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Sicili Clan

General conditions of sale of products online to private consumers

Introduction

The present general conditions of sale apply to all sales concluded on the Sicili Clan website.

The website www.siciliclan.com is a service of:

The Sicili Clan website sells the following products: family wear clothes.

The customer declares that they have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Principles

The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in shops or through other distribution and marketing channels.

They are accessible on the Sicili Clan website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with headquarters in France.

 

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Sicili Clan website.

The present conditions only concern purchases made on the Sicili Clan website and delivered exclusively to France, the DOM-TOM, Europe and the United Kingdom.

These purchases concern the following products: family wear.

 

Article 3 – Pre-contractual information

The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The buyer shall be provided with the following information in a clear and comprehensible manner:

– the essential characteristics of the property ;

– the price of the good and/or the way the price is calculated;

– where applicable, any additional transport, delivery or postage costs and any other charges that may be due;

– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, irrespective of the price;

– information relating to the identity of the seller, its postal and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions.

 

Article 4 – The order

The buyer can place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or good ordered.

In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. They must also choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

– after the seller has sent the buyer confirmation of acceptance of the order by e-mail;

– and after receipt of the full price by the seller.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: contact@siciliclan.com.

 

Article 5 – Electronic signature

The online provision of the buyer’s credit card number and the final validation of the order shall be deemed proof of the buyer’s agreement:

– due and payable under the purchase order;

– signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller by email at the following email address: contact@siciliclan.com.

 

Article 6 – Order confirmation

The seller shall provide the buyer with an order confirmation by e-mail.

 

Article 7 – Proof of the transaction

The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Article 8 – Product information

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation. The photographs of the products are not contractual.

Article 9 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

 

Article 10 – Method of payment

This is an order with a payment obligation, which means that the placing of the order implies payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

Payment of the price shall be made in full on the day of the order, in accordance with the following procedures:

– bank card

 

Article 11 – Availability of products – Refunds – Resolution

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the deadline is 3-5 days from the day after the buyer has placed his order, according to the following modalities: by Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or delivery period is not met, the buyer shall, before withdrawing from the contract, require the seller to perform within a reasonable additional period.

In the event of failure to perform on expiry of this new period, the buyer may freely break the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

The buyer may, however, immediately withdraw from the contract if the above-mentioned dates or deadlines are an essential condition of the contract for him.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

 

Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in the manner and within the period specified above.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure that it is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the letterbox, which will allow the buyer to collect the package at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).

This verification is considered to have been carried out when the buyer, or a person authorised by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by simple mail to the seller at the address indicated in the legal notices of the site.

If products need to be returned to the seller, they must be requested from the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

Article 13 – Delivery errors

The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made:

– by e-mail to the following address: contact@siciliclan.com.

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate this number to the buyer by e-mail. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered post, to the following address:

237 Chemin des Colles, 06740 Chateauneuf, France. Return shipping costs are at the seller’s expense.

 

Article 14 – Product guarantee 14- 1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code. In case of implementation of the legal guarantee of conformity, it is recalled that:

– the buyer has a period of 2 years from the delivery of the goods to act;

– the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;

– the buyer does not have to prove the non-conformity of the goods during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the goods.

 

14-2 Legal guarantee against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.

The buyer can choose between the cancellation of the sale or a reduction of the price in accordance with article 1644 of the civil code.

 

Article 15 – Right of withdrawal

Application of the right of withdrawal.

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw. If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed.

The exchange (subject to availability) or refund will be made within 21 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.

 

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

– the supply of goods whose price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period;

– the supply of goods made to the consumer’s specifications or clearly personalised;

– the supply of goods that are likely to deteriorate or expire rapidly;

– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

– the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

– the supply of alcoholic beverages where delivery is delayed beyond thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader’s control;

– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;

– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

– the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;

– the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

 

Article 16 – Force majeure

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.

The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.

All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers. The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

 

Article 17 – Intellectual property

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

Article 18 – Data protection

The nominative data provided by the buyer are necessary for the processing of the order and the establishment of the invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Sicili Clan website has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the Sicili Clan site.

 

Article 19 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

 

Article 21 – Title

In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.

 

Article 22 – Language of the contract

The present general terms and conditions of sale are written in English but the original document is in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The name, contact details and e-mail address of the mediator are available upon request.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

 

Article 24 – Applicable law

The present general conditions are subject to the application of French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim,

the buyer shall first contact the seller to obtain an amicable solution.

 

Article 25 – Protection of personal data

Data collected

The personal data that are collected on this site are the following:

– account opening: when the user’s account is created, the user’s surname, first name and e-mail address telephone number; postal address;

– connection: when the user connects to the website, the latter records, in particular, their name, first name, connection data, usage data, location data and payment data;

– profile: the use of the services provided on the website allows a profile to be filled in, which may include an address and a telephone number;

– payment: in the context of payment for the products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;

– communication: when the website is used to communicate with other members, data concerning the user’s communications is temporarily stored;

– cookies: cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.

 

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimisation of the website;

– organisation of the conditions of use of the Payment Services;

– verification, identification and authentication of data transmitted by the user;

– offer the user the possibility to communicate with other users of the website;

– implementation of user support;

– personalising services by displaying advertisements based on the user’s browsing history, according to their preferences;

– fraud prevention and detection, malicious software and security incident management;

– management of possible disputes with users;

– sending commercial and advertising information, according to the user’s preferences.

 

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;

– when the user publishes publicly available information in the free comment areas of the website;

– when the user allows a third party’s website to access their data;

– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

– if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;

– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

 

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

 

Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: contact@siciliclan.com.

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
  • the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
  • the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to restrict processing: users can ask the website to restrict the processing of their personal data in accordance with the assumptions of the GDPR.
  • the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the GDPR.
  • the right to portability: they can demand that the website gives them the personal data provided to it in order to transfer it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this data protection clause at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the possibility to delete their account.

 

 

 

 

 

 

Annex:

Withdrawal form

(to be completed by the consumer, and to be sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract)

To:

Sicili Clan

Located at: 237 chemin des Colles, 06740 Chateauneuf

E-mail: contact@siciliclan.com

I hereby notify you that I withdraw from the contract related to order n°……….. dated………….

Full name of the buyer:

Address of the buyer:

Date:

Signature:

 

Annex:

 

Consumer Code

 

Article L. 217-4: The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.

The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under the seller’s responsibility.

 

Article L. 217-5: The goods conform to the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so:

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

 

Article L. 217-6: The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

 

Article L. 217-7: Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the defect of conformity claimed.

 

Article L. 217-8: The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same shall apply where the defect originates in materials supplied by the buyer.

 

Article L. 217-9: In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods; however, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the extent of the defect. The seller shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

 

Article L. 217-10: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use the buyer is seeking. However, the sale may not be cancelled if the lack of conformity is minor.

 

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.

 

Article L. 217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Article L. 217-13: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law.

 

Article L. 217-14: The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.

 

Article L. 217-15: A commercial guarantee is any contractual commitment by a trader to the consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.

The commercial guarantee shall be the subject of a written contract, a copy of which shall be given to the buyer. The contract specifies the content of the guarantee, the terms and conditions of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.

In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.

In the event of non-compliance with these provisions, the guarantee shall remain valid. The buyer is entitled to avail himself of this.

 

Article L. 217-16: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.

This period shall run from the date of the buyer’s request for action or from the date on which the goods in question are made available for repair, if the goods are made available after the request for action.

 

Civil Code

Article 1641: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would only have paid a lower price for it, if he had known of them.

 

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or lack of conformity”.