TERMS

These General Terms and Conditions of Sale are current as of 1 December 2019

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") govern the sales concluded between, on the one hand, the non-commercial natural person, (hereinafter referred to as "YOU") and, on the other hand, the company Village Du Monde Diffusion SARL, (hereinafter referred to as "STORIATIPIC"), via the OUTLET page of its website for e-commerce and online sales of fashion accessories and ready-to-wear (hereinafter referred to as the "PRODUCTS"), Available at https://www.storiatipic.com/fr/ (hereinafter referred to as the "SITE").

This SITE is reserved exclusively for individuals.

  1. THE COMPANY
  2. ACCEPTANCE OF THE T&CS
  3. PRODUCT DESCRIPTION AND AVAILABILITY
  4. CONDITIONS FOR PLACING AN ORDER
  5. ORDERING AND PURCHASING PROCEDURE
  6. PRICES AND INVOICES
  7. PAYMENT
  8. TRANSACTION SECURITY
  9. DELIVERY
  10. TRANSPORT AND LIABILITY
  11. RIGHT OF WITHDRAWAL
  12. PRODUCT COMPLIANCE
  13. RETURN PROCEDURE
  14. CUSTOMER SUPPORT SERVICE
  15. INTELLECTUAL PROPERTY
  16. RESPONSIBILITY
  17. PROTECTION OF PERSONAL DATA (GDPR)
  18. COOKIES
  19. APPLICABLE LAW
  20. ANNEXES
  21. ANNEX 1
  22. ANNEX 2

1- THE COMPANY

The Site is operated by Village du Monde Diffusion SARL, operator of the STORIATIPIC brand, located at 22A chemin des Lats 69510 MESSIMY, registered with the Lyon Trade and Companies Register under number 493 647 002, APE code 4771B.

2- ACCEPTANCE OF THE T&CS

You declare that you have read and accepted the T&Cs by ticking the box "I have read the General Terms and Conditions of Sale and I adhere to them without reservation" before the implementation of the online purchase procedure (hereinafter referred to as the "ORDER").

As these T&Cs may be subject to subsequent changes, the version applicable to your purchase is the one in force on the SITE on the date your ORDER is placed.

3- PRODUCT DESCRIPTION AND AVAILABILITY

STORIATIPIC presents in the page OUTLET of its Website the Products for sale and their detailed descriptions in the form of product sheets, in order to allow the potential customer to find out about the essential characteristics of the products he wishes to buy before placing an order.

STORIATIPIC will make its best efforts to ensure that the visual representations of the Products displayed on the Site are faithful to the original Products. However, as STORIATIPIC does not control the technical limitations of the colour rendering of the Client's computer equipment (screen, printer,...), STORIATIPIC cannot be held liable for the inaccuracy of the photographs appearing on the Website.

If you have any questions or require advice regarding the Products and their use, you can contact the Customer Support Department listed atArticle 14 of the T&Cs.

Our PRODUCT offers are valid as long as they are visible on the SITE and within the limit of available stocks.

4- CONDITIONS FOR PLACING AN ORDER

You declare that you are at least 18 years old and that you have the legal capacity or parental authorization to place an ORDER on the SITE.

You also declare that you do not purchase PRODUCTS with a view to reselling them.

5- ORDER AND PURCHASE PROCEDURE

You can place an ORDER for PRODUCTS on our SITE by following the following purchase procedure:

  1. Select the PRODUCTS to be purchased and add them to the shopping cart (hereinafter referred to as the "SHOPPING CART") by clicking on the corresponding button: "Add to my cart". The CART will contain the reference of the selected PRODUCT, its name, size, chosen color and price (taxes included but excluding shipping costs).
  2. To continue your purchases and your ORDER, simply click on the corresponding button: "Continue shopping".
  3. When you have completed all of your purchases, click on the "Order" button and you will be directed to the "summary of your order" page. You will then, if you wish, have the possibility to modify your ORDER.

    If you are satisfied with the ORDER, you will need to confirm it by clicking on the "Order" button once.
    This second acceptance will be equivalent to the conclusion of the contract.

    Your ORDER will be final after payment of the corresponding price. This will be carried out under the conditions set out in theArticle 7 of the T&Cs.

    It can only be called into question in the cases provided for by law and these T&Cs.
  4. After confirmation of the transaction, the number of your ORDER will be communicated to you.
  5. We will systematically send you an email confirming the validation of your ORDER and its shipment.

    In the event that the selected PRODUCTS are unavailable after your ORDER has been validated, we will inform you by email.

    Your ORDER will then be immediately cancelled and any payment will be refunded. We reserve the right to cancel or refuse any ORDER from a CUSTOMER with whom there is a dispute relating to the payment of a previous ORDER or who presents any risk.

6- PRICES AND INVOICES

The prices of the PRODUCTS are firm and indicated in euros, including all French taxes, excluding shipping costs (see article 9 – Delivery).

STORIATIPIC reserves the right to change its prices at any time, without prior notice.

However, the PRODUCTS will be invoiced on the basis of the prices in force at the time of validation of your ORDER.

The price will be payable in full in one go.

An invoice summarizing your ORDER will be sent to you (i) by email upon payment of your ORDER and (ii) upon shipment of your PRODUCTS.

7- PAYMENT

Payment for your purchases must be made using a credit card accepted by our banking partner. No other payment systems will be accepted.

8- TRANSACTION SECURITY

Our SITE is subject to a transaction security system (SSL).

9- DELIVERY

Delivery will only be made in metropolitan France and throughout the European Union.

However, STORIATIPIC may deliver its PRODUCTS to other territories.

For any information in this regard, please contact our customer support department at the email address indicated in theArticle 14 prior to the taking of any ORDER via the SITE. In this case, the provisions of the General Tax Code relating to VAT will apply.

The PRODUCTS will be sent to the delivery address you have indicated during the ORDER process, at the latest on the checkout page. All deliveries will be announced to you by email.

A delivery note will be available in each package.

We will ship ORDERS as quickly as possible, within a few days. The maximum delivery time will be 15 working days from the date of validation of the ORDER, unless expressly stipulated otherwise before the ORDER is placed and prior to its final validation.

Each delivery will be deemed to have been made as soon as the PRODUCT has been made available to you, by the postal service or by the carrier.

In the event of a delay in delivery, we will offer you a new delivery date by email.

In any event and in accordance with the legal provisions, in the event of a delay of more than 7 days, and not due to a case of force majeure, you may cancel your ORDER by sending us a registered letter with acknowledgement of receipt within 60 working days, to the address indicated inArticle 14.

In the event that you have received the PRODUCT after your cancellation, we will refund it as soon as it is received in a permanent state of sale.

10- TRANSPORT AND LIABILITY

STORIATIPIC reserves the choice of carrier.

The risks of transport are at your expense from the time the PRODUCT leaves our warehouse.

You are 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 note, if necessary. In this case, and if the return of the PRODUCTS is accepted as indicated in the Article 11 and 12 of the T&Cs, the return costs will be reimbursed (base rate in force).

11- RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, you have a period of fourteen (14) clear days from receipt of your PRODUCTS to exercise your right of withdrawal, without having to justify a reason or pay penalties.

This right shall be exercised by returning the PRODUCT(s) to STORIATIPIC before the expiry of the said period, in accordance with theArticle 13 of the T&Cs and to the address provided in theArticle 14, as evidenced by the postmark.

In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the PRODUCT(s) purchased as well as any delivery costs will be reimbursed.

The PRODUCT(s) must be returned in perfect resalable condition (unworn, without perfume smell, undamaged, damaged or soiled), in their original packaging, accompanied by any accessories and a copy of the purchase invoice. In addition, the PRODUCT(s) must not have been used for a long time (beyond a few minutes), must not have been in contact with a perfume, and must not bear the mark of prolonged use beyond the time necessary for their testing. They must be in a permanent state of commercialization.

The costs and risks associated with the return of the PRODUCT(s) will be borne by you.

The refund will be made by any means of payment within 30 days of receipt of the PRODUCT(s) by STORIATIPIC.

If the PRODUCTS are not in perfect resalable condition, the return will be refused.

12- PRODUCT COMPLIANCE

In accordance with the legal provisions in force relating to the conformity of the PRODUCT and in particular those specified in Appendix 1 of the T&Cs, we will refund or exchange you for PRODUCTS that appear to be defective or do not correspond to your ORDER.

The PRODUCT(s) must be returned in perfect resalable condition (unworn, without perfume smell, undamaged, damaged or soiled, in addition to the alleged defect), in their original packaging, accompanied by any accessories and a copy of the purchase invoice, in accordance with theArticle 13 and to the address provided in theArticle 14.

In addition, the PRODUCT(s) must not have been used for a long time (beyond a few minutes), and must not bear the mark of prolonged use beyond the time necessary for their testing. They must be in a permanent state of commercialization.

If the return is accepted, the price of the PRODUCT(s) purchased, the return costs (base rate in force), as well as any delivery costs will be reimbursed. The risks associated with the return of the PRODUCT(s) will be borne by you.

The refund will be made by any means of payment within 30 days of receipt of the PRODUCT(s) by STORIATIPIC.

You also benefit from the legal warranty against hidden defects, in accordance with the legal provisions specified in particular Appendix 1 of the T&Cs, which will be exercised under the conditions set out above.

The provisions of this article are without prejudice to your right of withdrawal provided for in theArticle 11.

13- RETURN PROCEDURE

For any return of PRODUCTS, you must contact our customer support service at the telephone number indicated atArticle 14 of the T&Cs. If STORIATIPIC accepts the return, you will then be assigned a return number and we will tell you the procedure to follow to return the PRODUCTS to us.

Any return that will be made without the agreement of STORIATIPIC and without a return number will be refused by STORIATIPIC.

In the event of non-compliance (Article 12), you will be offered an exchange and if the product is no longer available you will then be refunded for the said product(s).

14- CUSTOMER SUPPORT SERVICE

For any information, question or feedback, STORIATIPIC's Customer Support Service is at your disposal:

  1. By phone, on 04 72 49 86 13 from Monday to Friday from 9 a.m. to 5 p.m.;
  2. By email at the following address: support@storiatipic.com
  3. Address for return of packages: The address for returns will be given to you by the customer support department.

Please note that packages must include a return number on the packaging, provided by the customer support service. Any package that does not have a return number will be refused.

15- INTELLECTUAL PROPERTY

Village Du Monde Diffusion SARL is the owner of all intellectual property rights relating to the SITE and the exploitation of the STORIATIPIC brand.

The name and trademark, logos, drawings, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

No title or rights whatsoever in any material or software may be obtained by downloading or copying any material from this Site. You are strictly prohibited from reproducing (except for your own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, removing, adding to, modifying or working on this Site and the materials and software contained therein, or selling or participating in any sales in connection with this Site, the elements of this Site or any software related to it.

STORIATIPIC grants you a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances. The license is granted for the duration of use of the Site.

Any use by you of the company names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

You acknowledge that no rights are granted to you, other than the right to use it for its purpose.

16- LIABILITY

The photographs of the PRODUCTS are provided for illustrative purposes only. We invite you to refer to the description of each PRODUCT to find out its precise characteristics.

STORIATIPIC cannot be held liable:

  1. In the event of a delay in delivery, for any reason whatsoever ;
  2. In the event of a shortage of available stocks ;
  3. In the event of cancellation of the ORDER for a reason referred to in theArticle 5.

Consequently, you will not be able to claim any compensation, of any kind whatsoever, from STORIATIPIC.

In addition, STORIATIPIC cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion, the presence of a computer virus, or any other external fact.

You are responsible for your personal space allowing the management of your purchases, (hereinafter referred to as the "ACCOUNT"), the personal data contained therein, your password, as well as the use that may be made of your bank card.

17- PROTECTION OF PERSONAL DATA (GDPR)

To open your ACCOUNT, STORIATIPIC asks that you provide certain elements that allow:

  1. to respond to your request (performance of the contract),
  2. to send you the products ordered to the address provided,
  3. to inform you of current promotional offers,
  4. to send you a newsletter.

To do this, we collect your email address, your first and last name, your postal address (N°, street, City, CP).

You are responsible for the provision and accuracy of such personal data and undertake to update it as necessary to enable the performance of the contract.

Under no circumstances does STORIATIPIC collect or process personal data that reveals, directly or indirectly, your racial or ethnic origins, your political, philosophical or religious opinions, your trade union membership, or relating to your health or sex life.

We do not collect any directly nominative personal data about you without your knowledge or prior consent. Only personal information provided voluntarily is collected.

We apply the obligations and provisions of Law 78-17 of 6 January 1978 as amended (in particular by the Law of 6 August 2004) known as "Informatique et Libertés" and its decrees. We process this type of data fairly and lawfully and in accordance with your rights.

The controller of this personal data of STORIATIPIC is:

Dominique GOZARD

In accordance with the French Data Protection Act, you have the right to access, rectify, oppose and delete your personal data.

You can exercise these rights by sending us your request by post to: STORIATIPIC - Village Du Monde Diffusion - 22A Chemin des Lats – 69510 - MESSIMY - France or by email to: support@storiatipic.com

In addition, you have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés), 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07.

We undertake not to communicate, assign or transfer your personal data to third parties without your express prior consent. We will not pass on your personal data to third parties who do not guarantee adequate protection. We may disclose your personal data pursuant to a legal obligation or court order.

The personal data you provide to us will be stored on the servers of STORIATIPIC or its technical service provider. We are committed to keeping them in optimal safety conditions.

The data retention time is proportional to the time your account is activated.

18- COOKIES

In order to process your order, and in order to better understand your needs and to personalise the services offered on the Website, STORIATIPIC uses cookies. A cookie is a computer file, stored on the hard drive of the Customer's microcomputer, which is intended to signal the Customer's visit to the Site.

Cookies remember your time spent on the Site, your identity (known through your email address and password) and the contents of your shopping cart.

You can object to the storage of cookies by configuring your internet browser. You then lose any personalization of the service offered to you on the Site.

19- APPLICABLE LAW

These T&Cs are governed by French law.

In the event of a dispute between the parties, they will endeavour to settle it amicably within fifteen days of the disagreement. If the dispute persists, it will be brought at the request of the most diligent party before the competent Courts of Lyon.

ANNEXES

ANNEX 1

Article L211-4 of the Consumer Code

« Created by Ordinance No. 2005-136 of 17 February 2005 - art. 1 JORF 18 February 2005

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.

NOTE:
Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance shall apply to contracts concluded after its entry into force. »

L211-5 of the Consumer Code

« Created by Ordinance No. 2005-136 of 17 February 2005 - art. 1 JORF 18 February 2005

To comply with the contract, the property must:

  1. Be fit for the usual use expected of a similar good and, if applicable:
    1. correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ;
    2. have the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling ;
  2. Or have 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.

»

NOTE:
Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance shall apply to contracts concluded after its entry into force.

Article L211-12 of the Consumer Code

« Created by Ordinance No. 2005-136 of 17 February 2005 - art. 1 JORF 18 February 2005

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

NOTE:
Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance shall apply to contracts concluded after its entry into force.

Article 1641 of the Civil Code

"The seller is bound by the warranty in respect of 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."

Article 1648 paragraph 1 of the Civil Code

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

ANNEX 2

Article L121-20-3 of the Consumer Code

« Amended by Law No. 2008-3 of 3 January 2008 - art. 28

The supplier must indicate, before the conclusion of the contract, the deadline by which it undertakes to deliver the goods or to perform the provision of services. Otherwise, the supplier is deemed to have to deliver the goods or perform the services as soon as the contract is concluded. In the event of non-compliance with this deadline, the consumer may obtain the cancellation of the sale under the conditions provided for in the second and third paragraphs of Article L. 114-1. It shall then be reimbursed under the conditions of Article L. 121-20-1.

In the event of a supplier's failure to perform the contract as a result of the unavailability of the goods or services ordered, the consumer must be informed of this unavailability and must, where appropriate, be able to be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid. Beyond this term, these sums are interest-bearing at the legal rate.

However, if the possibility has been provided for prior to the conclusion of the contract or in the contract, the supplier may provide a good or service of equivalent quality and price. The consumer is informed of this possibility in a clear and understandable manner. The return costs resulting from the exercise of the right of withdrawal are, in this case, the responsibility of the supplier and the consumer must be informed of this.

The trader shall be liable to the consumer by operation of law for the proper performance of the obligations arising from the contract concluded at a distance, whether those obligations are to be performed by the trader who concluded the contract or by other service providers, without prejudice to his right of recourse against them.

However, he may exonerate himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. »

Article L121-18 of the Consumer Code

« Amended by Law No. 2008-3 of 3 January 2008 - art. 29Amended by Law No. 2008-3 of 3 January 2008 - art. 30

Without prejudice to the information provided for in Articles L. 111-1 and L. 113-3 as well as that provided for the application of Article L. 214-1, the contract offer must include the following information:

  1. The name of the seller of the product or service provider, telephone numbers allowing effective contact with him, his address or, in the case of a legal person, his registered office and, if different, the address of the establishment responsible for the offer ;
  2. Where applicable, the delivery costs ;
  3. The terms of payment, delivery or performance ;
  4. The existence of a right of withdrawal and its possible limits or, in the event that this right does not apply, the absence of a right of withdrawal ;
  5. The duration of the validity of the offer and the price of the offer ;
  6. The cost of using the distance communication technique used when it is not calculated by reference to the basic tariff ;
  7. Where applicable, the minimum duration of the proposed contract, where it relates to the continuous or periodic supply of goods or services.

This information, the commercial nature of which must be unequivocal, shall be communicated to the consumer in a clear and comprehensible manner, by any means adapted to the distance communication technique used. In the case of canvassing by telephone or any other similar technique, the professional must explicitly indicate at the beginning of the conversation his identity and the commercial nature of the call. »

Article L121-19 of the Consumer Code

« Amended by Law No. 2008-3 of 3 January 2008 - art. 29

  1. The consumer must receive, in writing or on another durable medium at his disposal, in good time and at the latest at the time of delivery:
    1. Confirmation of the information referred to in 1° to 4° of Article L. 121-18 and of the information also contained in Articles L. 111-1 and L. 113-3 as well as of the information provided for the application of Article L. 214-1, unless the professional has complied with this obligation before the conclusion of the contract ;
    2. Information on the conditions and procedures for exercising the right of withdrawal ;
    3. The address of the supplier's establishment where the consumer can submit complaints ;
    4. Information relating to after-sales service and commercial guarantees ;
    5. The conditions for terminating the contract when it is for an indefinite period or more than one year.
  2. The provisions of this Article shall not apply to services provided in one go by means of a distance communication technique and invoiced by the operator of this technique, with the exception of 3°.
  3. The means of communication allowing the consumer to follow the execution of his order, to exercise his right of withdrawal or to invoke the warranty only bear communication costs, to the exclusion of any specific additional costs.

»

Article L121-20-1 of the Consumer Code

« Amended by Law No. 2008-3 of 3 January 2008 - art. 31

When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all the sums paid, as soon as possible and at the latest within thirty days of the date on which this right was exercised. Beyond this, the amount due is, by operation of law, subject to interest at the legal rate in force. This refund is made by any means of payment. On the proposal of the professional, the consumer who has exercised his right of withdrawal may, however, opt for another method of reimbursement. »

Article L136-1 of the Consumer Code

« Amended by Law No. 2008-3 of 3 January 2008 - art. 33

The professional service provider shall inform the consumer in writing, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, up to that date, to the performance of the contract. In the absence of repayment under the conditions provided for above, the sums due shall bear interest at the legal rate.

The provisions of this Article shall apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information.

The three preceding paragraphs do not apply to operators of drinking water and sanitation services. They are applicable to consumers and non-professionals. »