Last update: 25/05/2018
I. About us.
The Mr Smith Paris brand (hereinafter referred to as '' COMPANY '') is a Workshop108 company with a share capital of € 20,000, with registered office at 5 rue du square carpeaux - 75018 Paris, registered with the Paris Trade and Companies Register under the number 490108099. The company markets its customers via its website the following products: Men's ready-to-wear clothing and accessories.
The company invites users to carefully read the general conditions of sales and use (hereinafter '' CGV / CGU ''). The placing of an order involves CGV / CGU. The characteristics of the product shown on the website. It is up to the customer to take this into account before buying it. The photographs or graphics presented on the website are not contractual. The customer acknowledges having read them and accepting them by placing the box in front of the online order. CGV / CGU frames the conditions under which the company sells its products to its professional and consumer customers via its website. They apply to all sales concluded by the company and impose on any contradictory document, in particular, the general conditions of purchase of the customer.
They are systematically communicated to the customer who requests it. In the event of a subsequent modification of the T & C / GCU, it is subject to the version in force at the time of its order.
"Customer" means the Professional or the consumer who has placed an order for a product sold on the website.
"Order" means any order placed by the user registered on the present site. "General Terms and Conditions of Use " or "Terms and Conditions" means the terms and conditions of use and sale online.
"Consumer" refers to the purchase of a physical person who does not act for professional needs and/or outside his professional activity.
"Product" means material things that may be appropriated and offered for sale on this site.
"Professional" means the buyer of a legal or natural person acting in the course of his professional activity.
"website" means the present website, ie https://www.mrsmithparis.com. "Company" means Mr Smith Paris, more fully described in Article I. hereof. "User" means any person or entity that uses this site.
IV. PROTECTION OF PERSONAL DATA
The Customer is informed and agrees that his / her personal data may be collected on the Site and used by MR SMITH PARIS who acts as controller in the sense of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter 'the General Data Protection Regulation') or "RGPD").
MR SMITH PARIS undertakes to protect and ensure the security and confidentiality of the personal data of its Clients in accordance with the RGPD, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or unauthorized third parties having access to it .
In particular, the personal data of the Clients can be transmitted to the service providers and contractual partners who, as subcontractors in the sense of the RGPD, intervene and contribute directly to the management of the Orders and for which it is absolutely necessary to access the data. personal information provided by the Customer when creating and using his Account (identity, postal address, telephone number, email address). Subcontractors may only act on the instructions of MR SMITH PARIS.
The personal data of the Customers are collected for the following purposes:
the management of Orders and relations with Clients;
Customer information relating to offers and commercial information related to the brand;
strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the preferences of the Customer found on the Site;
the improvement and personalization of the services offered to the Clients; and
compliance with legal and regulatory obligations.
The personal data of the Customer are kept only for the period strictly necessary for the purposes previously set out.
In accordance with the RGPD, the Customer has a right of access, rectification and opposition to personal data concerning him (hereinafter the "Data Protection Rights").
To exercise one or more Rights and Freedoms, the Customer must send a request by email or by mail to the Customer Service of MR SMITH PARIS, by filling out the contact form located on the site or by writing to the following address indicating his name, first name, e-mail address and his customer references: MR SMITH PARIS Customer Service, 5 rue du Square Carpeaux 75018 Paris France and indicating his last name, first name, e-mail address and his customer references.
Each application must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address.
The response to the request made on the basis of one or more Computer Rights and Freedoms will be sent within 2 months of receipt of the request.
The Client may communicate to MR SMITH PARIS specific instructions in which he or she defines the manner in which he or she intends to exercise, after his death, the Computer Rights and Freedoms in accordance with the RGPD.
V. Subscription & Newsletters.
The inscription on the site is open to any legal entity with a major legal status and full legal capacity.
The use of the site is conditioned to the registration of a user. Registration is free.
To register, the user must fill in all required fields; otherwise, the registration cannot be completed.The users guarantee and declare on their honour that all the information communicated on the site, especially when they are registered, are accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.Every registered user has a login and a password. The latter is strictly personal and confidential and should under no circumstances be communicated to third parties under penalty of deletion of the Registered User's account. Each registered user is personally responsible for maintaining the confidentiality of his username and password. In no event will the company be held liable for identity theft of a user. If a user suspects a fraud at any time, he will have to crush the company as soon as possible, so that the latter then take the necessary measures and regularized the situation.
Each User, whether a moral or physical person, cannot hold an account on the Site.In the event of non-compliance with GTC / GCU, including the creation of several accounts for a single person or provision of false information, the reserve company shall be entitled to temporarily or permanently remove all accounts created by the Offending User. The deletion of the account entails the definitive loss of all benefits and services acquired on the Site. However, any order made and invoiced by the site prior to the deletion of the account will be executed under normal conditions.
In the event of an abolition of an account by the company for breach of duties and obligations stated in the GTC / GCU, the offending user is strongly forbidden to re-register on the site directly, through another email address or by an intermediary without the express authorization of the company.
MR SMITH PARIS may send to Customers information relating to the Brand Items and commercial offers by email or via all the web spaces animated by MR SMITH on social networks, subject to prior acceptance.
The Customer has the right to oppose the commercial prospecting at any time, by clicking on the "unsubscribe" link in each email.
Any order cannot be made when the user is registered on the site. The user, when logged on is an account, can add products in are a virtual shopping cart. He can then access the summary of his virtual cart to confirm his products that he wishes to order and make his order by pressing the button "order".He must fill in an address, a method of delivery and a valid method of payment in order to finalize the order and effectively form the contract of sale between him and the company. The finalization of the order implies acceptance of the prices of the products sold, as well as the methods and delivery times indicated on the site.Once the order is placed, the user will receive a confirmation by email. This confirmation will summarize the order as well as relevant and delivery-related information. The placing of an order constitutes the conclusion of a contract of distance sale between the company and the customer.The company will be able to offer the customer the benefit of price reductions, rebates and discounts depending on the products available on the site ordered or according to the regularity of the orders, according to conditions set by the company.
Products & prices.The products covered by the GTS / CGU are those which appear on the site and which are sold and sent directly by the company.The products are described on the corresponding page on the site and mention is made of all their essential characteristics. The sale takes place within the limits of the available stocks of the company. The latter can not be held responsible for stock-outs or the unavailability of a product whose stock is non-existent.
Mr Smith Paris reserves the right to withdraw from the sale, at any time, any article present on the site and/or to replace or modify any information associated with the articles appearing on this site.When a registered user wishes to acquire a product sold by the company through the site, the price is indicated on the product page corresponds to the price in euros, all taxes included (VAT included), excluding postage and takes account of applicable discount and on the day of the order.
The price indicated does not include the shipping costs which will be detailed the summary before placing the order. If the total cost of the products cannot be calculated in advance, the company will send the customer a detailed quote setting out the formula for calculating the price. Under no circumstances will a user be able to demand the application of reduction no longer in force on the day of the order.
VII. Payment conditions.
Unless otherwise specified, all sales are paid in cash at the time the order is placed.The client declares to be at least 18 years of age and has the legal capacity, or if he is a minor, to guarantee that he holds a parental authorization to make his order. To place an order, the customer must follow the online purchase process and click on "order" to submit the order.
The payment of the order implies acceptance of the present GTC / CGU, the price of the articles and the content of the order.
Delivery in all countries of Europe.The company undertakes to provide all material and human efforts to have the products delivered as soon as possible. these may vary depending on the geographical area of the customer, the mode of delivery chosen or the product ordered.
In the event of exceeding the 30-day delivery deadline, except in case of force majeure, the customer may request the cancellation of the contract by registered letter with acknowledgment of receipt, after ordering the company according to the same terms, to make the delivery within a reasonable additional time, and if the company is not executed.In this case, the customer will be refunded within 30 days if a payment has already been made.
Should the delivery be impossible, due to an error on the address indicated by the customer, the company will contact the Customer as soon as possible in order to obtain a delivery address and any additional delivery costs will be the customer's charge.
In addition, the Company can not be held liable for reasons related to exceeding delivery times:
- In periods of high demand, such as the end of year celebrations.
- For delays caused by reasons of force majeure, ie due to the occurrence of an event unpredictable, irresistible and beyond its control.
- For acts attributable exclusively to the carrier responsible for delivery.
- The delivery is made, according to the choice of the customer and according to the prices indicated on the site.
- At the address indicated by the customer when ordering by simple email.
- By DHL or Chronopost according to its delivery deadlines.
For all orders made on this site, the customer has a right of complaint of 20 days from the delivery of the product. It is his responsibility to check the apparent condition of the products at the time of delivery. In the absence of reservations expressly issued at the time of delivery, the products are deemed to conform to the order.
To exercise this right of complaint, the customer must reach the company at the address firstname.lastname@example.org a statement in which he expressed his reservations and complaints, assorted supporting thereon (reception burgundy countersigned by the carrier, photography ...).
A complaint that does not respect the conditions described above cannot be accepted.The company will repair, replace or refund the product or its components in the shortest time and at its own expense, subject to the material possibility to repair the product or stock availability.
RightTransfer of ownership risks.The company retains ownership of the products sold until the customer has paid the full price.
The products must be returned in their original packaging and in perfect condition within 7 days of notification of the consumer's retraction to the company. The direct costs of review remain the responsibility of the consumer.It will be reimbursed for all costs paid for placing the order within 14 days of the company becoming aware of its retraction statement. The refund will be made by the means of payment that used to purchase.
The consumer has a right of withdrawal of 14 days from the placing of the order, except for the products mentioned in article L.121-2 of the consumer code.To exercise this right of withdrawal, the consumer uses the form "Form of retraction" provided for this purpose on the site.
of complaint of the consumer.
It may, therefore, take possession of such products in the event of non-payment. In this case, the instalments paid will remain with the company as compensation.For business customers, the transfer of risks to the customer takes place when the goods are handed over to the carrier by the company. For consumer customers, risk transfer takes place on delivery or when goods are withdrawn from the store when the customer has chosen a delivery in store.
IX. Customer service.
For any information or question, for an order follow-up or for any other requests, the customer must contact the customer service by email: email@example.com, or by phone 01.46.06.29.96 (price of a local call) Monday to Friday from 11:00 to 16:00.
Legal warranty.The products sold on the site are guaranteed in accordance with the legal provisions of the code of consumption and the civil code as reproduced below:
• Article 1641 of the Civil Code: the seller is liable for the hidden defects of the thing sold which makes it unsuitable for the use for which it is intended or which so diminishes the use that the buyer does not use it, would not have acquired, or would have given a lesser price if he had known them.• Article 1648, paragraph 1, of the Civil Code: the action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
• Article L 211-4 of the Consumer Code: the seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity that existed at the time of issue. It also answers to the defects of conformity resulting from the packaging, the installation instructions or the installation when this was charged to it by the contract/ or was carried out under its responsibility.
• Article L 211-5 of the Consumer Code: in order to comply with the contract, the goods must:
1 / Be fit for the usually expected use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the purchaser in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 / Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
- Article L 211-12 of the Consumer Code: action resulting from lack of conformity is prescribed by two years from the issue of the goods.
This warranty allows the Customer to return the defective or non-compliant items for reimbursement under the above conditions.
Any product resold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or refund of non-compliant or vacuumed products. It is excluded in case of misuse or abnormal use of the product as well as in case the product does not respect the legislation of the country in which it is delivered.The customer must inform the company of any defects within two years. The company will rectify the products deemed to be defective to the extent possible. If the liability of the company is retained, the guarantee is limited to the amount paid by the consumer for the supply of the products. Replacement of products does not extend the warranty period.
The Company reserves the right to modify the site, TCV / TCU as well as any delivery procedure or other constituent elements of the services performed by the company through this site.When an order is placed, the user is subject to the stipulation stated by the T & C / TCU in force at the time of placing the order.
XI. IT & Liberties.
In accordance with the law of January 6, 1978, the personal data requested from the client is strictly necessary for the processing of his order.
They can be communicated to the partners in charge of executing orders. The user may, therefore, be required to receive information or commercial offers from the company or its partners.This processing of data has been the subject of a declaration to the CNIL.
In accordance with the Data Protection Act of 6 January 1978, the customer has the right to access, rectify, and oppose all personal data at any time by writing, justifying his identity, to the following address: firstname.lastname@example.org.
The user may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided in the e-mails received.To enable its users to benefit from an optimal navigation on the site and a better functioning of the different interfaces and application, the company is likely to have a cookie installed on the user's computer. This cookie allows storing the information relating to the navigation of the site, as well as any data entered by the users (including searches, login, email, password).The user expressly authorizes the company to deposit a file called "cookie" on the user's disk.
and renounces to avail himself of any other document including its own general conditions of purchase.
The consumer acknowledges having knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, in particular:
The characteristics of the products.
The price of the products.
The date or time at which the company agrees to provide the service.Information about the company's identities (postal, telephone, electronic).Information on legal and contractual guarantees and their implementation.
The possibility of resorting to mediation in the event of litigation.
Information on the right of withdrawal (time limit, terms of practice).knowledge will expose the offender to civil and criminal prosecution.
The structure, the organization and the titling of its headings, the visual and graphic identity, its design, its ergonomics, its functionalities, software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site, on databases, their structure and content.
XIII. Clause conferring jurisdiction.
The law governing CGV / CGU is French law. Any dispute that may arise between the company and a user during the execution of the present will be the object of an attempt at amicable resolution. Failing that, the disputes shall be brought to the attention of the competent courts of ordinary law.
XII. Acceptance of GTC / CGU.
The customer or the user expressly accepts the GTC / CGU.
The customer declares to have company. The user has the option to block, change the shelf life, or delete this cookie via the interface of his browser. If the systematic disabling of cookies on the user's browser prevents him from using certain services or features of the site, this malfunction can in no way constitute damage to the member who cannot claim compensation for this fact.
The company can not be held responsible for the unavailability, whether temporary or permanent, of the website and although it uses all its means to ensure the service is always on hand, be interrupted at any time. In addition, the company reserves the right, by a voluntary act, to return the site unavailable to carry out any operation of updating, improvement or maintenance.As mentioned above, the company can not be held liable in any way for delays in delivery for reasons beyond its control, beyond its control, "unpredictable, or the fault of which can not be attributed to it.
XV. Intellectual property
The trademark, the logo and the graphic charter of the present website are registered trademarks of the INPI and intellectual works protected under copyright, the property of which belongs exclusively to the company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the