General Terms and Conditions of Sale

Preamble

These terms of use and general terms and 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 non-commercial adult individuals (hereinafter the "Customer").

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

Consequently, placing an order implies the Customer's full and unconditional acceptance of these general terms and conditions of sale, which they acknowledge having read.

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

Article 1: Products

The products offered for sale are those listed on the Site (hereinafter the "Products") subject to availability, and offers remain valid as long as they are visible on the Site and while stocks last.

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

If a Product becomes unavailable after order confirmation, Smoon commits to promptly inform the Customer by email and, if applicable, indicate the waiting time for product delivery. The Customer may confirm the order or request a refund based on the invoiced price.

Products are described and represented as accurately as possible. However, the Customer acknowledges and accepts that photographs cannot guarantee a perfect match with the Product offered for sale, especially regarding colors.

Differences may result from the color quality of photographs, the difficulty of displaying material textures on the screen, or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects of conformity or lead to the cancellation of the sale.

In the event of a clear error or insignificant omission between the Product's characteristics and its representation and/or 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: Prices

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

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

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

In the event of an obvious pricing error, which may be due to a technical problem, Smoon reserves the right not to accept the order and to cancel it. Smoon will inform the affected Customers as soon as possible and offer them the option to reorder with the corrected price.

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

When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may result in the discount being canceled if the number of items required to apply the discount is no longer met. The refund made to the Customer will take into account, if applicable, that the discount is no longer valid, and the difference will be deducted from the amount refunded to the Customer for the returned items. The same applies to the purchase of a pack containing several Products and offering a discount related to the number of Products in the pack.

Article 3: Order

Any Customer who wishes to place an Order selects the Product(s) of their choice by clicking on "Add to cart". By going to their shopping cart page, they 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 review the delivery method and its cost, as well as the delivery countries. They must provide the following information: last name, first name, postal address, email address, phone number, type of payment card, payment card number, its expiration date, and the cryptogram number on the back of the card. The Customer must ensure the accuracy of this information before confirming their order. They can then confirm the order by clicking on "Proceed to payment".

The Customer may create a customer account if they wish. To do so, they must provide a valid email address, a valid postal address, and a password. You agree, under your sole responsibility, to keep the password confidential and never disclose it to third parties. Consequently, any purchase made using this Account will be deemed to have been made by you. In case of loss, theft, or any fraudulent use of your password, you agree to immediately inform Smoon.

To validate the order, the Customer must read and expressly accept the General Terms and Conditions of Sale by checking the box provided for this purpose. This validation constitutes express acceptance of all operations carried out on the Site.

The purchasing Customer guarantees Smoon that they have the necessary authorizations to use the chosen payment method for their order. All orders placed on the Site are paid exclusively online by credit card. The order is only processed after entering the credit card number, its expiration date, and the cryptogram number 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, especially in cases of abnormal orders (including the prohibition of purchasing Products for resale), abnormal or abusive claims, exchanges or returns, existing disputes with the Customer, or non-payment of a previous order.

Smoon cannot be held responsible for any input error by the Customer that would prevent the receipt of the confirmation email and/or the delivery of the order.

GWP Black Friday Offer:
The product offered as part of the GWP Black Friday offer is available while stocks last. In case of stock depletion, no substitute product or financial compensation will be offered.

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 order confirmation, after confirmation from the card issuing bank. In case of refusal by the bank, the order will be automatically canceled. Transaction security is ensured by Stripe.

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

Article 5: Delivery

The Products sold on the Site are delivered in Metropolitan France, in the DOM-TOM, and in Europe only, by the carrier selected at the time of order confirmation.
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

Products are delivered to the customer's home or any other address of their choice indicated in the delivery form during the order, provided it is in a country where Smoon delivers.

5.2 Delivery Fees

Delivery fees are calculated as a flat rate based on the number of Products and the delivery address of each Order, automatically; they include shipping and packaging. The amount of delivery fees is indicated in the shopping cart, in the order summary, and on the invoice.

5.3 Delivery Time

The order preparation time is a maximum of 72 hours. An email is sent to the customer by Smoon as soon as the order has been shipped. Delivery times range from 1 to 10 days depending on the destination and the selected carrier. Exceeding a delivery time will not give rise to any damages or deductions of any kind, nor to the cancellation of ongoing orders when this delay results either from the customer, from an unforeseeable and insurmountable act of a third party to the contract, or from a force majeure event. In case of prolonged delay after the shipment confirmation email has been sent, the buyer must report this delay within a maximum of fifteen (15) days by sending an email to contact@smoon-lingerie.com

5.4 Delivery Status

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

5.5 Non-receipt of the order

The customer is required to take the necessary steps to receive their 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 Exercising the right of withdrawal

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

To exercise this right, the Customer must return the withdrawal form below. The Products must not have been worn or washed and must be returned in their original packaging and with the original label, accompanied by the printed invoice (the invoice is available on the Site, in the "My Account" section or in the order confirmation email). Note: Incomplete, damaged, defective, or soiled items returned by the Customer will not be accepted.

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

Withdrawal form:

6.2 Return Conditions

Exchanges are free and covered by SMOON. Returns are the customer's responsibility, amounting to €4.9, which will be directly deducted from the refund. To do this, the Customer can make their return request within 30 (thirty) days after receiving the order on our return platformr. Following their return request, they must send back the ordered Products (not washed and not worn) within 14 (fourteen) days following the communication of their decision to withdraw under the conditions defined in article 6.1 above.

For any purchase made from abroad (including DROM-COM) 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 can return the ordered items to Smoon at their own expense, accompanied by their withdrawal form, invoice, or delivery note, to the following address:

SMOON LINGERIE, 96 avenue de la république, 75011 PARIS.

The Customer will bear 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.

Furthermore, abusive use of the commercial warranty is prohibited. Additionally, repeated returns are not allowed. The Buyer is entitled to only one return and one refund per order. In case of abnormal or abusive returns, Smoon reserves the right to refuse the return and to reject any future orders.

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 concerned items. If the Customer wishes to recover them, the reshipping costs will be at their expense.

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

Reshipping costs, in case of exchange or order error, are the responsibility of Smoon.
If the customer does not pick up their parcel at the relay point within the allotted time, 7 to 14 days depending on the selected relay, a symbolic fee of five euros will be charged.
 

6.3 Refund

Once the products are returned, received, and inspected by Smoon, the customer will be refunded. The refund will be made within thirty (30) calendar days from the date of receipt of the products by Smoon, subject to their eligibility for refund (see article 6.1 above).

For purchases made at fairs, trade shows, pop-up stores, or markets, Smoon will offer a product exchange or a credit to be used on the online store, up to the price of the product returned by the customer.

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

6.4 Satisfied or Refunded offer

When the site displays a "Satisfied or Refunded" offer, and only in this case, the customer has 60 days from receipt of their order to return the product if not convinced.

The customer must inform Smoon via the contact form or by email at the address contact@smoon-lingerie.com and specify the product(s) concerned.

All products, worn or unworn, must be returned:

• Worn products must be clean and washed before return.
• Unworn products must be returned in their original packaging.

In the case of purchasing multiple items, only one product per type (e.g., panties, swimsuit, shorts…) can be refunded if it has been worn.
Refunds are made after receipt, inspection, and validation of the returned products, using the same payment method as the original order, within an average of 10 days.

Return shipping costs are the responsibility of the customer. The offer is valid only once per customer and per product type.

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

6.5 Return, exchange, and refund policy during "2=3" promotional operations

For promotional offers of the type "2=3" (three products for the price of two – the cheapest one free), the following conditions apply:

1. Exchanges

• Paid products: exchanges are only possible for products of the same price.

• Free products: only a size exchange is allowed, on the same model. No product or reference changes are accepted for a free item.

2. Refunds

• Full refund: in case of a refund request for the entire order, the free product must be returned. Otherwise, no refund can be granted.

• Partial refunds: not allowed under this offer. In case of a partial return, the following will be offered:

  • a credit note for the corresponding amount,

  • or an exchange under the conditions specified above.

3. General conditions

• All returned products must be in perfect condition, unworn, with their original tags and in their original packaging.

• The applicable return periods are those mentioned in the general terms and conditions of sale.

• This offer cannot be combined with other promotions, unless otherwise indicated.

Article 7: Legal warranties

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

• Consumer Code The seller is required to deliver a good that conforms to the contract and is liable for defects of conformity existing at the time of delivery. They are also liable for defects of conformity resulting from packaging, assembly instructions, or installation when this has been assigned to them by the contract or carried out under their responsibility.

To be in conformity with the contract, the good must: 1º Be suitable for the usual use expected of a similar good and, if applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, especially in advertising or labeling; 2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good.

• Civil Code The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the intended use, or that so diminish that use that the buyer would not have purchased it, or would have paid a lower price, if they had known about them.

Action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.

Article 8: Liability

Despite the care taken with our Site, the photographs and texts reproduced and illustrating the Products presented may sometimes contain errors. In case of receipt of an item not conforming to the one viewed on the Smoon Site, the customer may proceed with its exchange and/or refund in accordance with Article 6 of our present general terms of sale.

Smoon cannot be held responsible for non-performance of the contract concluded in case of:

• stock shortages or Product unavailability, • disruption, total or partial strike, notably of postal services or means of transport and/or communications • floods, fires, any case of force majeure, and any other unforeseeable or independent event from the company Smoon.

Finally, Smoon disclaims all responsibility:

• for any Site interruption, occurrence of bugs, damage resulting from fraudulent intrusion by a third party causing modification of the information made available on the Site, • for non-substantial errors related to the Products, • for the inability to contact customer service and/or access 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 regulatory and legislative provisions in force in the country of reception; Smoon's liability is systematically limited to the value of the Product in question, valued at its sale date, without any possibility of recourse against the brand or the company producing the Product.

Article 9: Intellectual Property

The use of the Site is reserved for strictly personal use. In accordance with laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, trademarks, 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 other right except to view the Site.

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

Accordingly, Smoon may take legal action, including for counterfeiting, against anyone who directly or indirectly infringes its rights.

Article 10: Duration

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

Article 11: Applicable law - Disputes

This contract is subject to French law. The language of this contract is French. In case of dispute, French courts shall have exclusive jurisdiction.

In accordance with the ordinance of 08/20/2015, any consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with a professional. Contact us at contact@smoon-lingerie.com to learn more.

Article 12: Modification of the general terms and conditions of sale

Given possible changes to the Site, Smoon reserves the right to adapt or modify these general terms and conditions of sale at any time, without notice. The new general terms and conditions of sale will, if applicable, be brought to the customer's attention by online modification, without prior notification. It is therefore the Customer's responsibility to review the general terms and conditions of sale at each login and order. They will apply only to sales made after the modification.

Article 13: Personal Information

Smoon commits not to disclose to third parties the information you provide. This information remains confidential. It will only be used by our internal services for order processing, to strengthen and personalize communication, notably through Smoon newsletters to which the Customer has chosen to subscribe. By subscribing to these newsletters, the customer agrees to receive promotional offers concerning products sold by Smoon and health products sold by Smoon.  

Accordingly, and in accordance with the French Data Protection Act of January 6, 1978, you have the right to access, correct, and object to the personal data concerning you. To do so, simply send us a request online at contact@smoon-lingerie.com or by mail, indicating your name, first name, and address to: SMOON LINGERIE 96 avenue de la république, 75011 PARIS

For any details on this point, you can refer to our Privacy Policy, which is always accessible on the Site.

Questions & contact

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

Last updated: June 5, 2023