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 https://www.lestropeziennes.fr website and the company SAS DRESCO, trading under the name Les Tropéziennes par M. Belarbi, with head offices located in Bonneuil-sur-Marne (94380), 6 Route des Gorres, with capital of €1,064,910, registered with the RCS CRETEIL register of trade and commerce under number 612.045.864.

These terms and conditions apply exclusively to non-trading natural persons.

02. Orders

CUSTOMERS can purchase items via the website. https://www.lestropeziennes.fr
Orders imply irrevocable acceptance of these terms and conditions of sale. These terms and conditions of sale may be subject to change. The applicable terms and conditions are those that apply across the https://www.lestropeziennes.fr website, in force on the date on which orders are placed.

Orders are placed as follows:

1. 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.
2. To continue shopping or to place their order, the CUSTOMER clicks on the corresponding button: either "continue shopping" or "view basket".
3. 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.
4. 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.
5. In the "delivery method" section, CUSTOMERS are required to choose their preferred delivery method.
6. In the "payment method" section, CUSTOMERS are required to choose their preferred payment method.
7. 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

1. Delivery in France

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 methods
• Mondial Relay

Mondial 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.

• So Colissimo Home Delivery

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.

• So Colissimo Other Options

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.

• Post office:

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.

• Espace Cityssimo:

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.

• Local shops

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

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.

Delivery times

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.

2. Delivery abroad

Delivery zones

Italy
Belgium, Luxembourg, Monaco
The Netherlands

Delivery methods
• La Poste International

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.

• Mondial Relay - Pick-up points

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.

Delivery turnaround times and costs

La Poste International & Mondial Relay

Italy

• La Poste International
• Delivery costs: €15 (incl. all taxes)
• Maximum delivery time: 15 working days

Belgium, Luxembourg, Monaco

• Mondial Relay delivery costs: €3 (incl. all taxes)
• La Poste international delivery costs: €10 (incl. all taxes)
• Maximum delivery time: 15 working days

The Netherlands

• La Poste International
• Delivery costs: €10 (incl. all taxes)
• Maximum delivery time: 15 working days

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 at the time the order is placed.

DRESCO does everything in its power to ensure data sent via the Internet and the www.lestropeziennes.fr website remains confidential and secure. To this effect, the website uses a module to encrypt the CUSTOMER's bank card details via the SSL (Secure Socket Layer) protocol. This means bank details are never visible across the network.

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:

• Either via the returns procedure
• Or using the withdrawal form below (Download the form)

The Customer may send returns to: Service Client Les Tropeziennes par M.Belarbi, Entrepot Dresco, 6 Route des Gorres 94380 Bonneuil sur Marne, France. In any event, the Customer must return the item(s) to be returned to Les Tropeziennes par M.Belarbi, with no excessive delay and no later than 14 days following notification of their decision to withdraw. The Customer is required to include their invoice in their return package.

In the event that a Customer chooses to exercise their right of withdrawal, Les Tropeziennes par M.Belarbi will refund the Customer for the price of the item(s) in question, and in the event that the entire order is returned, the delivery costs, based on the least expensive delivery option offered by Les Tropeziennes par M.Belarbi. The Customer remains liable for payment of the return costs for the item(s) in question. The Customer is refunded within 14 days of the date on which the Customer notified Les Tropeziennes par M.Belarbi of their decision to withdraw. In any event, refunds will not be issued prior to Les Tropeziennes par M.Belarbi receiving the item(s) for which the Customer is exercising their right to withdraw, or proof that the returns have been made.

Refunds are credited to the bank card used upon ordering within 24 to 48 hours of the PRODUCT(S) being received by Les Tropeziennes par M.Belarbi, unless another refund method is agreed upon by both the Customer and Les Tropeziennes par M.Belarbi. If the item in question has been damaged as a result of being handled for any reason other than to establish its nature, check its features or verify conformity, no refund shall be issued.

08. Returns and refunds

Independently from the right of withdrawal stipulated above, the CUSTOMER has 15 clear days from the date of receipt of the order to return items they do not wish to keep, with the exception of customised products.

Return requests must be made via the "My Returns" section in the CUSTOMER's account, within 15 days of receiving the order, in line with the following steps:

• Log a return request by selecting the number, order date and item(s) to be returned.
• Confirm your return request.
• If delivery was made to France, the CUSTOMER will then receive an email containing their return number and, where applicable, a return label to stick on their package. This label ensures no return fees are payable, and only applies to Mondial Relay returns.
• International returns are made at the Customer's own expense. Once you have logged your return request via your Customer account, returns are to be sent to: DRESCO SAS, 6 route des Gorres, 94380, Bonneuil sur Marne, France

All returned products (shoes, original packaging, accessories, notices, etc.) must be new, unused and in their original, intact box, with no written markings. Upon receipt of the package, DRESCO shall assess the condition of the returned merchandise. No returns are accepted and no refunds issued if the returned products have been visibly used or damaged by the CUSTOMER, and if this use or damage renders the product unfit for sale.

If items are returned in compliance with the terms and conditions given above, DRESCO shall proceed to issue refunds for returned products no later than 30 days following receipt of the merchandise. Refunds are made by transfer to the CUSTOMER's bank account, unless an alternative refund method is agreed upon by both parties.

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

The 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:
  1. 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;
  2. 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:
  1. 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;
  2. 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.
  The sale cannot, however, be cancelled if the lack of conformity is minor.
• 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 products

CUSTOMERS 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

In 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.

The 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 ([email protected])

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.

Customer 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.

The 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.

In 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.

Customers 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: [email protected]

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.

Some Customer data is essential to making purchases on the www.lestropeziennes.fr website, in particular with respect to order delivery. Prospect data is collected based on the legitimate interests of the data controller. Finally, Les Tropéziennes par M. Belarbi may process data as part of its legal obligations (for tax or litigation purposes, for example).

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 – http://www.mediateurfevad.fr. Once consumers have written to the mediation service concerning DRESCO, the mediation service may be used for any consumer disputes not resolved by applying the regulations. For details on how to appeal to the Mediator, click here.
For orders placed via the website, you may also submit any potential complaints you may have to the European Commission's dispute resolution platform: http://ec.europa.eu/consumers/odr/. The European Commission will then forward your complaint to the relevant, competent national mediators.

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 email: [email protected]
• By post: Service client DRESCO 6 Route des Gorres 94380 BONNEUIL SUR MARNE, France

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