General conditions of sale

General Conditions of Sale (GCS)

Company: SOLEYA
Email: contact@soleyashop.com
Website:www.soleyashop.com

These General Conditions of Sale apply to all purchases made on the site www.soleyashop.com operated by “SOLEYA”  whose head office is located at: 60 rue François 1er 75008 Paris France.

Date of the last update of our General Conditions of Sale: 10/10/2024.

Object

These General Terms and Conditions of Sale govern the sales of products made on the website www.soleyashop.com. Any order placed on the website implies unreserved acceptance of these General Terms and Conditions.

Products

SOLEYA offers various clothing and accessories. The characteristics of the products are presented on the site. The photographs and descriptions are not contractual and can be modified at any time.

Order

The website www.soleyashop.com allows you to order from SOLEYA, a selection of ready-to-wear products and accessories for women, immediately online for delivery to the countries listed in the list of delivery countries. Purchase requests from countries not listed among these as well as deliveries to these countries will not be accepted. The products visible on the site are offered for sale within the limit of available stocks. Errors or modifications may exceptionally exist if an order for the same product was placed simultaneously by 2 customers. However, if a product is unavailable after placing your order, we will inform you by email or telephone as soon as possible, offering you either to choose another item or to cancel your order. In this case, if your bank account has been debited, we will reimburse you immediately. We ensure that the description and prices of the products displayed on the site are accurate at the time of sale. However, your order could not be accepted if significant errors had occurred on the site, in the description of the goods you ordered or on their price. All prices and offers are subject to change. The products are described and presented with the greatest possible accuracy. We have taken the greatest care to ensure that the images and colors of the products appearing on our site are as close as possible to reality, within the limits of technology and in compliance with market standards. However, the images and colors displayed may contain non-substantial errors depending in particular on the internet browser and/or your computer equipment. Consequently, we are unable to guarantee the accuracy of the color of the product upon delivery, which you acknowledge and accept. To finalize your order, you must click on "Yes, I confirm my payment" Any internet order requires that you provide accurate and complete information about yourself: your title, surname, first name, telephone number, email address, billing and delivery addresses. Any validation of payment entails the obligation of payment for the products by the consumer. Once an order has been completed, it will be accepted by sending you an "Order Confirmation" by email, which will confirm that we are able to send you the goods you have ordered, together with their price and the amount of the delivery charges to the delivery address you have provided. This Order Confirmation must contain all the details of the goods you have ordered. You should review the details in the Order Confirmation and contact us immediately if an error has occurred. We recommend that you print and keep a copy of this confirmation. We reserve the right to accept or reject any order.

After sending our order confirmation, we will endeavour to deliver your order as soon as possible to the postal address you have provided. However, we cannot guarantee an exact delivery date, this will depend on the availability of the product in stock.

Price

Product prices are indicated in euros. SOLEYA reserves the right to modify its prices at any time, without notice, on the Sitewww.soleyashop.com . Products are invoiced on the basis of the prices displayed on the Site at the time you place your order.

Payment

The prices indicated by SOLEYA on the website www.soleyashop.com are in euros including tax. The prices displayed include order preparation costs. Prices are inclusive of tax and exclude delivery costs.

The seller reserves the right to modify its sales and delivery prices. The prices presented on the site www.soleyashop.com on the day of registration and payment of the order will be solely attributable to the customer.

Transport and delivery costs are indicated on the site at the time of placing the order, depending on the package and the delivery option chosen.

The customer must check the final price displayed on the order summary before validating and transmitting the order.

The price displayed on the site and on the order confirmation will be the applicable one.

The sale price is eligible for cash upon ordering and can be paid by the means offered on the website www.soleyashop.com, and recalled below:

We accept payment by CB bank cards (Visa, Mastercard and American Express) as well as by APPLE PAY. Financial information (for example, the bank card number or the due date) will be transferred, by means of an encrypted protocol, to the secure remote electronic payment service STRIPE, partner, without third parties being able, under any circumstances, to have access to it. SOLEYA may have to ask you for certain additional information to avoid any act of fraud.

This information will be used by SOLEYA exclusively to enable the completion of your purchase or to issue refunds in the event of any returns of products in accordance with these General Conditions of Sale or in the event that it is necessary to prevent or report to the competent authorities the occurrence of fraud on the site. SOLEYA does not store any financial information on its servers or in its premises.

The order will be established inclusive of VAT. Prices take into account the VAT applicable on the day of the order. Any change in the applicable rate will be reflected in the prices of the products.

Delivery

Average delivery times: one (1) to four (4) working days. In the event of a delay, the customer will be informed by email.

We will deliver to the delivery address provided, provided that this address is located in a country to which we deliver. To this end, you agree to provide a complete and accurate delivery address. Any package returned to SOLEYA due to an incorrect or incomplete address will be reshipped at your expense.

Shipments are made by different service providers such as MONDIAL RELAY or Colissimo.

Products ordered on www.soleyashop.com are shipped securely in opaque and resistant packaging. If at the time of delivery, the original packaging is damaged, destroyed, torn open, you must then check the condition of the items. If they are damaged, you must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

Right of withdrawal

In accordance with current legislation, you have a period of fourteen (14) days to exercise your right of withdrawal from the sales contract concluded with SOLEYA, without having to justify your decision or bear additional costs, except for the return costs which will be your responsibility, from the date of receipt of the products you purchased on the Site.

To exercise your right of withdrawal, we invite you to go to the bottom of the home page and click on the "returns" icon. All the steps will be explained to you.

*EXCEPTION :

Items in the "promotions" and "sales" categories are EXCLUDED from any right of withdrawal. They can NEITHER BE EXCHANGED NOR REFUNDED.

Any purchase of a promotional item commits the buyer to being aware of this exception.

You must return the products to SOLEYA, in their original condition, unworn, in their original packaging, within a maximum period of fourteen (14) days from the date on which you exercised your right of withdrawal.

• either by handing them over to the carrier designated by SOLEYA, scrupulously respecting the terms set out.
• either at your own expense and risk, via the carrier of your choice. You are requested to keep all proof of this return, which assumes that the products are returned by registered mail, or by any other means giving a certain date. We decline all responsibility in the event of loss or damage to the products during return transport.

The goods must be returned in perfect condition (neither used, nor worn, nor washed) and in their original packaging (or at least, in packaging providing equivalent protection of the product to that of its initial transport). Subject to compliance with the conditions and return period referred to above and confirmation of the satisfactory condition of the returned products, SOLEYA will reimburse you, as soon as possible and in any case no later than fourteen (14) days following their receipt, the amounts already collected for the purchase of the products (price of the products only)

Guarantees

All our goods are checked and verified before any shipment, guaranteeing the new condition of the product(s).

1. Return

We do not accept any returns on earring type jewelry (for hygiene reasons).

If you are not satisfied with a product you purchased on our website, you are asked to:

• to go to your customer account and follow the steps for a return
• to return the product to us in its original condition, unworn, within a maximum of fourteen (14) days after receipt of the package.

We are not responsible for any lost parcels and cannot refund any lost items.

The returned merchandise must be in its original condition and in its original packaging (or at least, in packaging providing equivalent protection of the product to that of its initial transport) and must be accompanied by its label.

Any returned merchandise remains the responsibility of the sender until received at our premises.

We normally process returns within 3 working days of receipt. During busy periods this may take up to 14 working days. Once your refund has been accepted we will send you a confirmation email.

The refund of the total price charged (price of non-compliant products returned according to the instructions above and shipping costs) will be made, by credit to your bank card. In the event of anomalies, the package will be returned to you.

2. Return costs

Return costs are the responsibility of the customer, the return must be made with the carrier of your choice. All returns must be addressed to:

SOLEYA

La Nolandière - the chapel of Andaine

61140 RIVES D'ANDAINE

FRANCE

contact@soleyashop.com

3. Exchange

Item exchange is not accepted. If the size of the item purchased does not suit you, simply return the item and place a new order.

4. Reimbursement

Only items that are properly returned according to this policy will be eligible for a refund. If you choose a refund, the purchase price will be credited to your credit card (excluding any taxes and customs duties) when we receive the product (on average 7 to 10 days after the product is received at our premises).

Items in the “SALES” category cannot be exchanged or refunded.

5. Defective product

If you unfortunately receive a defective or damaged product during transport, we ask you to contact our customer service as soon as possible within a maximum of forty-eight (48) hours after delivery. Please provide the order number that appears on the delivery note, your name, first name, email address and your telephone number. We will do everything possible to replace the item as soon as possible. If the package is delivered damaged or ripped open, refuse delivery and contact our customer service immediately by email at the following address: contact@soleyashop.com

6. Legal guarantee

Notwithstanding any specific warranty conditions that may be offered with the product delivered, SOLEYA products are subject to the legal guarantees of defects in conformity of the product sold, under the conditions of Articles L.211-4 et seq. of the Consumer Code and of its hidden defects under the conditions provided for in Articles 1641 et seq. of the Civil Code reproduced below:

Article L. 217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."

Article L. 217-5 of the Consumer Code: “The good complies with the contract

• 1° If it is suitable for the use usually expected of a similar good and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
• 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L. 217-14 of the Consumer Code: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property”.

Article L. 217-16 of the Consumer Code: “When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Article 1648, paragraph 1 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”.

If you exercise one of these guarantees, you can return the product(s) in accordance with the terms set out in article 6.2.

Intellectual property

All models, texts, illustrations and images reproduced on the site www.soleyashop.com are reserved under copyright and intellectual property law and for the entire world. Any other use constitutes counterfeiting and is punishable under intellectual property law unless prior authorization is obtained from www.soleyashop.com. Any total or partial reproduction of the www.soleyashop.com catalog is strictly prohibited.

Data protection

The personal information collected is necessary for processing orders. It is processed in accordance with our privacy policy. You are informed and you accept that SOLEYA, in order to be able to identify you, respond to your requests, allow the taking of orders for products, process your orders, issue the related invoices, manage your requests to customer service as well as provide the services of www.soleyashop.com reserved for registered users who have declared that they wish to benefit from them and also improve the Site or comply with legal and regulatory obligations, SOLEYA, collects the following personal data (the "Data"):

• opening and management of a customer account: you are asked for your surname, first name, usual residence address, telephone number, email address, means of payment; the use of this Data by SOLEYA is subject to your agreement when creating your account;
• purchase on the site: when you connect to the site, it records, in particular, your surname, first name, connection data, usage data, location data, delivery address, billing address and payment data; the use of this data by SOLEYA is necessary for SOLEYA to offer you its products and services and send you your order;
• navigation on the site: the pages of the site consulted during your visits, the advertisements on which you have clicked and any search terms that you have entered on the site are also likely to be collected by SOLEYA. Cookies are used, as part of the use of the site. You have the possibility to deactivate cookies from your browser settings.
• payment: as part of the payment for products ordered on the site, the site records financial data relating to the user's bank account or credit card;
• customer support: SOLEYA may use, in the context of a complaint or the exercise of your rights (legal guarantees, right of withdrawal, etc.), your surname, first name, telephone number, email address, postal address, information relating to your order, and generally your correspondence for the attention of customer service (emails and written letters);
• Site security and fraud detection: SOLEYA uses your surname, first name, telephone number, email and/or postal address, information relating to your order and means of payment as well as any additional documents that may be requested from you in order to justify data concerning you, within the framework of Site security, detection and prevention of fraud on the Site and means of payment, the fight against spam and abuse, the prevention and monitoring of payment incidents and the fight against money laundering;
• Newsletters: in the event of a newsletter subscription, SOLEYA uses the Data communicated when opening and managing your customer account (in particular your surname, first name, usual residence address, telephone number, email address) and/or when making a purchase on the site (in particular your surname, first name, connection data, usage data, location data, delivery address, billing address) to send you newsletters by email; the use of this Data for this purpose by SOLEYA is subject to your agreement when creating your account and/or validating your order.

SOLEYA is responsible for processing your Data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “General Data Protection Regulation” or “GDPR”).

This Data may be communicated only to SOLEYA's service providers and contractual partners who, as subcontractors within the meaning of the GDPR, intervene and contribute directly to the execution, management, processing and payment of your order and for whom it is absolutely necessary to access the Data that you provided when creating and using your account (identity, postal address, telephone number, email address). Subcontractors have limited access to the Data, they can only act on instructions from SOLEYA and have a contractual obligation to use the Data in accordance with the provisions of the applicable regulations in this area.

If required by law, SOLEYA may carry out the transmission of data in response to claims made against the site and to comply with administrative and judicial procedures.

Only with your consent, we may be required to process this Data for:

• carry out commercial solicitations: browsing the Site and/or using the services provided on the Site allows you to fill in a profile, which may include an email address, a postal address, a telephone number and, where applicable, a date and place of birth, data on your internet contact details (URL address, IP address); SOLEYA may, subject to your express prior consent, use your Data to send you offers of products and services by email, SMS or MMS, telephone, promotional banners on third-party sites or social networks, internet search engines and inform you of special offers and promotions. This Data also allows SOLEYA to send you, with your express consent, newsletters informing you of current commercial operations, for commercial prospecting, targeted advertising, loyalty programs, commercial offers, newsletters, events organized by SOLEYA and to follow its news. It is specified that you retain the possibility of refusing such newsletters, either by not giving your consent when registering and/or validating your order, or if consent has been given beforehand, by opposing free of charge the use of your Data for sending commercial offers. You can make your request either by clicking on the unsubscribe link in each electronic message, or in writing to the postal address of SOLEYA provided above or by email: contact@soleyashop.com
• personalize the site based on your interests.
• Retention : your personal data is only retained for the period strictly necessary for the purposes previously set out. At the end of this period, your Data will be deleted or made irreversibly anonymous. The retention period depends on the purpose of the processing: the data collected during the purchase of items on www.exemple.com are processed until the conclusion of all administrative and accounting formalities, then they are archived in accordance with local tax regulations (ten (10) years), while those used to send you our newsletters will be retained until you unsubscribe as indicated above.

Rights of users of the site (the “Rights”) and implementation

In accordance with the GDPR, you have a permanent right of access, modification, rectification, deletion and opposition. In particular, at any time, you can revoke your consent to the processing, know your Data in our possession, their origin and how they are used, request their updating, rectification, modification (in particular if they are inaccurate or incomplete) as well as, in the cases provided for by the provisions in force, the deletion, limitation of their processing or object to their processing. Where applicable, you can request to receive the Data concerning you in SOLEYA's possession in a format readable from an electronic device and, when technically possible, we may transmit your data directly to a third party designated by you. If you believe that the processing of your personal data has been carried out illegitimately, you can file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL). If you would like additional information on your Rights and more particularly on the right to lodge a complaint, we invite you to visit the CNIL website: www.cnil.fr.

To exercise one or more of your Rights, you must send a request by email to SOLEYA customer service at the following email address: contact@soleyashop.com, indicating your surname, first name, email address and customer references. Your request must be accompanied by a photocopy of an identity document bearing your signature and specify the reply address. The response to the request exercised on the basis of one or more Rights will be sent to you within 2 months of receipt of the request.

You can communicate to SOLEYA specific instructions in which you define the manner in which you intend your rights to be exercised after your death in accordance with the GDPR.

For any clarification, request or need related to your confidentiality and the processing of your Personal Data, you can contact us at any time by sending a request by email to our at the following address: contact@soleyashop.com

Evolution of this clause

SOLEYA reserves the right to make any changes to this clause relating to the protection of personal data at any time. We therefore invite you to periodically check its contents. As far as possible, we will ensure that we inform you in good time of any changes made.

Security and Privacy

We are committed to protecting and ensuring the security and confidentiality of your Data in accordance with the GDPR, in particular by taking all useful precautions to prevent this data from being altered or destroyed or from being accessed by unauthorized third parties. However, it should be noted that the Internet is not a completely secure environment, SOLEYA does not control all the risks related to the operation of the Internet. We draw your attention to the existence of possible risks inherent in the use and operation of the Site, SOLEYA cannot be held responsible for identity theft or misuse of your account and the possible consequences that may result.

Responsibilities

The products offered for sale on our website www.soleyashop.com comply with current French legislation. It is your responsibility to check with local authorities the possibilities of importing or using the products you plan to order. The website www.soleyashop.com cannot be held responsible for the non-performance of the contract concluded in the event of stock shortages, or unavailability of products, force majeure, disruption or total or partial strike, in particular postal services and means of transport and/or communications, flood, fire.

Credits and legal information

Host: SHOPIFY

Copyright: SOLEYA

Applicable law-litigation-mediation

These General Terms and Conditions of Sale are subject to French law, more specifically the French Consumer Code, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules.

The language of these General Terms and Conditions of Sale is 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.

In the event of a dispute, you must contact SOLEYA customer service as a priority at the email address contact@soleyashop.com .

Modification of the T&Cs

SOLEYA reserves the right to modify its T&Cs at any time. The applicable T&Cs are those in effect at the time of the order.