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General Terms and Conditions of Sale
1. Preamble
www.en.sessun.com (hereinafter referred to as the "Site") is published by Sessùn SAS, a company with a capital of 60,192 euros, registered with the Marseille Trade and Companies Register under number B 429 204 282, whose registered office is located at 1 Rue du Capitaine Dessemond, 13007 Marseille and whose intra-Community VAT number is FR35429204282.
These general terms and conditions of sale (hereinafter "GTCS") apply to any purchase of products for sale on the Site (hereinafter "Items") selected by any purchaser consumer for their own use (hereinafter the "Customer") via the Site's electronic ordering platform (hereinafter an "Order") from Sessùn (hereinafter "Sessùn"). They are accessible on the Site on a permanent basis.
Sessùn reserves the right to amend or update these GTCS at any time. The GTCS applicable to a transaction are those that appear online on the Site at the time of the Order in question. Any Order constitutes unconditional acceptance of the GTCS. Acceptance of these GTCS is established by clicking on the acceptance button provided for this purpose before an Order is confirmed, the details of which are set out below.
The GTCS represent the entire contractual relationship between the parties and prevail over any other document exchanged between the parties, regardless of the date of transmission to Sessùn. Any special conditions that depart from or supplement the General Terms and Conditions of Sale must be accepted in advance and in writing by Sessùn.
2. Scope of application
The sale of Items on the Site is reserved exclusively for retail and private customers.
Under no circumstances may the Site be used by professional sellers, individually or collectively, regardless of the method of marketing their products (Internet marketplaces, shopping malls, intermediaries, physical stores, etc.). Professional sellers should contact Sessùn's sales department directly.
The Customer acknowledges and therefore accepts that Items may only be purchased in quantities corresponding to the average needs of an individual consumer, both in terms of the number of items ordered in a single order and the number of individual orders, such quantities being consistent with the typical order for an average consumer, placed for the same product. Sessùn reserves the right to refuse an order that has obviously been made by a professional seller customer.
Sessùn reserves the right to close any customer account and consequently to refuse any sale to any Customer in the following situations:
- Failure to pay for one or more previous Orders,
- Non-compliance with any of the Customer's obligations as defined in the GTCS.
The Customer will be informed by email of the closure of their customer account and the deactivation of their login and password.
Similarly, the Customer may at any time inform Sessùn by email of their intention to close their customer account.
3 Availability of Items
Items are for sale as long as they are displayed on the Site. Offers are only valid within the limit of available stock. In the event of the partial or full unavailability of an Item once an order has been placed, the Customer shall be informed by email of the unavailability of the Item as soon as possible and of the partial or complete cancellation of their Order.
Sessùn takes great care in presenting and describing all its products to provide the best possible information to the Customer. Despite our best efforts, however, minor errors may occasionally appear on the Site.
4. Orders
The procedure for placing an Order on the Site is subject to compliance with the various steps that the Customer must follow to validate their Order.
The Customer selects the Item(s), and if applicable the size and quantity they wish to purchase, on the Site by clicking on "Add to Cart".
When the Customer wishes to confirm the Order, they must click on "Order" from the Shopping Cart page.
The Customer must then log in. When creating an account, they must complete the form provided for this purpose under the "Create Account" option (last name, first name, e-mail address, postal address, telephone number), this information being required for the processing and delivery of Orders and the preparation of invoices. The Customer must read the privacy and personal data processing policy and tick the box provided for this purpose. If the Customer already has an account, they will need to enter their username and password to log in.
The Customer then selects the box that corresponds to the desired delivery method. The price for each delivery method is shown.
The Customer then sees an Order summary containing the price of the Items, the quantity requested, the unit cost of each Item and the delivery method and cost. At any point in the process, the Customer may modify their Order and correct any errors.
The Customer pays by choosing the payment method and filling in the necessary fields. By clicking on the "Place your order" button the customer accepts all the General Terms and Conditions of Sale.
The Order is then placed and cannot be modified, without prejudice to the application of the article in these GTCS relating to the right of withdrawal. Upon receipt of payment for the Order, Sessùn sends a confirmation email summarising the Order (Items, price, quantity, etc.). The Order and invoice can be found in the "My Account" section.
5. Prices and payment terms
Unless otherwise stated, the selling prices of the Items are shown in euros (€) and include all taxes (including VAT, which may differ according to the invoicing country).
These prices do not include any additional shipping costs. Those costs are specified before the Order is placed by the Customer and are listed separately in the Order summary. The total price of the Order (including all taxes and shipping costs) is displayed in the shopping cart and in the Order summary.
The Site lists the different shipping methods under the "Delivery" section. The Customer selects a shipping method when placing the Order.
For sales outside the European Union, prices are given FOB from Paris. The customer is responsible for customs clearance and the payment of any duties or taxes.
Sessùn reserves the right to modify its prices at any time, but the Items shall be invoiced at the prices applicable at the time the Order is placed, subject to availability.
Payment for purchases is made via the secure CIC payment / PayPal platforms. The Customer expressly acknowledges that by providing Sessùn with their bank card number, they authorise the debit of their account for the amount of the Order.
The data recorded and stored by Sessùn constitutes proof of the order and of all transactions made. The data recorded by CIC / PayPal constitutes proof of transactions.
6. Delivery
Delivery can only be made to the countries listed in the "Frequently Asked Questions / Delivery" section.
During the Order process, the Customer can choose between several available delivery methods.
Delivery is made according to the delivery method chosen by the Customer, as indicated in the Order confirmation. The times indicated on the website are estimates (delivery times may be longer during the launch of a collection or sales promotions) and are based on average processing and delivery times. Sessùn shall not be held responsible for any consequences arising from delayed delivery provided that it can prove the delay can either be attributed to the Customer, an unforeseeable and insurmountable act by a third party to the contract, or a force majeure event.
Delivery is made to the delivery address specified by the Customer, it being understood that this must be the residential address of the Customer, a physical person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or post boxes.
Orders are shipped on average within 24 (twenty-four) hours, but this can be extended to 10 (ten) business days. To ensure that these deadlines are met, the Customer must be sure to provide full and accurate information in respect of the delivery address (including, where applicable, street number, building number, stairway number, access codes, names and/or intercom numbers, etc.).
Sessùn will deliver orders within a maximum of 14 (fourteen) working days for delivery to Metropolitan France and 20 (twenty) working days for international delivery from the day following order confirmation. If the delivery time is not met and not justified by force majeure, the Customer may request cancellation of the sale and obtain a refund of the amounts paid for the sale within a maximum period of 14 (fourteen) days following the date on which the agreement is terminated.
7. Right of withdrawal
The Customer has a right of withdrawal for a period of 15 (fifteen) days from receipt of the Order.
The Customer must express to Sessùn their wish to withdraw, by placing a return request on the website, which they do by clicking on "Return one or more products" in the "My account/My Orders" space, or by sending a withdrawal form to Sessùn’s headquarters, at the following address Sessùn - Customer Service Department, 1 Rue du Capitaine Dessemond, 13007 Marseille, France. In the latter case, Sessùn will immediately send the Customer by email an acknowledgement of receipt of the withdrawal.
WITHDRAWAL FORM
For the attention of the Sessùn Customer Service Department, 1 Rue du Capitaine Dessemond, 13007 Marseille, France - hello@sessun.com
I hereby notify you of my withdrawal from the contract for the sale of the goods (Item(s) returned)/for the provision of services (*) below:
Order date:
Order number:
Customer name(s):
Customer address(es):
Returned item(s):
Customer signature(s) (only if this form is submitted on paper):
Date:
The Customer must then return the Items to Sessùn within 14 (fourteen) days following the communication of their decision to withdraw. Items must be returned in their original packaging, in their original condition: unworn and unwashed.
Lingerie products such as bodysuits, socks and other items of lingerie cannot be returned or exchanged.
Customers from countries outside mainland France shall bear the full shipping costs of return.
To return a product, the Customer must follow the procedure set out in the "Frequently Asked Questions / Returns and Refunds" section.
For a full return, all amounts paid by the Customer shall be refunded by Sessùn using the same means of payment as that used for the payment of the Order, no later than 14 (fourteen) days after Sessùn is notified of the Customer's decision to cancel the order. Refunds may be delayed until the Items are recovered or until the Customer has provided proof of shipment of the Items, depending on which of the two dates is the earliest. Sessùn is not required to pay any additional costs resulting from a delivery method that is more expensive than the standard delivery method. The return costs are borne by Sessùn if the Item delivered is different from the Item ordered or is damaged. If the Customer fails to comply with these GTCS, specifically the conditions governing returns, Sessùn cannot proceed with the refund for the Item(s) concerned.
For returns from countries outside the European Union: returns must be sent via a parcel service (as a regular parcel). The customer must complete a CN23 Customs Declaration, provide a description of the goods and tick the box "Return of goods" in the "category of shipment". The Customer must also submit the invoice for the Order in question, to prove that the goods are one and the same.
8. Guarantees and claims
Complaints: Upon receipt of the Item(s), the Customer shall immediately check the condition and conformity of the Item(s) with the Order, including the quality and quantity of the Item(s) and their characteristics. If the Items are not consistent with the Order or are damaged, the Customer must submit any reservations/complaints to the carrier or refuse delivery if the package is opened or damaged, and address a complaint by registered letter to Sessùn - 1 Rue du Capitaine Dessemond, 13007 Marseille, France or by email to hello@sessun.com, within 15 (fifteen) days of the date of delivery. The Customer must specify and justify in full the reason for the complaint. No claims will be considered if the use of the items is deemed unreasonable. No returns made spontaneously, without Sessùn's approval, will be accepted, except in the event the right of withdrawal is being exercised.
Legal guarantee: The Items sold are also covered by the legal compliance guarantee provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the guarantee relating to defects of items sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of Article L. 217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the said French Consumer Code and Article 1641 and the first paragraph of Article 1648 of the French Civil Code are hereinafter reproduced in full.
Article L. 217-4 of the French Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any non-conformity found at the time of delivery.
The seller shall also be liable for any non-conformity caused by the packaging, assembly or installation instructions when such responsibility is stated in the contract or when it has been carried out under their responsibility.”
Article L. 217-5 of the French Consumer Code
“The goods comply with the contract:
1. If they are suitable for their intended use and, if applicable:
- if they correspond to the description given by the seller and have the same qualities as those provided by the latter to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect based on the information publicly provided by the seller, the producer or their representatives, including in advertising or labelling;
2. Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, which is known to the seller and which the latter has accepted."
Article L. 217-12 of the French Consumer Code
“Any claim for non-compliance must be filed within two years of delivery of the goods.”
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee against hidden defects in the product sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if they had been aware of them.”
Article 1648 paragraph 1 of the French Civil Code
“Any claim for unacceptable defects must be filed by the purchaser within two years of discovery of the defect.”
Except as provided for in these GTCS, Articles sold cannot be returned or exchanged.
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When acting in accordance with the legal compliance guarantee, the consumer: |
9. Liability
Sessùn only has a best endeavours obligation for all stages of Site access, from the Order process to the shipment of the parcel or subsequent services. Sessùn cannot be held liable for any inconvenience or loss incurred as a result of using the Internet, including but not limited to network failure, unauthorized access or computer viruses, or any event deemed to be force majeure, in accordance with the law and jurisprudence.
10. Personal Data
When entering their personal data, the Customer must ensure that the data provided is accurate and complete. If there are any errors in the recipient's contact details as entered, Sessùn cannot be held responsible for any failure to deliver the Order.
Sessùn collects personal data concerning the Customer at the time of registration for the purposes of any Order which may be placed on the Site. This data is only used within the framework of Sessùn's commercial relationship with its Customer in accordance with the privacy and personal data processing policy, which also specifies the rights that the Customer has regarding their personal data as collected and processed by Sessùn.
11. Retention of ownership
The Item(s) ordered remain the property of Sessùn until full payment of the price by the Customer, in principal and any related costs. In the event of non-payment on the agreed due date, Sessùn reserves the right to take all necessary measures to recover the Item(s).
12. Force Majeure
If there occurs an event of force majeure, the party concerned must inform the other within 15 (fifteen) days of the occurrence of the event, by registered letter with acknowledgement of receipt. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than 3 (three) months, the Order concerned may be automatically cancelled without compensation for any of the parties.
13. Applicable law – Mediation – Competent court
These GTCS are governed by French law.
In the event of a dispute over an Order covered by these GTCS, the Customer must send their claim in writing to Sessùn by email to hello@sessun.com or by post to Sessùn's registered office, specifying and justifying in full and in writing the grounds for the claim.
If the issue is not resolved after such a claim, the Customer has the option of using an alternative method to settle the claim.
The Customer is entitled to call upon a consumer ombudsman free of charge (excluding any lawyer and consultancy fees) to resolve the dispute between the Customer and Sessùn amicably, provided that (i) the Customer has previously attempted to resolve the dispute directly with Sessùn by way of a written claim as indicated above, (ii) their claim is well-founded, and (iii) the dispute has not been examined by any other ombudsman or by a court. The Customer has a period of 1 (one) year from the date of their written claim to Sessùn to submit their request to the ombudsman.
The Customer may send their request by post to the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), at the following address: CM2C, 14 rue Saint Jean, 75017 Paris, France
or
- by email: contact@cm2c.net
or
- online at: www.cm2c.net
For any further information on the mediation procedure, the Customer can visit CM2C's website (http://www.cm2c.net) or contact CM2C directly by telephone on +33 (0)1 89 47 00 14.
The Customer can use the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/.
In the event of a dispute relating to an Order or to the application of these GTCS, the Customer may refer the matter either to one of the territorially competent courts under the French Civil Procedure Code, or to the court of the place in which they were residing at the time of the conclusion of the contract or when the prejudicial event took place.