exclusively in the form of a credit note.

Return costs are the responsibility of SIAMOISE if the delivered Product is non-compliant or damaged.

X. WARRANTIES – LIMITATION OF LIABILITY

10.1 Limitation of liability

The responsibility of SIAMOISE is strictly limited to the purchase price of the Product. It cannot be held responsible for indirect losses, such as loss of income, profits, contracts, data, moral damage or loss of opportunity.

SIAMOISE does not guarantee the absence of computer viruses on the Site and recommends that the Customer protect their computer equipment.

10.2 Legal guarantees

All Products benefit from:

• of the legal guarantee of conformity (articles L217-4 et seq. of the Consumer Code),
• of the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).

Legal guarantee of conformity:

• two (2) years from delivery of the Product;
• choice between repair or replacement, except in the event of disproportionate cost;

Guarantee against hidden defects:

• action within two (2) years from the discovery of the defect;
• full or partial refund according to the Customer's choice.

For any request, the Client can contact hello@siamoise.fr.

10.3 Force Majeure

In case of force majeure, SIAMOISE informs the Client within fifteen (15) days. The obligations of the parties are suspended for the duration of the event. If the force majeure lasts more than three (3) months, either party may terminate the transaction without compensation.

XI. RESERVATION OF OWNERSHIP

SIAMOISE retains ownership of the Products sold until full payment of the price. In the event of non-payment, SIAMOISE may claim the Products sold, without legal formalities.

XII.PARTIAL DISABILITY

If a clause of these T&Cs is declared invalid, the other provisions remain in force.

XIII. NON-WAIVER

No tolerance or inertia of SIAMOISE cannot constitute a waiver of its rights.

XIV. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION

Sales are subject to French law.

In the event of a dispute, the Customer must contact customer service: hello@siamoise.fr

In the absence of an amicable resolution, the Client may use the following mediator free of charge:

CM2C
49 Rue de Ponthieu
75008 Paris
Site : https://www.cm2c.net

The Client may also contact the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/

In the event of failure, the French courts have jurisdiction.

LEGAL INFORMATION

SIAMOISE, a simplified joint-stock company with capital of €500, registered in the Versailles Trade and Companies Register under number B908164726, whose registered office is located at 35 Avenue des Etats-Unis, 78000 Versailles, France.

The publication director is Jonathan Partouche, legal representative of SIAMOISE.

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PERSONAL DATA AND COOKIES

In accordance with Regulation (EU) 2016/679 (GDPR) and the amended Data Protection Act, SIAMOISE collects and processes Customers’ personal data as part of its business activities. Detailed information is provided in the Privacy Policy available on the Site.

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