GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Last update: 21/11/2024

Article 1 - LEGAL NOTICE

This site, accessible at the URL sophie-cooper.com, is published by:

Sophie Cooper, a company operating in the e-commerce sector.

(hereinafter referred to as the “Operator”).

The Operator can be contacted at the following e-mail address: contact@sophie-cooper.com.

Article 2 - DEFINITIONS

  • “Customer”: Any natural or legal person, private or public, registered on the Site.

  • “User”: Any natural or legal person, private or public, who accesses the Site.

  • “Product”: Goods or services offered by Sophie Cooper on the Site.

  • “Site”: The website accessible at the URL www.sophie-cooper.com, including sub-sites, mirror sites, portals, and related URL variations.

Article 3 - GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

The general terms and conditions of sale (the “Terms and Conditions” or “T&C”) apply exclusively to the online sale of Products offered by the Operator on the Site.

The T&C are made available to Customers on the Site, where they can be consulted directly, and may also be communicated upon request by any means.

The T&C are binding on the Customer, who declares to have read and accepted them by checking a box or clicking the appropriate button before placing an order. The validation of the order by its confirmation constitutes acceptance by the Customer of the T&C in force on the date of the order, which are stored and reproduced by the Operator.

Article 4 - DESCRIPTION OF THE PRODUCTS

The Products presented on the Site are described (by the supplier or via a link to the manufacturer’s website) with their essential characteristics. The photographs illustrating the Products, where applicable, are not contractual. The user manual, if essential, is available on the Site or provided upon delivery. The Products comply with French legal requirements.

The Customer remains responsible for the conditions and consequences of access to the Site, particularly via the Internet. Such access may involve the payment of fees to technical service providers such as Internet service providers, which remain the responsibility of the Customer. In addition, the Customer is required to provide and assume full responsibility for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that their computer configuration is secure and operational.

Article 5 - ORDERS

The Operator undertakes to ensure optimal availability of its Products. Product offers are valid within the limits of available stocks.

If, despite the Operator’s best efforts, a Product becomes unavailable after the Customer’s order, the Operator will inform the Customer by e-mail as soon as possible, and the Customer may choose between:

  • delivery of a Product of equivalent quality and price to that initially ordered, or

  • reimbursement of the price of the Product ordered within thirty (30) days of payment of the sums already paid.

It is agreed that, apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is attributable to the Operator.

Unless otherwise provided in these Terms and Conditions and subject to the right of withdrawal provided by applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the desired Products, add them to the cart, and indicate the selected Products and quantities. The Customer may review the details of their order and the total price, and return to previous pages to correct the contents of their cart before validating it.

The Customer undertakes to read the Terms and Conditions in force before accepting them and to confirm the delivery terms and any applicable charges before payment. Order confirmation constitutes acceptance of the T&C and constitutes the contract.

A copy of these Terms and Conditions, as accepted by the Customer, will be sent by e-mail at the time of order confirmation for the Customer’s reference.

The contractual information relating to the order (including the order number) will be confirmed by e-mail promptly and no later than the time of delivery. The Operator strongly advises the Customer to print and/or save this order confirmation on reliable and durable media as proof. A digital invoice is available in the “My Account” section. The Operator also strongly advises the Customer to print and/or save this invoice on reliable and durable media as proof.

Any e-mail sent to the Customer concerning an order will be sent to the e-mail address used by the Customer to access their account.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, including where:

  • The Customer does not comply with the Terms and Conditions in force at the time of the order;

  • The Customer’s order history shows outstanding amounts from previous orders;

  • A previous order by the Customer is the subject of an ongoing dispute;

  • The Customer has not responded to a request for order confirmation sent by the Operator.

The Operator archives sales contracts in accordance with applicable legislation. Upon request to contact@sophie-cooper.com, the Operator will provide the Customer with a copy of the relevant contract.

Any modification of the order by the Customer after confirmation is subject to the approval of the Operator.

The information provided by the Customer when placing the order (including name and delivery address) is binding. Therefore, the Operator cannot be held responsible if an error in the order prevents or delays delivery.

The Customer declares that they have full legal capacity to enter into these Terms and Conditions.

Registration is open to adults and minors, provided that the latter act under the supervision of a parent or guardian with parental authority. Registration is strictly personal for each Customer.

In the event of a breach by the Customer of any provision of these Terms and Conditions, the Operator reserves the right to close the Customer’s account without prior notice.

Article 6 - PAYMENT METHODS AND SECURITY

The Customer acknowledges that any order placed on the Site is an order with a payment obligation, requiring payment of a price in exchange for the provision of the ordered Product.

In all cases, the Operator reserves the right to verify the validity of the payment before shipping the order by any means necessary.

The Operator uses the online payment solution Stripe.

Orders may be paid for using one of the following methods:

  • Payment by credit card. Payment is made directly on the Operator’s bank’s secure servers, and the Customer’s banking details do not pass through the Site. The banking details provided during payment are protected by SSL (Secure Socket Layer) encryption. Therefore, such data is not accessible to third parties.

    The Customer’s order is recorded and validated upon acceptance of payment by the bank.

    The Customer’s account will only be debited when (i) the credit card details have been verified, and (ii) the debit has been accepted by the issuing bank.

    The inability to debit the amounts due will result in the immediate nullity of the sale.

    The credit card may be refused if it has expired, if it has reached the maximum spending limit, or if the entered data is incorrect.

  • Payment by e-wallet (e.g., PayPal). The Customer already has an account with the e-wallet used by the Operator. The Customer may use this account and pay for their order securely without providing their banking details.

If applicable, the order confirmed by the Customer will be considered effective only when the secure payment center has approved the transaction.

As part of the verification process, the Operator may request the necessary documents from the Customer to finalize the order. Such documents will not be used for any other purpose.

Article 7 - PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros, including all taxes (VAT), excluding delivery and shipping costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the promotion period.

The price is payable only in euros (€). The price is due in full after order confirmation. The prices offered include any discounts or reductions that the Operator may grant.

If delivery or shipping costs apply, these will be added to the price of the Products and indicated separately before the Customer validates the order. The total amount due by the Customer and its breakdown are indicated on the order confirmation page.

Article 8 - FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends confirmation of their order.

Particular attention is drawn to the Customer regarding the method of acceptance of orders placed on the Site. When the Customer places an order, they must confirm it using the “double-click” technique, meaning that after selecting the Products added to the cart, the Customer must review and, if necessary, correct the contents of their cart (identification, quantities of selected Products, price, delivery terms, and charges) before validating it by clicking “I confirm my delivery,” then confirm acceptance of these Terms and Conditions before clicking the “I pay” button, and finally confirm the order after entering their banking details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The storage of communications, order forms, and invoices is ensured by the Operator on reliable and durable media to constitute a faithful and durable copy. Such communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

The order may be canceled by the Customer by registered letter with acknowledgment of receipt or other durable medium in the following cases:

  • Delivery of a Product not conforming to the declared characteristics of the Product;

  • Delivery beyond the deadline set in the order form or, failing that, within thirty (30) days following the conclusion of the contract, after the Operator has been requested, under the same conditions and without success, to deliver within an additional reasonable period;

  • An increase in the price not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Customer may request reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be canceled by the Operator in the following cases:

  • Buyer’s refusal to take delivery;

  • Non-payment of the price (or balance of the price) at the time of delivery.

Article 9 - SHIPPING AND DELIVERY

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries to these same geographical areas.

Delivery means the transfer to the Customer of the physical possession or control of the Product.

The shipping costs are those specified during the finalization of the order and are accepted at the time of order validation.

The Operator undertakes, in accordance with the delivery period indicated on the Site for each Product, to deliver the Products within a maximum period of thirty (30) days from receipt of the order.

The delivery times are stated in working days on the Site at the time of the order. These times include the preparation and shipment of the order, as well as the time provided by the carrier.

The Operator undertakes to ship the Products according to the deadlines announced on each Product page and in the cart, provided that payment for the order has not previously been refused.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an e-mail to inform the Customer of the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore the Customer’s responsibility to ensure that this address contains no errors. The Operator cannot be held responsible if the address provided by the Customer is incorrect, preventing or delaying delivery.

At the time of delivery, a delivery receipt may be requested for signature.

No deliveries will be made to P.O. boxes.

At the time of delivery, it is the Customer’s responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. Otherwise, the Customer must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if it has not been noted on the delivery slip.

Article 10 - RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, the Customer may return it to the Operator. The Customer has fourteen (14) days to do so from the date of receipt of the order.

Pursuant to Article L.221-21 of the French Consumer Code and to exercise this right of withdrawal under the conditions of Articles L.221-18 and following of the French Consumer Code, the Customer is invited to complete the standard withdrawal form.

The Operator will send confirmation of receipt of the Customer’s withdrawal request by e-mail.

If applicable, the Customer may exercise the right of withdrawal by communicating to the Operator the following information:

  • Name, postal address, telephone number, and e-mail address.

  • Decision to withdraw by means of an unambiguous statement (e.g., letter sent by post, fax, or e-mail, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the standard withdrawal form, but it is not mandatory.

WITHDRAWAL FORM

To the attention of the Company indicated in the header of these Conditions (reproduce the address) via e-mail at contact@sophie-cooper.com:

I/we () hereby notify my/our () withdrawal from the contract for the supply of the services (*) indicated below:

Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (in case of notification of this form on paper):
Date:

(*) Delete as appropriate.

The return costs are borne by the Customer, unless the item cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, address) of the Customer, the order number, and the original purchase invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days of receipt of the Product and all the elements necessary to process the refund. The refund may be made using the same payment method as that used by the Customer. In this regard, Customers who paid for the order in the form of vouchers/gift cards may be refunded in vouchers/gift cards at the discretion of the Operator.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges being informed of the withdrawal conditions.

Article 11 - LIABILITY AND WARRANTY

The Operator cannot be held liable for the non-performance of the contract due to the Customer or to an event qualified as force majeure by the competent courts or to an unforeseeable and insurmountable event attributable to third parties.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions on the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change the content and/or presentation.

The Operator cannot be held liable for the use of the Site and its services by Customers in violation of these Terms and Conditions and for any direct or indirect damage such use may cause to a Customer or third parties. In particular, the Operator cannot be held liable for false statements made by a Customer and for their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any judgment pronounced against it and to reimburse the Operator for all costs, including legal fees, incurred in its defense.

Regardless of any additional contractual warranty (commercial warranty), the Products benefit from the legal warranty of conformity provided for in Articles L.217-4 and following of the French Consumer Code (in particular L.217-4 to L.217-14 of the French Consumer Code) and the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

When acting under the legal warranty of conformity:

  • You have a period of two (2) years from the delivery of the goods to act;

  • You may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;

  • The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

The Customer may decide to implement the warranty against hidden defects of the item sold under Article 1641 of the French Civil Code. In this case, you may choose between cancellation of the sale or a reduction of the sale price pursuant to Article 1644 of the French Civil Code.

Article 12 - AFTER-SALES SERVICE

After-sales services performed by the Operator and not covered by the commercial warranty are subject to a contract, a copy of which is provided to the Customer.

Claims under the warranties must be addressed to the after-sales service at the following contact details:

E-mail: contact@sophie-cooper.com

Products covered by warranty must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Customer will be reimbursed for the return shipping costs no later than thirty (30) days from receipt of the product by the Operator.

Article 13 - GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator with regard to their subject matter. If one or more provisions of these Terms and Conditions are declared null and void pursuant to a law, regulation, or final decision of a competent court, the other provisions will retain their full force and effect. Furthermore, the fact that one of the parties to these Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these Terms and Conditions will not be interpreted as a waiver of the right to take advantage of such a breach in the future.

CHANGES TO THE TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site. In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to consult these General Terms and Conditions before any use of the Site. The Customer acknowledges that the Operator cannot be held liable in any way to the Customer or to third parties for such modifications, suspensions, or terminations. The Operator advises the Customer to save and/or print these General Terms and Conditions in order to keep them in a secure and durable manner, so that they can be referred to at any time during the performance of the contract, if necessary.

CLAIMS - MEDIATION

In the event of a dispute, the Customer must first contact the Company in order to seek an amicable solution. In the event of difficulty in the application of this contract, the consumer Customer also has the option, before any legal action, to seek the assistance of a consumer mediator, who can be identified on the site [https://www.economie.gouv.fr/mediation-conso]. The mediator will try, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may also refer to the Online Dispute Resolution (ODR) Platform accessible at the following URL: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage]. It is recalled that the search for an amicable solution does not interrupt the “short period” of the legal warranty, nor the duration of the contractual warranty. It is recalled that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to warranties presupposes that the Customer fulfills their financial obligations to the seller.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions. By registering on the Site, the Customer confirms having read the General Terms and Conditions and accepts them, thereby being contractually bound by the terms of these General Terms and Conditions. The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy dated that day may be provided to the Customer upon request; it is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order previously placed, except with the express agreement of the Customer who placed a given order.