Terms of Sales

Preamble

These conditions of use and general conditions of sale apply exclusively between any user of the online sales site www.smoon-lingerie.com (hereinafter the "Site") and the company Smoon (hereinafter "Smoon")

Purchases of products offered for sale on the Site are reserved for major non-commercial natural persons (hereinafter the “Customer”).

These general conditions of sale exclusively govern the sale of products offered on the Site. They are permanently accessible on the Site, and they are systematically validated by the Customer at the time of registration of the order.

Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale, of which he acknowledges having read.

Smoon reserves the right to modify these general conditions of sale at any time and without notice.

Section 1: Products

The products offered for sale are those appearing on the Site (hereinafter the "Products") within the limits of their availability, and the offers remain valid as long as they are visible on the Site and within the limits of available stocks.

Smoon reserves the right, at any time and without notice, to withdraw any Product for sale on the Site.

In the event of unavailability of a Product after validation of the order, Smoon undertakes to promptly inform the Customer by email and to indicate to him, if necessary, the waiting period for the delivery of the product. The Customer may confirm his order or request reimbursement of the product on the basis of the price invoiced.

The Products are described and represented with the greatest possible accuracy. However, the Customer acknowledges and accepts that the photographs cannot ensure a perfect similarity with the Product offered for sale, in particular with regard to the colors.

The differences may result from the color quality of the photographs, the difficulty of displaying the rendering of the materials on the screen or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as lack of conformity and lead to the cancellation of the sale.

In the event of manifest error or insignificant omission between the characteristics of the Product and its representation and/or its description, Smoon cannot be held liable.

Furthermore, for logistical and stock management reasons, Smoon reserves the right to limit the maximum number of Products per order.

Article 2: Price

The prices of the Products indicated on the Site are in euros (€), all taxes included and do not include participation in preparation and delivery costs, the amount of which, which may vary according to the country of delivery, is specified before the final validation of the order by the Customer.

Customs duties, local taxes, import duties or state taxes may be required. These rights and sums are not the responsibility of Smoon. They will be at your expense and are your sole responsibility both in terms of declaration and payment to the competent authorities and bodies in your country. We advise you to inquire about these aspects with the local authorities.

Any order implies acceptance of the prices and description of the Products available for sale.

In the event of an obvious price error, which may in particular be due to a technical problem, Smoon reserves the right not to accept the order and to cancel it. Smoon will inform the Customers concerned as soon as possible and will offer them to place their order again with the corrected price.

Smoon reserves the right, at any time and without notice, to modify the price of the Products on the Site.

When an order has been made with a promotional code offering a reduction linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may have the effect of ending the reduction, when the number of items necessary for the application of this reduction is no longer reached. The refund made to the Customer will take into account, where applicable, the fact that the reduction is no longer applicable and the difference will therefore be deducted from the amount refunded to the Customer for the returned items. The same applies to the purchase of a pack comprising several Products and offering a reduction linked to the number of Products in the pack.

Article 3: Order

Any Customer who wishes to place an Order selects the Product(s) of his choice by clicking on "Add to basket". By going to the page of his shopping cart, he can click on “Buy”. At the end of this step, a summary page corresponding to the Order form appears on the screen, allowing the Customer to make any changes and to find out about the delivery method and its cost, as well as the countries of delivery. He must provide the following information: surname, first name, postal address, email address, telephone number, type of payment card, payment card number as well as its expiry date and the cryptogram number written on the back of the card. The Customer must ensure the accuracy of this information before confirming his order. He can then validate the order by clicking on "Access payment".

The Customer may create a customer account if he wishes. To do this, he must provide a valid email address and postal address and a password. You undertake, under your sole responsibility, to keep the password confidential and never to communicate it to third parties. Accordingly, any purchase made using this Account will be deemed to be made by you. In the event of loss, theft, or any fraudulent use of your password, you agree to keep Smoon informed immediately.

To access the validation of the order, the Customer must read the General Conditions of Sale and expressly accept them by ticking the box provided for this purpose. This validation implies express acceptance of all operations carried out on the Site.

The Purchasing Customer guarantees to Smoon that he has the necessary authorizations to use the payment method he has chosen for his order. All orders placed on the Site are paid exclusively online via credit card. The order is taken into account only after entry of the bank card number, its expiry date and cryptogram number written on the back of the card for payment.

After payment, the Customer will receive an order confirmation email. This email does not constitute acceptance of the order by Smoon, which reserves the right to refuse an order, in particular in the event of an order whose nature is abnormal (in particular due to the ban on the purchase of Products for resale), complaints, exchanges or abnormal or abusive returns, an existing dispute with the Customer, non-payment of a previous order.

Smoon cannot be held responsible for an input error on the part of the Customer which would not allow the receipt of the confirmation email and/or the delivery of the order.

Article 4: Payment

Payment for the order is made by credit card (Carte Bleue, Visa, Mastercard or American Express). The debit is made at the time of validation of the order, after confirmation from the card-issuing bank. If the bank refuses, the order will be automatically cancelled. Transaction security is provided by Stripe.

When the sale is made physically, outside the website, the transaction will go through an external payment terminal by credit card or cash.

Article 5: Delivery

The Products for sale on the Site are delivered in Metropolitan France, in the DOM-TOMs and in Europe only, by the carrier selected when validating the order.
You can write to us at contact@smoon-lingerie.com if you wish to be delivered to another country. We will study the feasibility of the request and the cost.

5.1 Delivery method

The Products are delivered to the customer's home or to any other address of his choice indicated in the delivery form when ordering and subject to being in a country to which Smoon delivers.

5.2 Delivery costs

Delivery costs are calculated at a flat rate based on the number of Products and the delivery address of each Order, and this automatically includes postage and packaging. The amount of the delivery costs is indicated in the Order basket, in the Order summary and on the invoice.

5.3 Delivery time

The order preparation time is 72 hours maximum. An email is sent to the customer by Smoon as soon as the order has been dispatched. Delivery times are between 1 and 10 days depending on the destination and the carrier selected. Exceeding a delivery time may not give rise to any damages or withholding of any kind whatsoever, nor to the cancellation of Orders in progress when this overrun results either from the customer, or from the unforeseeable and insurmountable fact of a third party to the contract, or from a case of force majeure. In case of prolonged delay after sending the shipping confirmation email, the buyer must report this delay within a maximum of fifteen (15) days by sending an email to contact@smoon-lingerie.com

5.4 Status of delivery

The customer is required to check the condition of the packaging and the conformity of the Product delivered, and to express any reservations on the carrier's delivery slip.

5.5 Non-receipt of the order

The customer is required to do what is necessary to receive his package. In case of non-delivery, the package will be returned by the carrier to Smoon. The refund of the Product(s) will be made as soon as possible. However, shipping costs will not be refunded under any circumstances. If the customer benefited from free shipping, a deduction of €5 will be applied to the amount to be refunded to the customer.

Article 6: Right of withdrawal

6.1 Exercise of the right of withdrawal

In accordance with the law, the Customer has a right of withdrawal of fourteen (14) days following the date on which he received the Products, in order to return the Product(s) ordered without having to justify himself or to pay penalties other than the cost necessary to return the Product(s).

To exercise this right, the Customer is required to return the withdrawal form below. The Products must not have been worn or washed and must be returned in their original packaging and label, accompanied by the printed invoice (the invoice is available on the Site, in the "My Account" section or in the order confirmation email). Attention: Items returned incomplete, damaged, damaged or soiled by the Customer are not taken back.

The withdrawal form must be returned by the Customer by email to contact@smoon-lingerie.com

Withdrawal form:

6.2 Return terms

Return costs are borne by Smoon from mainland France, Belgium, Switzerland, Luxembourg and the Netherlands. For this, the Customer may make his return request within 30 (thirty) days after receipt of the order on our return platform . Following his return request, he must return the Products ordered (neither washed nor worn) within 14 (fourteen) days following the communication of his decision to withdraw under the conditions defined in article 6.1 above.

For any purchase made from abroad (DROM-COM included) or during a fair, a trade show, a pop-up store or a market, the return costs will be borne by the Customer. The Customer may return the ordered items, to Smoon, at his own expense, accompanied by his withdrawal form, invoice or delivery note, to the following address:

SMOON LINGERIE, 96 avenue of the republic, 75011 PARIS.

The Customer will assume the costs and risks of transporting the Products sold, after their delivery. However, article L221-28 of the consumer code lists the exclusions to the exercise of the right of withdrawal.

In addition, the abusive use of the commercial guarantee is prohibited. In addition, it is forbidden to make repetitive returns. The Buyer has the right to one return and one refund per order. In the event of abnormal or abusive returns, Smoon reserves the right not to accept the return and to refuse a subsequent order.

Only items that have not been worn or washed can be returned. If the items are in poor condition, Smoon reserves the right to refuse the exchange or refund of the items concerned. If the Customer wishes to recover them, the reshipping costs will be at his expense.

Smoon cannot be held responsible for any loss or damage occurring in transit. It is therefore recommended that the Customer use a tracked shipping service. In the event of loss or damage during transport, the Customer must contact his carrier directly. If the items are not received at the warehouse, Smoon will not be able to process the return and refund.

Return shipping costs, in the event of an exchange or order error, are the responsibility of Smoon.
If the Customer does not collect his package from a relay point within the time limit, 7 to 14 days depending on the relay selected, a symbolic contribution of five euros will be requested.

6.3 Refund

Once the Products have been returned, received and checked by Smoon, the Customer will be reimbursed. The refund will be made within thirty (30) calendar days from the date of receipt of the Products by Smoon, and subject to their eligibility for refund (article 6.1 above).

For a purchase made at a fair, a trade show, a pop-up store or a market, Smoon will offer an exchange of products or a credit note, to be used on the merchant site, up to the price of the Product returned by the Customer.

In the case of a return of one or more products making up a pack, the discount applied during the initial order may no longer apply and will be adjusted to correspond to the final number of items making up the order after the return/refund.

6.4 Satisfied or refunded operation

When the site displays a “satisfied or refunded” operation and only in this case, the Customer has 50 days from receipt of his order to return the Product if he is not convinced. He must notify Smoon via the contact form and explain the reasons for his dissatisfaction.

Any refund will be made by the same method of payment used for the payment of the original merchandise.

In the event of the purchase of several articles, only one article must have been worn and the customer must return the other unused articles according to the methods described above to be reimbursed in full. If multiple items have been used, only one will be refunded.

This offer does not apply to purchases made at fairs, trade shows, pop-up stores or markets.

Article 7: Legal guarantees

All Products benefit from the legal regime of the guarantee of conformity provided for in the Consumer Code, as well as the guarantee against hidden defects in the Civil Code, provided that use has been normal and that the maintenance advice has been followed:

• Consumer Code The seller is required to deliver goods that comply with 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

To comply with the contract, the good must: 1º Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

• 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 given only a lower price, if he had known of them.

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 8: Liability

Despite the care taken on our Site, the photographs and texts reproduced and illustrating the Products presented, may sometimes contain errors. In the event of receipt of an item that does not conform to the one viewed on the Smoon Site, the customer may exchange and/or refund it in accordance with article 6 of our general conditions of sale.

Smoon cannot be held liable for non-performance of the contract concluded in the event of:

• out of stock or unavailability of the Product, • disruption, total or partial strike in particular of the postal services or means of transport and/or communications • floods, fires, any case of force majeure and any other unforeseeable or independent fact of the Smoon company.

Finally, Smoon declines all responsibility:

• for any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site, • for non-substantial errors relating to the Products, • for the impossibility of contacting customer service and/or accessing the Site.

Leaks, wear and possible blood stains on the Products after use are not covered by the warranty.

Smoon cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt, Smoon's liability is systematically limited to the value of the Product in question, value on its date of sale and this without the possibility of recourse to the brand or the company producing the Product.

Article 9: Intellectual property

Use of the Site is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, brands, designs, models, logos, graphics, etc. found on this Site as well as their compilation are the exclusive property of Smoon or its suppliers, the latter granting no license or any right other than that of consulting the Site.

Smoon reminds that any reproduction, use or modification, partial or total, of any element of the Site is strictly prohibited, except with the prior, special and express authorization of Smoon.

Consequently, Smoon may take legal action, in particular for infringement, against anyone who, directly or indirectly, infringes its rights.

Article 10: Duration

These conditions apply for the entire duration of the online publication of the Products and services offered for sale by Smoon.

Article 11: Applicable law - Disputes

This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.

In accordance with the order of 08/20/2015, every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. Consult us at contact@smoon-lingerie.com to find out more.

Article 12: Modification of the general conditions of sale

Given the possible evolutions of the Site, Smoon reserves the right to adapt or modify these general conditions of sale at any time, without notice. The new general conditions of sale will, if necessary, be brought to the attention of the customer by online modification, without prior notification. It is therefore up to the Customer to read the general conditions of sale at each connection and order. They will only apply to sales made after the change.

Article 13: Personal information

Smoon undertakes not to disclose any information you provide to third parties. These remain confidential. They will only be used by our internal services for processing the order, to reinforce and personalize communication, in particular through the Smoon newsletters to which the Customer has chosen to subscribe.

Consequently, and in accordance with the data-processing law and freedoms of January 6, 1978, you have a right of access, rectification, and opposition to the personal data concerning you. To do this, simply send us a request online at contact@smoon-lingerie.com or by mail, indicating your surname, first name, address to: SMOON LINGERIE 96 avenue de la République, 75011 PARIS

For all details on this point, you can refer to our Confidentiality Charter which is permanently accessible on the Site.

Questions & contacts

For any questions or comments do not hesitate to contact us at contact@smoon-lingerie.com

Last update: June 05, 2023