Terms of sale

Preamble

These terms 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 non-commercial individuals of legal age (hereinafter the "Customer").

These general terms and conditions of sale govern exclusively the sale of products offered on the Site. They are permanently accessible on the Site, and are systematically validated by the Customer when the order is placed.

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

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

Article 1 : Products

The products offered for sale are those shown on the Site (hereinafter the "Products") within the limits of their availability, and 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 inform the Customer promptly by email and to indicate, where applicable, the waiting period for delivery of the Product. The Customer may confirm the order or request a refund of the product at the invoiced price.
The Products are described and represented as accurately as possible. However, the Customer acknowledges and accepts that the photographs cannot ensure perfect similarity with the Product offered for sale, particularly with regard to colors.

Differences may result from the color quality of the photographs, from the difficulty of rendering the materials on the screen, or from technical adaptation. Such differences may not be interpreted as defects in conformity and may result in the cancellation of the sale.
In the event of a manifest error or insignificant omission between the characteristics of the Product and its representation and/or description, Smoon shall not 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 preparation and delivery charges, 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. You are entirely responsible for their declaration and payment to the competent authorities and organizations in your country. We advise you to check with your local authorities.

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 Customers concerned as soon as possible and offer them the opportunity to place their order again at the corrected price.

Smoon reserves the right, at any time and without prior notice, to modify the prices 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 have the effect of terminating the discount, when the number of items required to apply this discount is no longer reached. The refund made to the Customer will take into account, where applicable, the fact that the discount is no longer applicable, and the difference will therefore be deducted from the amount refunded to the Customer for the items returned. The same applies to the purchase of a pack comprising several Products and offering a discount linked to the number of Products in the pack.

Article 3 : Order

Customers wishing to place an Order select the Product(s) of their choice by clicking on "Add to basket". On the shopping basket page, they can click on "Buy". At the end of this stage, a summary page corresponding to the Order form appears on the screen, allowing the Customer to make any modifications and to take note of the delivery method and its cost, as well as the countries of delivery.

The customer must provide the following information: surname, first name, postal address, e-mail address, telephone number, type of payment card, payment card number, expiry date and cryptogram number written on the back of the card. The Customer must ensure that this information is correct before validating the order. The order can then be validated by clicking on "Proceed to payment".

Customers may create a customer account if they wish. To do so, he/she must provide a valid e-mail address, a valid postal address and a password. You undertake, under your sole responsibility, to keep the password confidential and never to communicate it to third parties. Consequently, any purchase made using this Account will be deemed to have been made by you. In the event of loss, theft or any fraudulent use of your password, you undertake to inform Smoon immediately.
To validate the order, the Customer must read the General Terms and Conditions of Sale and expressly accept them by ticking the appropriate box. This validation implies express acceptance of all operations carried out on the site.

The purchaser guarantees Smoon that he/she has the necessary authorizations to use the method of payment chosen for his/her order. All orders placed on the Site are paid for exclusively online by credit card. The order is taken into account only after the credit card number, its expiry date and the cryptogram number written on the back of the card for payment have been entered.

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 case of an order of an abnormal nature (in particular due to the prohibition on purchasing Products for resale), complaints, abnormal or abusive exchanges or returns, an existing dispute with the customer, or non-payment of a previous order. Smoon cannot be held responsible for a data entry error on the part of the customer that would prevent receipt of the confirmation email and/or delivery of the order.

Article 4 : Payment

Payment is made by credit card (Carte Bleue, Visa, Mastercard or American Express). Payment is debited when the order is validated, after confirmation from the card-issuing bank. In the event of refusal by the bank, the order will be automatically cancelled. Transaction security is ensured by Stripe.

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

Article 5 : Deliver

Products for sale on the Site are delivered to Metropolitan France, French overseas departments and territories and Europe only, by the carrier selected when the order is validated.
You can write to us at contact@smoon-lingerie.com if you would like delivery 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 address or to any other address of the customer's choice indicated on the delivery form when the order is placed, provided that the customer is located in a country to which Smoon delivers.

5.2 Delivery charges

Delivery charges are calculated automatically on a flat-rate basis according to the number of Products and the delivery address of each Order, and include postage and packaging. Delivery charges are indicated in the shopping basket, in the Order summary and on the invoice.

5.3 Delivery time

Order preparation takes a maximum of 72 hours. An e-mail 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.

If a delivery date is not respected, no damages or interest of any kind will be claimed, and no Sales Order will be cancelled if said delivery date is exceeded due to reasons beyond the customer's control, whether caused by an unforeseeable and insurmountable event or by a case of force majeure. In the event of a prolonged delay after the dispatch confirmation e-mail has been sent, the purchaser must report this delay within a maximum period of fifteen (15) days by sending an e-mail to contact@smoon-lingerie.com.

5.4 Delivery condition

It is the customer's responsibility to check the condition of the packaging and the conformity of the Product delivered, and to note any reservations on the carrier's delivery slip.

5.5 Non-receipt of order

The customer must take all necessary steps to receive the parcel. In the event of non-delivery, the parcel will be returned to Smoon by the carrier. The Product(s) will be reimbursed as soon as possible. However, shipping costs will not be reimbursed under any circumstances. If the customer benefits from free shipping, a deduction of 5€ will be applied to the amount to be reimbursed 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 following the date on which he received the Products, in order to return the Product(s) ordered without having to justify himself or pay any penalties other than the cost of returning the Product(s).

To exercise this right, the Customer must return the retraction 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 e-mail). Please note: Items returned incomplete, spoiled, damaged or soiled by the customer will not be taken back. The retraction form must be returned by the customer by email to contact@smoon-lingerie.com.

Cancellation form :

6.2 Return policy

Smoon will cover the cost of returns from Metropolitan France, Belgium and Luxembourg. To do this, the customer may request a return within 30 (thirty) days of receipt of the order on our returns platform. Following their return request, they must send back the products ordered (unwashed and unworn) within 14 (fourteen) days of communicating their decision to retract under the conditions defined in article 6.1 above.

For all purchases made from abroad (including DROM-COM) or during a trade fair, an ephemeral store or a market, the return costs will be charged to the Customer. The customer may return the items ordered to Smoon, at his or her own expense, accompanied by the withdrawal form, invoice or delivery note, to the following address:
SMOON LINGERIE, 96 avenue de la république, 75011 PARIS.

The customer shall bear the costs and risks of transporting the Products sold after delivery.

However, article L221-28 of the French Consumer Code lists the exclusions to exercising the right of withdrawal.

In addition, misuse of the commercial warranty is prohibited. Repetitive returns are also forbidden. The Buyer is entitled to a single return and a single 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 unworn and unwashed items may 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 have the items returned, he/she will be responsible for the return shipping costs.

Smoon cannot be held responsible for any loss or damage during transport. The customer is therefore advised to use a tracked delivery service. In the event of loss or damage in transit, the Customer should contact the carrier directly. If items are not received at the warehouse, Smoon will not be able to process the return and refund.

If the Customer does not pick up the parcel at a relay point within the allotted time, 7 to 14 days depending on the relay selected, a token fee of five euros will be charged.
 

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, trade show, ephemeral store or market, Smoon will offer a product exchange or 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 to the initial order will 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 your money back

When the site displays a "satisfied or reimbursed" 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. They must notify Smoon via the contact form and explain the reasons for their dissatisfaction.

Any refund will be made by the same method of payment used to pay for the original merchandise.
In the event of the purchase of several items, only one item must have been worn and the customer must return the other unused items as described above in order to receive a full refund. If several items have been used, only one will be refunded.

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

Article 7 : Legal warranties

All Products are covered by the legal guarantee of conformity set out in the French Consumer Code, as well as by the guarantee against hidden defects set out in the French Civil Code, provided that they have been used normally and that the maintenance instructions have been followed:

• Consumer Code The seller is obliged to deliver goods in conformity with the contract, and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

To conform to the contract, the goods must :

1º Be fit for the purpose ordinarily expected of similar goods and, where 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 purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2º Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

• Civil Code The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Any action arising from redhibitory defects must be brought by the purchaser within two years of 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 the event of receipt of an item that does not conform to the one viewed on the Smoon site, the customer may exchange it and/or be reimbursed in accordance with article 6 of our present terms and conditions of sale.

Smoon shall not be held liable for non-performance of the contract entered into in the event of :

• stock shortage or unavailability of the Product,
• disruption, total or partial strike, notably of postal services or means of transport and/or communications
• flooding, fire, force majeure or any other unforeseeable event beyond Smoon's control.

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,
• 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 receipt, the responsibility of Smoon is systematically limited to the value of the Product in question, value at its date of sale and without possibility of recourse against the brand or company producing the Product.

Article 9 : Intellectual property rights

Use of the Site is strictly personal. In accordance with the 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 right other than that of consulting the Site.

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

Consequently, Smoon may take legal action, in particular for counterfeiting, against all those who, directly or indirectly, infringe its rights.

Article 10 : Duration

The present conditions apply for the entire duration of the online availability of the Products and services offered for sale by Smoon.

Article 11 : Applicable law - Disputes

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

In accordance with the order of 20/08/2015, any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute opposing him or her to a professional. Contact us at contact@smoon-lingerie.com to find out more.

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

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

Article 13 : Personal information

Smoon undertakes not to divulge to third parties any information you may communicate to us. This information remains confidential. It will only be used by our internal services to process the order and to reinforce and personalize communication, in particular through Smoon newsletters to which the customer has chosen to subscribe.

Consequently, and in accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to any personal data concerning you. To do so, simply send us a request online at contact@smoon-lingerie.com or by post, stating your surname, first name and address to : SMOON LINGERIE 96 avenue de la république, 75011 PARIS
For further information on this point, please refer to our Privacy Policy, which is permanently available on the Site.

Questions & contact

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

Last update: May 11, 2022