TOS/CGV

TERMS OF SALES  

 

Preamble

 

 

The company Syrah Studio, a simplified joint stock company, registered with the RCS of Nanterre under the number 891170474 RCS Paris and whose head office is located at 31 avenue de ségur 75007 Paris (“Syrah”) publishes and operates the website www.syrah-paris .com ("the Site"), on which it carries out a retail activity of textile products under the Syrah brand (the "Products"). The sale of products is reserved for non-professional individuals (the "Customer").

 

These General Conditions (the "GTC")

The Customer has the option of accessing them at any time at the bottom of each page of the Site and can save and print them.   By validating the order, the Customer declares that he accepts the GTC without reservation. The T & Cs are supplemented by the Personal Data Protection Policy, the Cookies Policy The Customer is informed that Syrah reserves the right to modify and update the GTC at any time. Any order for Products on the Site (the "Order") is subject to the GTC in force at the time of validation of said Order by the Customer.

 

Subject:

 

Description of the Service

 

Syrah allows, via the Site, the Customer to purchase one or more Products online, in return for payment of the price indicated on the Site. The Customer can find a complete description of each of the Products on the Site, when browsing / on the page of the Product concerned (the “Documentation”). The Products are offered within the limits of available stocks. If one or more Product (s) is unavailable, it cannot be ordered. In the event of unavailability noted by Syrah after the Customer's Order, Syrah will inform the Customer as soon as possible of the additional delivery time of the Order or of the total or partial cancellation of the Order, without obtaining the agreement of it. Where applicable, Syrah undertakes to offer it the partial dispatch of the Order with the available Products and the reimbursement of Products which prove to be unavailable for an indefinite or abnormally long period or the total refund of the Order. The sale of the Products is exclusively reserved for direct consumption. The Customer is prohibited from reselling or repackaging, together or individually, one or more Products. Customers declare to be of legal age and fully capable Syrah reserves the right to request proof of identity attesting to the Customer's age and to cancel the Order of a Customer who does not respond to the request or who does not fulfill the requirement provided for in this clause.  

 

The Products are offered almost Worldwide. For logistical reasons, Syrah is unable to offer delivery of Products in countries none covered by DHL Express.

 

 

 

Access to the Site

 

The Site is in principle accessible by the Customer 24 hours a day, 7 days a week except in the event of force majeure, voluntary or involuntary interruption of the Internet network, whatever the cause, in particular in the event of maintenance. Being subject to an obligation of means, Syrah cannot be held responsible for any damage caused by the unavailability of the Site and / or the non-functioning of the E-shop.

 

Customer account

 

In order to place an order on the Site, the Customer must follow the instructions that appear during navigation and in particular open a customer account (the "Account"). The opening of an Account requires the provision of a certain amount of information by the Customer, namely: his title, his name, his first name, his date of birth and his e-mail address. He will also have to create a personal password. To place an order, the customer must also provide their delivery / billing address, telephone number and bank details. Mandatory information that will be requested from the user is marked with an asterisk. This information is necessary for the creation of the customer account or the processing of his order on the Site. The Services cannot be performed if these mandatory information have not been completed. It is recalled that this personal data is governed by the Personal data policy accessible here.

 

The Customer is responsible for the information he communicates when creating his Account as well as that communicated during any Order. The Customer ensures the accuracy and conformity of the information transmitted to Syrah. The latter cannot be held responsible for the possible consequences of any entry error or provision of incorrect information.  

The Customer will be able to monitor and find the history of his orders and modify his information in the "My Account" section.

 

 

Placing an order

 

The different steps to follow in order to place an order for Products on the Site are as follows: The Customer constitutes his basket. He can browse the Site as he wishes and without having to log into his Account. He can also add one or more Products to his basket. The Customer can add as many Products to his basket as he wishes within the limit of ten [5] identical Products. The contents of the basket are subject to an expiration period of 24 hours. The placing of a product in the basket does not guarantee the reservation of its stock.

 

 

The Customer validates his basket by clicking on "Validate my basket".

He is switched back to a page which summarizes the contents of his basket and allows him to recheck the entirety of the upcoming Order and cancel it if necessary. At this time, if he is not already logged in to his Customer account, the Customer is invited to connect to his customer account or to create his customer account.

 

The Customer who benefits from promotional codes allowing him to obtain a reduction or an advantage on one or more Products or on his entire Order can enter one of these codes before proceeding to payment in the "Promo Code" box. The Order is then updated taking into account the reduction or advantage and the Customer can proceed to payment under the conditions below.

 

The Customer who has validated his basket can choose the delivery method and provide the delivery and billing address for his Order. Once the Customer has validated their delivery information, they can proceed to payment for their Order. To this end, the Customer has the choice between several means of payment, bank cards or Paypal. Once the bank details have been entered, the Customer receives an email confirming that the payment has been accepted and which summarizes all the information of the Order, namely: the products in the basket, their quantity, their price per unit and the total price of the basket, and the delivery address (serving as an invoice) as well as the GTC.

 

The invoice can also be downloaded by the Customer from the "My orders" area of ​​his customer account. On the payment page, the Customer is also invited to accept the GTC by checking the box provided for this purpose. When desired, the Customer can click on the "General Terms and Conditions" and access said GTC. Otherwise, the Customer will not be able to continue the online ordering procedure. The validated basket constitutes the Customer's order (the “Order”).

 

Once confirmation of the Order has been received after proceeding with payment, the Order is considered to be perfect and final. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 7.

 

 

 


Holdings

 

In exchange for a return by the Customer to the shop (with the exception of a return under the right of withdrawal mentioned in Article 9 hereof) a credit note of a value corresponding to the returned product will be generated. .

 

 

The credit note can be used for 1 year after receipt and on all the products offered on the Site. The credits are cumulative between them and can be used in several times.

 

The assets cannot give rise to a refund in cash. Promotional offers Promotional codes and offers apply only to non-discounted base prices unless otherwise instructed by Syrah. Promotional codes cannot be combined with each other. Promotional codes can be used once per Customer account unless otherwise instructed by Syrah.

 

These codes are not refundable during an exchange.

 

 


Prices and payment terms

 

 

The price of each of the Products (the "Price") is indicated on the Site, in Euros, all taxes included, it being understood that the Price corresponds to the price in force on the day of the Order on the Site. The Price can be changed by Syrah at any time. Where applicable, the Customer is informed before he confirms his Order. Payment for the Order can only be made online, by credit card or Paypal. For purchase by bank card, the Customer must indicate his bank card number, the validity date and the security code (last three digits) on the back of the latter. All information that will be given by the Customer will be encrypted. By providing the information relating to his bank card, the Customer authorizes Syrah to debit his account for the total amount of the Order. The Customer guarantees to Syrah that he is fully authorized to use the means of payment for the payment of the Order and that these means of payment legally provide access to sufficient funds to cover all the costs resulting from his Order on the Site. Syrah cannot be held responsible for any fraudulent use of the means of payment used, regardless of their occurrence before or after payment.

 

Syrah reserves the right to cancel any Order as of right without prior notification and without any compensation being due by the latter, whatever its nature and level of execution, in the event of non-payment or non-payment. collection of any sum that would be due by the Customer or in the event of a payment incident or a dispute relating to a payment likely to give rise to fears that the latter would not be able to perform its contractual obligations.

 

The same applies when the Order appears to be suspect, such as in particular due to the number of Products ordered or the number of Orders placed by the Customer in a short period of time, Syrah will inform the Customer as soon as possible. The payment is processed by a secure data encryption procedure.

 

The Customer will receive a payment confirmation by email, which he can print and save if he wishes. It is recalled that this personal data is governed by the Personal Data Protection Policy accessible here.

 

 

Terms and conditions of delivery

 

 

The products are delivered only in the territories indicated in Article 1 and to the address provided by the Customer when ordering, according to the delivery method chosen by the Customer. The delivery of orders placed on the Site will be made via a carrier allowing the Customer to track the delivery of his Order. The Products ordered on the Site are delivered within an indicative period of 5 to 10 working days after shipment of the Customer's order for France and Europe (unless otherwise indicated at the time of the order), for the rest of the world the deadlines different will be applied depending on the geographic area of ​​the shipment.

 

The delivery rates are calculated on the weight and in accordance with our supplier Wing.

Delivery outside mainland France and Corsica is by Colissimo or DHL depending on the destination. The delivery rates areexcluding customs fees or additional taxes if applicable. 

 

In any case, the order is executed within a maximum period of thirty (30) days from the day following that on which the Buyer has validated his order (unless otherwise indicated at the time of the order or pre-order), subject to full payment of the price. In the event of a delay in making the Product available, beyond this 30-day period, after having notified Syrah of the delivery delay and having asked Syrah to make the delivery within a reasonable additional period beyond which Syrah has not made the delivery or has not offered solutions in case of unavailability of the product, the Customer will benefit from the possibility of canceling his order by registered letter with acknowledgment of receipt or by writing on another durable medium addressed to Syrah.

 

If the Customer refuses delivery, does not take delivery (in particular in the absence of the latter or of a representative thereof) or if the delivery cannot be made due to incorrect or incomplete information provided by the Customer, Syrah will be entitled to claim payment of all additional costs, in particular for making a new delivery. The transfer of risk takes place on delivery of the package to the Customer. However, it is up to him to make any claim in accordance with the provisions of Article 8 below to allow Syrah to assert its rights with the carrier.

The content of the Order remains the property of Syrah until full payment of the price thereof.

 

 

 

Right of withdrawal (Returns)

 

 

In accordance with the French Consumer Code, the Customer has a period of 14 (fourteen) days from the day of receipt of the Product ordered to exercise his legal right of withdrawal and thus return said Product to Syrah. However, taking into account the very nature of the Products, the Customer acknowledges that in accordance with the provisions of the Consumer Code, he cannot exercise his right of withdrawal on Products that have been worn, washed, or with the label detached after their delivery and which cannot therefore be marketed again by Syrah because of the hygiene or health protection risks they present for Customers.   To make a return, the Customer should indicate to Syrah his wish to withdraw by sending any unambiguous declaration expressing your wish to withdraw or the attached withdrawal form by email to the address hello@syrah-paris.com, or within the time frame indicated, to receive return instructions. It is then up to the Customer to return the Products by Syrah Post at his expense, in their original packaging and condition, new, unworn, unwashed and suitable for re-marketing, as soon as possible and within the limit fourteen (14) days from his notification of the exercise of his right of withdrawal and to have the proof of deposit stamped, which he will keep. In the event that the right of withdrawal is exercised in accordance with the above provisions (deadline and terms of return), Syrah will reimburse the Customer for all sums paid, when Syrah has received the Products or proof of the shipment of said Products by the Customer, the date selected being that of the first of these facts. The refund will be made by refunding the amount debited to the account corresponding to the Customer's means of payment which was used to pay for the order on the Site. Conversely, if the Product is not returned by the Customer within fourteen (14) days of receipt of the Product, or if the Product is not returned in the condition described above (by example if a Product has been damaged or used), Syrah reserves the right to refuse this return and not to reimburse the Customer.

 

 

 

Complaints / Customer Service

 

 

For any information or general question, an FAQ is available on the Site. For any specific question or complaint, Syrah provides the Customer with Customer Service by email: hello@syrahstudio.com The average response time is 3 working days.

 

 

Guarantees

Lack of conformity and hidden defects

 

All the products for sale on the Syrah site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and from the guarantee against hidden defects (as defined in articles 1641 and following. of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge. To enable Syrah in particular to take any action against the service provider in charge of delivery, the Customer is required to notify Syrah of any reservations regarding the package and the Products (for example: damaged package, already open, missing parts) in the week following receipt of the Product via photos.   In addition, the Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects:   Article 1641 of the Civil Code: "The seller 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 so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. "   Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. "   As part of the legal guarantee against hidden defects, Benda Bili, at the choice of the Customer, undertakes, after evaluation of the defect: - Either to reimburse the full price of the returned Product, - Or to reimburse him for part of the price of the product if the Customer decides to keep the Product.

 

 

11.3. Exclusion of guarantees

 

Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.

 

 

Modalities

 

To implement these two guarantees, it is up to the Customer to send a complaint to Syrah by email demonstrating the non-compliance and / or the hidden defect of a Product. Concerning the demonstration of the hidden defect in particular, the Customer must demonstrate the following elements: (i) a hidden defect, that is to say not apparent when ordering, (ii) rendering the Product unfit for the use for which it is intended or very strongly reduced its use and which (iii) existed at the time of the order. It is specified that do not fall within the scope of these guarantees, alterations of colors or the appearance of spots, breakdowns, malfunctions or breakages resulting from a fall, a fortuitous event or force majeure. , improper handling, lack of maintenance by the Customer or non-compliance with the rules of use and maintenance of the Products. If the Product is found to be defective, the Customer will have the choice of keeping said Product and requesting a reduction in price or returning the Product and being reimbursed; either replace said product with an identical product depending on available stocks. Any return of Products (non-compliance or defect) is carried out in accordance with the conditions for returning Products as provided below in the article "Rights and withdrawal periods".  

 

 

Intellectual property

 

All the elements reproduced on the Site, and in particular but not exclusively the texts, comments, works, illustrations, images, photographs and brands are protected by intellectual property belonging to Syrah or its partners. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.

 

 


Signature and proof

 

Syrah implements the necessary means to protect the personal information of Customers by ensuring a high level of security, but the Customer also has a role in the protection of his personal data. The Customer must in particular maintain the security of his online transactions, for example by not communicating his Identifiers to anyone and by regularly changing his password. As such, Syrah cannot be responsible for the disclosure of information concerning the Client to any individual who has used his identifier (Client's email address) and / or his password. The use of the Identifiers will constitute proof of his identity, and exigibility, upon validation of the order, of the corresponding amounts. The provision of the bank card number and the final validation of the subscription of an order for Products will constitute proof of acceptance of the said order and will be worth due to the sums committed under the order. The computerized registers, kept in the computer systems of Syrah and its partners will be considered as proof of communications, Orders and payments between the Parties. The Customer acknowledges that the exchanges between him and Syrah will be mainly electronic (by electronic mail) except in the particular cases presented provided for herein or required by law and expressly accepts that the invoices are sent to him by email. The archiving of information relating to orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1358 of the Civil Code. It is understood between the parties that the choice of mode of exchange and signature constitutes an agreement on proof within the meaning of Article 1368 of the Civil Code. Information attached to an order for an amount equal to or greater than € 120 is kept for 10 years.

 

 

Deactivation of the customer account

Failure by the Customer to comply with the obligations subscribed to under these General Conditions, any fraudulent incident of payment of the price of an order, acts contrary to the law in the interests of Syrah, the communication of erroneous information during the creation of the account, may result in the suspension of access to the Site, or even the termination of his account, of an order depending on the degree of seriousness of the acts in question, without any claim for damages or compensation, whoever they are, to Syrah.

Syrah reserves the right to refuse any order from a Customer with whom there is a dispute of this nature, even if the latter uses a new account. Syrah cannot then be held responsible for the damage suffered by the Customer.

 

 

 

 

Responsibility

 

Syrah can under no circumstances be required to verify the legal capacity of its Customers. Consequently, if a Customer who does not have legal capacity wishes to order on the Site, his legal representatives (parents, guardians, in particular) assume full responsibility for this Order and must in particular honor the price thereof.

 

 

Syrah undertakes to provide its best efforts for the purposes of the proper performance of the obligations resulting from the contract. Within the limits provided for by law, Syrah's liability is limited to direct material damage, to the exclusion of any indirect damage of any kind. Syrah cannot be held liable for any damage suffered by the Customer or by a third party resulting directly or indirectly from the non-compliance by the Customer with any of its obligations, negligence or use of the Products. non-compliant in particular for purposes other than those indicated on their packaging or on the Site, non-compliance with maintenance conditions or in the event of delay or failure to fulfill its obligations due to a cause beyond its control such as a fortuitous event or case of force majeure as defined by the French Courts. In addition, Syrah cannot be held liable in the event of minor differences between the image of the Products or the texts displayed on its Site and the Products delivered.

If the Site contains information from third parties and links to other Internet sites, Syrah does not control the accuracy of the information contained therein or their content. Consequently, Syrah can in no way be held liable for damages resulting from the use, access to, or inability to use this third-party information, or the content of other websites with the exception of indications relating to the composition and manufacturer of cosmetic products.

The total amount of compensation and any sum charged to Syrah for any order may not exceed the total amount of the price paid by the Customer for the relevant Order. Any claim against Syrah must be made within one month of the occurrence of the event that is the subject of the claim.

Notwithstanding the foregoing, the limitations of liability are inapplicable in the event of fraud or gross negligence, in the event of bodily injury or liability for defective products, in the event of eviction and in the event of non-compliance or hidden defects. .

 

 

15.6 Syrah makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a feature of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content made by the Customer, software used by the latter to download content, from the Site or from the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.

 

The Customer acknowledges that he assumes all the risks related to any content downloaded or obtained in any other way through use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.

 

Syrah Studio is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same type and which can be reasonably expected.

 

 

Personal data

 

All the information in your Account is only used in the context of your commercial relationship with www.syrah-paris.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are fully processed by Paypal or by the secure payment module of our partner PayPlug. The Site uses cookies (cookies) of which the user is informed when they arrive on the website, which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, continuing to browse the website constitutes acceptance. The user can object to the use of these cookies by setting his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.

 

 

General provisions

At any time Syrah may decide to place advertising space on the Site. Syrah enjoys complete freedom when it comes to the choice of its advertisers, its partners, the types of display of advertisements, and also their position on the Site.

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.

The T & Cs as well as the execution of the Order are subject to French law. Any dispute relating to the execution of the Order or the interpretation of these GTCS may be brought before the consumer mediator, as provided for by provisions L611-1 and following of the Consumer Code and on the Site. In the absence of agreement through this procedure, the dispute will be submitted to the competent court of the place where the Customer resides, or the place of performance of the service or the place of the damaging event or that within the jurisdiction of which the damage was suffered, at the option of the Customer.

 

 

 

 

Mediation

 

The sale of the Products is subject to French law.

 

 

The Client can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

 

In the absence of amicable resolution, any dispute relating to the interpretation of the GTC, to the execution or termination of a sale, to the interpretation, execution or termination hereof is subject, in the absence of agreement amicable, to the legally competent courts.

 

 

ANNEX 1

 

 

 

Withdrawal form

 

(Article L221-21 of the Consumer Code)

 

 

For the attention of Syrah Studio, 31 avenue de Ségur 75007

 

 

I hereby notify you of my withdrawal from the contract for the sale of the property (s) below:

 

Order receipt date: ______ / ______ / ______

 

Customer name and first name: ____________________________________________________

 

Number and street : ______________________________________ ___________________________

 

ZIP code :___________________________________________

 

Article number: _________________

 

Article number: _________________

 

Article number: _________________

 

 

Date and signature of the client:

 

 

 

 

For any information, you can contact Customer Service at hello @ syrah-paris

 

 

 

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