Terms of sale

PRELIMINARY ARTICLE

Sonia Rykiel Création Paris (hereinafter "Sonia Rykiel") creates, designs and markets worldwide high fashion and ready-to-wear items, fashion accessories, shoes, leather goods, women's and men's luxury jewelry, home decoration and design items.

In order to better meet the expectations of its customers, Sonia Rykiel Création Paris wished to set up a system of distance selling by electronic means (internet) of a selection of Sonia Rykiel Création Paris Products (hereinafter the "Product(s)"). 

These general terms and conditions of sale are those of Sonia Rykiel Création Paris, a simplified joint stock company with a share capital of 2,000,000 euros, whose registered office is located at 41 Rue François 1er, 75008 Paris, France, registered in the Paris Trade and Companies Register under number 880 170 519; e-mail address: info@soniarykiel.com; VAT FR73 880170519.

ARTICLE 1 - SCOPE OF APPLICATION AND ACCEPTANCE OF THE GENERAL TERMS OF SALE 

These general terms and conditions of sale are applicable to all purchases of Items made remotely through the Sonia Rykiel Création Paris website identified by the domain name www.soniarykiel.com (hereinafter the "Site"). 

The Items are exclusively intended to be sold to final purchasers who are natural persons or legal entities, acting exclusively for their personal needs and without any direct connection with a commercial activity, to the exclusion of any resellers or intermediaries acting on behalf of resellers (hereinafter the "Customer(s)"). Therefore, the Customer affirms that he/she is acting as a consumer and that he/she does not intend to resell the Items for commercial purposes. The Customer also certifies that he/she has the legal capacity to enter into the commitments set forth in these general terms of sale.

Sonia Rykiel Création Paris may update and modify the general terms and conditions of sale at any time. The conditions applicable to the sale of an Item by a Customer are those in force at the time the sales contract is concluded. Each time you purchase an item on the Site, you will be asked to indicate your acceptance of the general terms and conditions of sale in force by checking the box "I accept the general terms and conditions of sale of Sonia Rykiel Création Paris". They will be visible before and at the time you are asked to confirm them. 

ARTICLE 2 - ORDERING PROCEDURES

2.1.1.     ORDERING BY INTERNET ON THE SITE

Ordering on the Site is subject to strict compliance with the procedures described below.

2.2.1 SELECTION OF ITEMS BY THE CUSTOMER

On the Site, the Customer selects, enters and validates the identification and the quantity of the Articles he wishes to order; the said Articles are added to his "Cart". 

The Customer can freely modify his "Shopping Cart", delete an initially selected Item, modify the quantities ordered or add an Item by clicking on the corresponding elements within the "Shopping Cart".

2.2.2 IDENTIFICATION

Once the Customer has completed his selection and wishes to validate his "Shopping Cart", he must identify himself. The Customer can also identify himself before selecting items.

A customer account is required to place an order on the Site:
  • If the Customer already has a customer account, he/she must identify himself/herself with his/her e-mail address and password;
  • If the Customer does not yet have an account, he/she will be asked to create one by confirming his/her name, home address, e-mail address and telephone number.
Customer's login and password are strictly personal, therefore each Customer agrees to keep them secure and never to disclose them to third parties. In the event of loss, theft or any fraudulent use of their customer account, Customers undertake to inform Sonia Rykiel Création Paris immediately.

2.2.3 VALIDATION OF THE ORDER

The Customer must also validate the delivery method and complete the information necessary for the proper shipment of the order (country of shipment, delivery address).

The Customer may, for a gift order, include an accompanying card and choose a gift wrapping.

The Customer can use his delivery address as his billing address or enter another one. The Customer will then be invited to choose his payment method and to complete the necessary information. 

Once all this information is regularly entered and validated, the price of the Articles (as defined in article 5 hereafter) as well as the possible carriage costs are automatically displayed.

The Customer must check the exactitude of his selection before confirming his order. At the end of the ordering process described above and after having accepted the entirety of the present general conditions of sale, the Customer clicks on "VALIDATE MY PAYMENT AND CONFIRM MY ORDER".

2.2.4 ORDER CONFIRMATION BY SONIA RYKIEL CRÉATION PARIS

An acknowledgement of receipt of the order is sent to the Customer by e-mail. In accordance with the provisions of article 1126 of the French Civil Code, the Customer accepts the use of electronic mail for the confirmation by Sonia Rykiel Création Paris of the content of its order. 

The acknowledgement of receipt shall include the order number, the total amount of the order, information on the cost and delivery time, the essential characteristics, the quantity and the price of the Items purchased.

At the time of shipment of the Items ordered to the delivery address chosen by the Customer, Sonia Rykiel Création Paris shall send an e-mail to the Customer informing him/her of said shipment as well as of the collection of the price, as provided for in Article 6 below. The sales contract is then definitively formed.

2.3 PROOF OF ORDER

In general, it is expressly agreed between Sonia Rykiel Création Paris and the Customer that e-mails shall be deemed authentic between the parties, as shall the automatic recording systems used by the Customer Relations Department or on the Site, in particular as to the nature and date of the order. In addition, pursuant to Article L.213-1 of the French Consumer Code, Sonia Rykiel Création Paris retains the elements relating to any order and makes them available to the Customer upon request to: customerservice@soniarykiel.com or to Sonia Rykiel Création Paris - Service Relation Clientèle - 41 Rue François 1er - 75008 Paris.

It is however recommended, for orders placed on the Site, that the Customer also keep a copy (in electronic format and/or on paper) of the elements relating to its order.

ARTICLE 3 - AVAILABILITY OF ITEMS

The Customer is informed at the time of the order, either by the Customer Service, or on the information page of the Site describing each of the Articles: 
  • of the availability of the Article ;
  • or, in the event of temporary unavailability of the Article, of the possibility of ordering it for a later delivery within the time specified on this occasion.
If, despite Sonia Rykiel Création Paris's vigilance, the Items ordered are no longer available, Sonia Rykiel Création Paris shall inform the Customer by any means as soon as possible. Sonia Rykiel Création Paris shall not be liable in case of unavailability of an item on the Site.

Sonia Rykiel Création Paris reserves the right to change at any time and without notice the Items offered on the Site.

ARTICLE 4 - REFUSAL OF AN ORDER

Purchases made on the Site or by telephone are reserved for Customers for their own use (or gifts) and not for resale. In accordance with the provisions of Article L. 121-11 of the French Consumer Code, Sonia Rykiel Création Paris shall be entitled to refuse any abnormal order.

Sonia Rykiel Création Paris shall also be entitled to refuse any order: (i) placed by a Customer with whom there is a dispute relating to the payment or delivery of a previous order; or (ii) which does not comply with these general terms of sale.

If Sonia Rykiel Création Paris finds that the order does not comply with these general terms and conditions of sale, it shall inform the Customer thereof either directly on the Site or by e-mail. Should the Customer fail to proceed with Sonia Rykiel Création Paris to correct the erroneous elements or elements contrary to these general terms and conditions of sale contained in its order within 5 calendar days following the aforementioned notification, Sonia Rykiel Création Paris reserves the right to purely and simply cancel the order and the payment.

ARTICLE 5 - PRICES OF THE ARTICLES

The prices displayed on the Site are indicated in Euros and are inclusive of all taxes (TTC). Prices may be displayed in a different currency, or changed by the Customer when the delivery country has a different currency.

The prices invoiced are those in effect on the date of the order, subject to the availability of the Items ordered at that time. Sonia Rykiel Création Paris reserves the right to modify at any time and without notice the prices of the Articles.

In accordance with the provisions of Article L.221-11 of the French Consumer Code, the customer shall receive, at the latest upon delivery, for each of the Items, written confirmation of the price paid detailing the price per Item and the delivery charges payable by the customer.

ARTICLE 6 - CONDITIONS OF PAYMENT

The provisions of article 1341 of the French Civil Code are inapplicable to sales concluded at a distance by Sonia Rykiel Création Paris.

In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debiting of the sums due by the Customer proves impossible, the sale shall be immediately cancelled and the purchasing process immediately terminated by Sonia Rykiel Création Paris.

6.1 PAYMENT BY CREDIT CARD OR BANK CARD

Payment of the Customer's purchases shall be made by credit card. Cards from the "CB" network, Visa©, Eurocard©, MasterCard©, American Express© are accepted. Cards issued by banks domiciled outside France must be international bank cards.

To this end, the Customer guarantees Sonia Rykiel Création Paris, when ordering via the Internet, that he/she is the personal holder of the bank card used for payment of the order and that the first and last names appearing on this bank card are his/her own. The Customer then communicates, in a secure environment on the Internet, the number and expiration date as well as the visual cryptogram numbers appearing on his or her bank card.

On the Site, after the validation of the bank details by the Customer, the Customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority.

The transaction is then carried out by the Customer according to the banking security standards. Authentication is specific to each bank. Both by telephone and on the Site, by communicating his or her bank card number and/or bank details, the Customer accepts in advance and unconditionally that Sonia Rykiel Création Paris may carry out the secure transaction and authorizes its bank in advance to debit his or her account on the basis of the records or statements transmitted by Sonia Rykiel Création Paris, even in the absence of invoices signed by the holder of the bank card used. 
  

6.2 PAYMENT BY PAYPAL

Sonia Rykiel Création Paris accepts payments made through Paypal. 

At the time of validation of the order, the Customer shall choose the "Paypal" payment option and shall be automatically redirected to the "Paypal" platform.

The Customer will then have to connect to his "Paypal" account via his contact information. If he does not have a PayPal account, he can create one on this occasion. After validation of his order with "Paypal", the Customer will be redirected to the confirmation page of soniarykiel.com. 

The shipment of the order takes place only after verification of the payment method, receipt of the debit authorization of the Customer's bank card or, confirmation of Paypal, verification of the conformity of the order to the present general conditions of sale and of the availability of the Article(s).

ARTICLE 7 - DELIVERY

Delivery is available nationwide. As soon as your order is sent, you will receive a confirmation e-mail with your tracking number.

The delivery by Colissimo of the Articles is ensured on the whole French territory. 
The Customer also has the faculty to make deliver the Articles to another physical person in the Zone of Delivery for example within the framework of a gift.

The delivery of the Articles will intervene, after the payment of the amount of the order will have been recorded, with the address of delivery indicated by the Customer during the process of order. To this end, the latter undertakes to have communicated an exact delivery address to Sonia Rykiel Création Paris. 

The delivery of the ordered items will take place :
  • Either, on the date or within the period indicated to the Customer by Sonia Rykiel Création Paris and within 7 days of the date of the order;
  • Or, within the timeframe of which the Customer shall be notified in advance in the event of temporary unavailability of said Article accepted by the Customer: at the time of adding an Article to its "Shopping Cart" and before accepting its order.
Sonia Rykiel Création Paris shall deliver the items ordered by standard mail without signature. The cost of delivery by standard mail is borne by Sonia Rykiel Création Paris.

For international deliveries, we do our best to deliver as soon as possible. The delivery dates will be indicated to you when you confirm your order.

Delivery with written signature is proposed to you by our partner DHL when confirming your order: the carrier will deliver your package at the indicated address and will demand you to sign the delivery form. If, however, you were absent during the passage of the deliveryman, an e-mail will be sent to you in order to postpone the delivery. 

DHL may notify the Receiver of an upcoming or missed delivery. The Receiver may be offered an alternative delivery option such as delivery on a different date, delivery date, delivery without a signature, redirection of the Shipment or delivery to a DHL Pick-Up station.

ARTICLE 8 - PROTECTION OF PRIVACY

Sonia Rykiel Création Paris undertakes to respect the privacy of its Customers. The Customer undertakes to ensure that all information communicated to Sonia Rykiel Création Paris to the Customer Relations Department or on the Site in the context of the order complies with these general terms and conditions of sale and is complete, accurate and up-to-date.

Failing this, Sonia Rykiel Création Paris reserves: (i) the right to cancel the order and the payment outright or (ii) to make them subject to the Customer providing proof of the information and addresses communicated, to ensure their existence and accuracy.

The personal data marked as mandatory (*) are necessary for Sonia Rykiel Création Paris to process and deliver orders and to issue invoices. This information is intended for Sonia Rykiel Création Paris and its service providers involved in the execution of the order. Customers are reminded that they have the right to access, modify, rectify and delete personal data concerning them.

To exercise these rights, the Customer may send a message with proof of identity to customerservice@soniarykiel.com or to Sonia Rykiel Création Paris - Service Relation Clientèle - 41 Rue François 1er - 75008 Paris.

More specifically, the Customer is hereby informed that his or her personal data may be transmitted to/or collected directly by Banking institutions acting as intermediaries for the payment of orders, Payment service providers (e.g. Paypal), acting as payment service providers, Partners specialized in securing transactions against e-commerce fraud. Please note that these partners apply their own privacy policy.

ARTICLE 9 - RESERVATION OF OWNERSHIP

Sonia Rykiel Création Paris reserves ownership of the Articles until full payment is received by Sonia Rykiel Création Paris. On the other hand, the Customer assumes the risks (in particular those related to loss, theft or deterioration) concerning the Articles delivered as from the moment they are delivered to the address indicated at the time of the order.

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS

The Customer may not reproduce, represent or adapt, directly or indirectly, the Site, in whole or in part, in any form whatsoever. Any intellectual property right relating to any product or element of Sonia Rykiel Création Paris (including Sonia Rykiel Création Paris Products), such as trademarks, illustrations, photos, images, models and logos, whether registered or not, is and shall remain the exclusive property of Sonia Rykiel Création Paris.

Any total or partial reproduction, downloading, modification or use of the trademarks, illustrations, images, photos, logotypes and models of Sonia Rykiel Création Paris, for any reason and on any medium whatsoever, without the express prior written consent of Sonia Rykiel Création Paris, is strictly prohibited.

Likewise, the following are strictly prohibited without the express prior written consent of Sonia Rykiel Création Paris: 
- The creation of hypertext links to any of the pages or any of the elements making up the Site;
- Any use that does not comply with the present license to use the Site and, in particular, use of any of the elements comprising the Site (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use.


ARTICLE 11 - RIGHT OF WITHDRAWAL AND RETURN OF ITEMS

In accordance with the provisions of Articles L. 221-18 and following of the French Consumer Code, the Customer has a right of withdrawal that he can exercise: By sending a message to customerservice@soniarykiel.com

Sonia Rykiel Création Paris will acknowledge receipt by e-mail of the Customer's withdrawal thus made, without having to give reasons, within 30 days of receipt of the Articles.

The Customer acknowledges that he has been informed and accepts that he does not have such a right of withdrawal, in accordance with article L. 221-28 3e of the French Consumer Code, for personalised products, made to his specifications and/or at his request, or retouched products, as well as for sealed articles (swimwear, etc.) which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

It will then be up to the Customer to return the Articles delivered :
- either, by following the various steps of the procedure proposed by Sonia Rykiel Création Paris, described on the Site and under which all costs of returning the Items are borne by Sonia Rykiel Création Paris within the limit of one return shipment of the Items per order;
- or, by the means of its choice and at its own expense and risk to the address indicated on the Site. The Customer is hereby advised to keep all proof of such return, which implies that the Items are returned by the Customer by registered mail, or by any other means giving a certain date.

In any event, the return of the delivered Articles will have to be carried out by the Customer: within 30 days as from the exercise of its rights, in their complete original packaging and accompanied by the duly completed return form.

Items not returned or returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned. As regards shoes, the soles must also be intact: in this respect, it is strongly recommended that you try on Sonia Rykiel Création Paris shoes on a carpet or rug-type surface.

The refund of the invoiced price of the returned Articles shall be made by the means of payment used to pay for the order, at the latest within 14 days following receipt by Sonia Rykiel Création Paris of said Articles. Pursuant to Article L.221-24 of the French Consumer Code, the additional costs paid by the Customer and related to the choice of a specific delivery method shall not be reimbursed.

Moreover, in the case of a gift, the right of withdrawal remains exclusively for the benefit of the Customer and cannot in any case be exercised by the recipient of the gift.

ARTICLE 12 - EXCHANGE

Exchanges cannot be made on our site. We invite our customers to return the products that do not meet their expectations and proceed to a new order thereafter.

Personalized items cannot be returned for reasons of hygiene or health protection.

ARTICLE 13 - CONFORMITY - GUARANTEE

13.1 LEGAL GUARANTEES

Items sold by Sonia Rykiel Création Paris are subject to the legal guarantees provided for in Articles L.217-4 to L.217-14 of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code, to the exclusion of any other guarantee.

13.1.1 LEGAL GUARANTEE OF CONFORMITY

Sonia Rykiel Création Paris shall deliver to the Customer an Article that conforms to the contract and is free of defects in conformity when the said Article is delivered, in the sense that the Article shall be fit for the use usually expected of a similar good and that it shall have the characteristics presented at the time of sale.

Sonia Rykiel Création Paris shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility.

This guarantee shall only apply if the customer requests it within two (2) years of the delivery of the goods. Defects of conformity that appear within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless proven otherwise.

In the event of non-conformity, it shall be up to the Customer to prove that he meets the conditions of the warranty. The Customer shall have the choice of returning the Article and having the price returned or keeping the Article and having part of the price returned.

13.1.2 LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

Sonia Rykiel Création Paris shall deliver to the Customer an Article free of latent defects which would render it unfit for the use for which it is intended, or which would so diminish such use that the Customer would not have acquired it, or would have given only a lower price for it, had he known of them. This warranty only applies if the Customer requests it within two (2) years of the discovery of the defect. The duration of this warranty is limited to five (5) years after purchase. In the event of a latent defect, it shall be up to the Customer to prove that it meets the conditions of the warranty. The Customer will have the choice of returning the Article and having the price returned or keeping the Article and having part of the price returned.

ARTICLE 14 - AFTER-SALES SERVICE

All technically repairable Articles are provided with an after-sales service.

The conditions of use of the after-sales service are available in the tab "Need Help? - FAQ" TAB.

ARTICLE 15 - INFORMATION RELATING TO THE ARTICLES - LIMITATION OF RESPONSIBILITY - FORCE MAJEURE

Information relating to all the Items offered for online sales is available on the Site. The photographs, graphics and descriptions of the Items offered for sale are indicative only and are not binding on Sonia Rykiel Création Paris.

While every effort is made to ensure that the color and design of the items whose photos are displayed on the Site are faithful to the original items, variations may occur, in particular due to the technical limitations of color rendering on your computer equipment.

Consequently, Sonia Rykiel Création Paris cannot be held responsible for any non-substantial errors or inaccuracies in the photographs or graphic representations of the Items displayed on the Site. Under no circumstances shall Sonia Rykiel Création Paris be held liable for any damage not resulting from a breach by Sonia Rykiel Création Paris of one of its obligations or in the event of the occurrence of an act of God or force majeure within the meaning of Article 1218 of the French Civil Code that would prevent or delay its execution.

Sonia Rykiel Création Paris shall inform the Customer of any such fortuitous event or force majeure as soon as possible. In the event that such suspension of performance of Sonia Rykiel Création Paris' obligations continues beyond a period of fifteen (15) days, the Customer shall then have the option of cancelling the order in progress and shall be reimbursed by the Company as soon as possible.

ARTICLE 16 - VALIDITY OF THE GENERAL SALES CONDITIONS

If any of the stipulations of these general terms and conditions of sale are declared null and void in whole or in part, the other stipulations and the other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and shall remain applicable.

ARTICLE 17 - DISPUTES - APPLICABLE LAW

These terms shall be governed by the laws of France, or other applicable laws in case such laws prevail French laws.

The Client agrees that any dispute between him/her and Sonia Rykiel or Global-e regarding these terms or any order will only be dealt with by the French courts, except that if the Client live in a destination (which, for these purposes, includes Scotland or northern Ireland) of the European Union other than France, the Client can choose to bring legal proceedings either in the destination, or in France, but if Global-e or Sonia Rykiel bring legal proceedings, they may only do so in the destination.

The European Commission offers a platform for online dispute resolution (ODR) which provides information about alternative dispute resolution which may be of interest. Please refer to http://ec.europa.eu/consumers/odr/.