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GENERAL TERMS AND CONDITIONS OF SALE
CONTENTS
01. Scope and purpose
These General Terms and Conditions of Sale set out the terms and conditions applicable to transactions between users seeking to make purchases (hereinafter referred to as the "CUSTOMER") via the
These terms and conditions apply exclusively to non-trading natural persons.
02. Orders
CUSTOMERS can purchase items via the website.
Orders are placed as follows:
- The CUSTOMER selects the item(s) they wish to buy, and adds them to the check-out basket, labelled "basket", by clicking "add to basket" once.
- To continue shopping or to place their order, the CUSTOMER clicks on the corresponding button: either "continue shopping" or "view basket".
- When they have finished shopping, the CUSTOMER is required to click "proceed to check-out". CUSTOMERS can still make changes to their orders at this stage.
- To place their order, the CUSTOMER must be logged into their CUSTOMER account in order to enter and confirm their delivery details. Orders can only be placed via the website when users have been clearly identified by entering their CUSTOMER log-in (their email address) and their chosen password.
- In the "delivery method" section, CUSTOMERS are required to choose their preferred delivery method.
- In the "payment method" section, CUSTOMERS are required to choose their preferred payment method.
- If the CUSTOMER does not wish to make changes to their order and/or contact details, they may proceed with placing their order by clicking "Place order". At this stage, this second confirmation is equivalent to full acceptance of the sales agreement.
03. Product availability
All orders constitute acceptance of available products' prices and descriptions. DRESCO undertakes to fulfil all orders placed on the website subject to product stock availability. Should one or several ordered products be unavailable, DRESCO undertakes to inform the CUSTOMER of the fact as soon as possible. The CUSTOMER's order will then be automatically cancelled if all their order's products are out of stock, and will be partially dispatched if only some of the order's products are out of stock.
04. Pricing and billing
All product prices are given inclusive of all taxes, excluding any micro-donations the CUSTOMER may make and shipping costs. DRESCO reserves the right to alter its prices at any moment, and this without prior notice. Products are billed based on the prices in force at the time of ordering, and remain DRESCO's property until full payment is received. Prices are payable in full in a single payment. A billing summary for each order is made available in the "My orders" section of the CUSTOMER's account upon dispatch of the order.
05. Delivery
- Delivery in France
- Mondial Relay
- So Colissimo Home Delivery
- So Colissimo Other Options
- Post office:
- Espace Cityssimo:
- Local shops
- Chronopost
- Delivery abroad
- La Poste Internationale
- Mondial Relay - Pick-up points
- La Poste Internationale
- Delivery costs: €15 (incl. all taxes)
- Maximum delivery time: 15 working days
- La Poste Internationale
- Delivery costs: €18 (incl. all taxes)
- Maximum delivery time: 15 working days
- Mondial Relay delivery costs: €3 (incl. all taxes)
- La Poste international delivery costs: €10 (incl. all taxes)
- Maximum delivery time: 15 working days
- La Poste International
- Delivery costs: €10 (incl. all taxes)
- Maximum delivery time: 15 working days
- La Poste Internationale
- Delivery costs: €25 (incl. all taxes)
- Maximum delivery time: 15 working days
Delivery zones
Delivery is only available to mainland France and Corsica, subject to the provisions given below. Products are dispatched to the delivery address provided by the CUSTOMER during the order placement process.
Delivery methodsMondial Relay pick-up point delivery: You will be notified when your order is ready for collection by email. You will be provided with a pick-up slip to be used to collect your order from a Mondial Relay collection point within 10 working days. After the 10-day period, your order will be returned to the sender. Delivery to one of 5,300 pick-up points across France or abroad in our partner network, close to your home, workplace or holiday location.
Your order delivered straight to your doorstep, with the option of choosing hand-delivery or letterbox delivery. If your order is too bulky to be left in your letterbox, it will be held for you at your local post office. You will then have 10 working days from the date on which your order arrives at the post office to collect it. After the 10-day period, your order will be returned to the sender. You will receive email notification 24 hours before your order is delivered.
Delivery to one of 10,000 post offices of your choice across France (with no attempted delivery to your letterbox). Delivery two to five days after dispatch. These delivery times cannot be guaranteed for Corsica.
You will be notified when your order is ready for collection by email and text message. You will be provided with a pick-up slip to be used to collect your order from your post office within 10 working days. After the 10-day period, your order will be returned to the sender. Delivery two to five days after dispatch.
Delivery to one of the 24/7 automated Cityssimo drop boxes. You will be notified when your order is ready for collection by email and text message. You will be provided with the access codes needed to collect your order. Delivery two to five days after dispatch.
Delivery to one of the 37,000 shops in the La Poste pick-up network. CUSTOMERS will be notified when their order is ready for collection by email and text message. They will be provided with a pick-up slip to be used to collect their order within 10 working days. After the 10-day period, their order will be returned to the sender.
Chronopost home delivery: Next-day delivery (before 1:00pm, excluding bank holidays) to the address of your choosing for orders placed between Monday morning and Friday before 2:00pm. Orders placed between Friday after 2:00pm and Monday morning are delivered the following Tuesday before 1:00pm. If the CUSTOMER is absent at the time of delivery, the order is held for collection at the nearest post office.
Order processing: Les Tropeziennes par M.Belarbi processes orders from Monday to Friday until 2:00pm (excluding bank holidays), with average turnaround times of 24 to 48 hours. During some periods (particularly during sales season), these processing times may be a little longer due to a higher number of orders to be processed. These delivery times cannot be guaranteed for Corsica. Customised products are delivered within four working days from the date on which the order is placed.
La Poste: Maximum delivery turnaround time, transport included, is 15 working days from the date on which the ORDER is confirmed, unless otherwise specified (Chronopost orders processed in 24 hours by Les Tropeziennes par M.Belarbi and delivered the day after the order is collected by Chronopost) prior to the ORDER being placed, and prior to the ORDER being confirmed. In all cases, the Customer is sent an automated email notifying them when their order is dispatched, and allowing them to track their order. Deliveries are logged as completed from the moment the PRODUCT is made available to you, either by the post office or the carrier. Should you receive a PRODUCT after cancelling your order, refunds are processed once we have received the returned product in saleable condition.
Mondial Relay: maximum delivery turnaround times, transport included, is 15 working days from the date on which the order is confirmed, unless otherwise specified.
Delivery costs to mainland France:Mondial Relay delivery costs: €3 (incl. all taxes) So Colissimo delivery costs: €5 (incl. all taxes) Chronopost delivery costs: €10 (incl. all taxes)
Delivery costs to Corsica:Mondial Relay delivery costs: €5 (incl. all taxes) Chronopost delivery costs: €20 (incl. all taxes) So Colissimo delivery costs: €8 (incl. all taxes)
A delivery slip is included in each order. In the event of a partial delivery, the delivery slip will provide a summary of the PRODUCTS actually included in the delivery.
Delivery zones
Italy
Belgium, Luxembourg, Monaco
The Netherlands
Spain
DOM-TOM (Guadeloupe, Martinique, Réunion, French Guyana, St Pierre and Miquelon, Mayotte)
Orders are delivered by La Poste or a transporter to the address provided upon ordering. Consequently, Les Tropeziennes par M.Belarbi cannot provide an exact delivery window time. Orders are hand-delivered to the CUSTOMER or left in their letterbox. If their order is too bulky to be left in their letterbox, it will be held for the CUSTOMER to collect at their local post office. The CUSTOMER then has 10 working days from the date on which their order arrives at the post office to collect it. After this 10-day period, orders are returned to the sender.
Delivery to one of 5,300 pick-up points across France or abroad in our partner network, close to your home, workplace or holiday location. CUSTOMERS are notified when their order is ready for collection by email, and provided with a pick-up slip to be used to collect the order from the collection point within 10 working days. After the 10-day period, their order will be returned to the sender.
La Poste International & Mondial Relay
Italy, Spain
Spain islands: The Canaries, Balearics Islands
Belgium, Luxembourg, Monaco
The Netherlands
Guadeloupe, Martinique, Réunion, French Guyana, St Pierre and Miquelon, Mayotte
06. Secure payment
Purchases are payable by bank card (debit card, Visa, Mastercard, e-Carte Bleue, Maestro, Visa Electron). No other payment method may be used. Orders are logged as confirmed upon payment via the banking service. The CUSTOMER is required to enter their card type, card number, expiry date and security code on the back of their card into the designated fields. The CUSTOMER's bank account will be debited within 24 hours after placing the order.
DRESCO does everything in its power to ensure data sent via the Internet and the
07. Right of withdrawal
Under the provisions of Article L.221-18 of the French Consumer Code, Customers have a 14-day cool-off period to exercise their right to withdrawal with no justification required. This cool-off period always begins on the date on which the Customer, or a third party appointed by them, receives the order. If the 14-day period ends on a Saturday, Sunday or bank holiday, it is extended to the following working day. Due to their unique nature, products that have been customised upon the Customer's request are not covered by the legal withdrawal period, in accordance with Article L. 221-28 of the Consumer Code. To exercise their right to withdrawal, the Customer must notify Les Tropeziennes par M.Belarbi of their decision to withdraw, before the period expires:
9. Intellectual property
All elements of the DRESCO website, whether image- or audio-based, are protected by copyright, trademarks or patents. They remain the DRESCO company's exclusive property. Any full or partial reproduction, modification or use of the brand, and more generally of the website's other intellectual property rights, irrespective of reason or format used, without the DRESCO company's prior express approval, is strictly prohibited.
10. Liability
The DRESCO company only has a due care obligation for the steps involved in accessing the website and processing orders. The DRESCO company cannot be held liable for any inconvenience or damage that may result from using the Internet, in particular service failure, external intrusion or IT viruses, or any events that occur as a result of force majeure, in accordance with the law. Furthermore, the DRESCO company cannot be held responsible for orders that are not successfully placed, or in the event that it is prevented from fulfilling one of its obligations, as a result of force majeure under law, and in particular in the event of strikes or weather conditions that prevent the order being delivered. With respect to customised products, the company DRESCO cannot be held responsible should the customer not be satisfied with the customised features, and in particular with any differences between on-screen display and the actual item.
11. Legal warranties and guarantees
Legal warranty of conformity and guarantee against hidden defectsThe products are covered by a legal warranty of conformity (Article L 217-4 et seq. of the French Consumer Code) and a guarantee against hidden defects (Article 1641 et seq. of the French Civil Code). Warranties do not apply in the event of externally caused damage, damage incurred as a result of misuse or improper use, negligence or failure of upkeep caused by the Customer, nor do they apply to standard wear and tear.
- Article L 217-4 of the French Consumer Code The seller is required to deliver merchandise that complies with the contract and to respond to any non-conformity defects noticed upon delivery (...).
- Article L 217-5 of the French Consumer Code To be compliant with the contract, the merchandise must:
- Be fit for the use expected of merchandise of its nature and, where applicable, fit the description provided by the seller, and possess all the features described to the buyer as a sample or model; possess the features a buyer might legitimately expect in light of the public descriptions of the merchandise provided by the seller, manufacturer or representative, notably in terms of advertising and labelling;
- Or possess the features defined by mutual agreement between the parties, or be fit for the buyer's specific intended purpose, as explained to, and confirmed by, the seller.
- Article L 217-7 of the French Consumer Code Lack of conformity that appears within a 24-month period following delivery of the merchandise is presumed to have existed at the time of delivery, unless the seller can prove otherwise. The seller may dispute this presumption if the latter is not compatible with the nature of the merchandise, or the lack of conformity logged.
- Article L 217-9 of the French Consumer Code In the event of a lack of conformity, the buyer may request either repairs or a replacement. However, the seller may opt not to proceed with the buyer's preferred form of compensation if the chosen compensation results in costs that are clearly disproportionately higher than the other option, based on the value of the merchandise and the extent of the non-conformity. In this case, unless impossible to do so, the seller must consequently proceed with the form of compensation not chosen by the buyer.
- Article L 217-10 of the French Consumer Code If it emerges as impossible to either repair or replace the item, the buyer may return the item and request a refund for the price, or keep the item and request a partial refund. This same option is available:
- If the solution requested, offered or agreed upon in application of Article L. 217-9 cannot be implemented within a month following the buyer's complaint;
- Or if this solution cannot be provided without causing major inconvenience to the buyer, in light of the nature of the item and its intended use.
- Article L 217-12 of the French Consumer Code Warranty claims for non-conformity lapse two years following receipt of the item.
- Article L 217-13 of the French Consumer Code The provisions of this section do not prevent the buyer from opening claims for latent defects as covered by Articles 1641 to 1649 of the French Civil Code, or any other contractual or extra-contractual action available to them under the law.
- Article 1641 of the French Civil Code The seller is bound by a guarantee against hidden defects in the sold item that render it unfit for its intended use, or which so impair this use that the buyer would not have purchased it, or would have purchased it at a much lower price, had they been aware of the defects in question.
- Article 1648 paragraph 1 of the French Civil Code Claims for latent defects must be opened by the buyer within two years of discovering the defect(s).
The guarantor for defects in sold items is SAS DRESCO, whose head offices are located at 6 Route des Gorres in BONNEUIL-SUR-MARNE (94380), France. When complaints fall under the scope of the legal guarantee of conformity, the customer has a two-year period starting on the date on which the item is delivered to request either repairs to, or replacement of, the item in question, provided the cost conditions outlined in Article L. 217-9 of the Consumer Code are met, and is dispensed from needing to show proof of the existence of the item's conformity defect(s) in the 24 months following delivery of the item. The legal guarantee of conformity applies regardless of whether or not any potential commercial guarantee may be conceded. The client can choose to make use of the latent defect guarantee for the purchased item as described under Article 1641 of the Civil Code, and may choose to either cancel the sale or seek a discount on the sale price in accordance with Article 1644 of the Civil Code.
Return and refund procedures for defective or non-compliant productsCUSTOMERS choosing to make use of the latent defect or non-conformity guarantee must return the item(s) in question within the required time-frame to Service Retour DRESCO - 6 route des Gorres in BONNEUIL SUR MARNE (94380), France. Prior to returning the item(s), the CUSTOMER is required to submit a returns request via the "My returns" section of their CUSTOMER account. In the event that a defective or non-compliant product is returned, DRESCO shall carry out checks for defective or non-compliant features before refunding the CUSTOMER for the price of the item(s) in question, return costs and, if the order has been returned in full, shipping costs.
12. Personal data
RegulationsIn accordance with the French Data Protection Act dated 6 January 1978 and the General Data Protection Regulation (EU regulation 2016/679 dated 27 April 2016), Les Tropéziennes par M. Belarbi processes its customers' and prospects' personal data, hereinafter referred to as Customer data and Prospect data.
Data Controller and Data Protection OfficerThe Data Controller for Dresco, whose head offices are located at 6 route des Gorres in BONNEUIL SUR MARNE (94380, France), and the Data Protection Officer for the Eram group is Céline Delaunay (
The Customer and Prospect data collected by Les Tropéziennes par M. Belarbi may include the following: surname, first name, title, email address, date of birth, postal address and delivery address, telephone number. Les Tropéziennes par M. Belarbi also reserves the right to collect browsing data via cookies, in line with the legislation in force. Cookies are files stored on the hard drive of the Customer's device. They are used to flag up when a Customer or Prospect has already visited the website before. Regarding protection of minors, Les Tropéziennes par M. Belarbi undertakes not to open customer accounts for visitors under the age of sixteen on the www.lestropeziennes.fr website.
Purposes of data processingCustomer and Prospect data is collected as part of Les Tropéziennes de M. Belarbi's business activities: selling shoes, leather goods and accessories, and managing customer and prospect databases through segmenting, prospecting, marketing and communication activities by email and text message.
RecipientsThe recipients of this data are the Les Tropéziennes par M. Belarbi's customer service and e-commerce marketing teams, in addition to the payment service provider (Lyra Network), the system maintenance company (Onibi), the website hosting company (Peer One), and our shipping partners (Mondial Relay, Colissimo, Chronopost) in order to ensure Customers' orders are safely delivered. Data is shared with our service providers in line with contractual framework agreements and in accordance with the legislation in force, and is governed by sufficient data security levels.
Data retentionIn line with the General Data Protection Regulation's retention policy and simplified standard 48 on managing customer and prospect records, customers' personal data cannot be retained for longer than the time needed to oversee the commercial relationship.
Les Tropéziennes par M. Belarbi undertakes to delete or archive Customer data no later than three years after their last purchase, and to delete or archive Prospect data no later than three years after the last interaction.
The exception to this is data needed to establish proof of a right or contract, which may be archived in line with the Code of Commerce for the same period as books and documents created for commercial purposes, and in line with the Consumer Code concerning the retaining of electronic contracts.
Rights of the data subjectCustomers and Prospects have the right to access and rectify their personal data, and can also exercise their right to be removed or forgotten, as well as their right to oppose or their right to data portability. To exercise these rights, simply write to the Les Tropéziennes par M. Belarbi's customer service team:
Customers and Prospects may disable cookies at any time, by selecting the appropriate settings in their browser. However, disabling cookies may prevent some of the website's features from running smoothly.
All Customers and Prospects have the right to lodge complaints before the competent authorities (in France, this refers to the CNIL) with respect to how their personal data is processed.
Lawfulness of data processingSome Customer data is essential to making purchases on the
13. Applicable law
These terms and conditions are subject to French law. In the event of a dispute, DRESCO and the CUSTOMER shall make every attempt to resolve issues amicably.
14. Duration
These terms and conditions apply for as long as DRESCO continues to make its services available online.
15. Applicable law/Complaints
In accordance with the provisions of the Consumer Code concerning the amicable resolution of disputes, DRESCO is a subscriber to the FEVAD e-commerce mediation service (Fédération du e-commerce et de la vente à distance, Federation of e-commerce and mail-order selling). Contact details for the FEVAD are as follows: 60 Rue La Boétie – 75008 Paris –
16. Proof
The digital databases archived in IT systems belonging to DRESCO and its partners in reasonably secure conditions are considered proof of all communication, orders and payments made between the parties.
17. Customer service
The DRESCO customer service team is at your disposal for any queries or questions you may have:
- By phone, Monday to Friday from 9:00am to noon and from 2:00pm to 5:00pm at +33 (0)4 82 29 57 77
- By email:
[email protected] - By post: Service client DRESCO 6 Route des Gorres 94380 BONNEUIL SUR MARNE, France
18. Cookies
