Article 1: Definition and Object
The General Terms and Conditions hereby apply to all sales taking place between SO-FAMILY (hereunder referred to as the "Seller") and the buyer (hereunder referred to as the "Client" or "Clients") willing to buy the product(s) (hereunder referred to as the "Product" or "Products") sold by the Seller at the following website address: www.fingersymbols.com (hereunder referred to as the "Website"). They cover the terms of ordering, of payment, of delivery and of management of possible returns of products ordered by the Clients. The products offered for sale on the website are jewellery products and/or fashion items.
The main characteristics of Products, notably their specifications, illustrations and indication of sizes and capacities, are presented on the Website. It falls under the responsibility of the Client to become aware of these before passing an order.
Clients are requested to refer to the description of each Product to become knowledgeable on their basic characteristics and specifications.
Photos and graphics presented on the Website are not contractual and the Seller cannot be held responsible for them. Products are sold within the limits of availability, as specified upon the placing the order.
Furthermore, any information made available on the Website www.fingersymbols.com are not to be considered exhaustive. They are subject to the changes made since their publishing on-line.
The Seller cannot be held responsible for any omission, inaccuracy or shortcoming in their updating, be it from his own personal act or the act of third parties supplying the Seller with said information.
The contact address of the Seller is the following:
SARL SO-FAMILY – 205 rue Saint-Honoré, 75001 Paris
Share Capital: 1000 euros – SIRET 803 180 660
Intra-community VAT Number: FR09 803 180 660
Telephone: + 01 42 60 16 60
The Terms and Conditions hereby apply exclusive of any other terms and conditions.
The Terms and Conditions hereby are accessible on the Website at all times and they shall prevail, as the case may be, on any other conflicting version document.
The Client declares having acknowledged the General Terms and Conditions hereby and accepts them by checking the box provided for the purpose before proceeding to any on-line order.
The General Terms and Conditions hereby may be altered at any time. The version that is applicable shall be the version available on the Website at the date of order by the Client.
Unless otherwise demonstrated, the data recorded on the information system of the Seller establishes the evidence of transactions made with the Client.
In compliance with the French Data Protection Act dated January 6th, 1978, the Client has the right of access, of modification and of opposition to any of his personal data at any time by written request with proof of identity at SO-FAMILY – 205 rue Saint-Honoré, 75001 Paris.
Products presented on the Website are available for sale in the following regions:
Metropolitan France and DOM-TOM's.
Asia - Pacific - Oceania
Africa - Middle East
In all cases of an order outside of Metropolitan France, the Client shall be the importer of the related Product(s).
For all products dispatched outside of the European Union and DOM-TOM's, the price on the invoice shall be without taxes, automatically.
Custom duties, local taxes and/or import or state taxes may be required. Said duties and taxes shall be borne by the Client and fall under his sole responsibility.
Article 2: Registration on the Website: www.fingersymbols.com
For the purpose of ordering, the Client must register as a user by validating the registration form to this effect and available on the Website. The Client shall be held solely responsible for the information supplied in said registration form necessary to place an order and to organise for the delivery and invoicing of the products that have been ordered. The Seller shall not be held responsible for any claim against one or several inaccurate or incomplete data. Information gathered on the forms are the object of an automated file subject to the provisions of the French Data Protection Act dated January 6th, 1978, which has been declared to the CNIL on September 28th, 2011 under the number 1534617v0. The Client has a right of access, of modification, of correction or of cancellation of the data related to him (Art. 4 of the French Data Protection Act dated January 6th, 1978) by writing to the Seller at the address indicated here above.
Article 3: Presentation and description of the products available on the Website
Any product available on the Website is the object of a technical description produced by the Seller on the basis of documents and information remitted to him by the manufacturer. Pictures and graphics are presented only as an indication and the Seller shall not be held responsible for any mistake, inaccuracy or omission from the manufacturer as long as they do not pertain to the essential characteristics of the Product that is being sold.
Article 4: Award of Contract – Withdrawal
4.1 Award of Contract
The Client validates and registers his order by a "click" on the "Payment" tag provided for the purpose. This constitutes an irrevocable acceptance of the sale offer and of the Terms and Conditions of Sale hereby, as well as the irrevocable acknowledgement by the Client that he is informed that his order implies a payment.
The sale will not, however, be deemed finalised between the Seller and the Client unless the Seller validates the order (notably by controlling the address for the delivery or the availability of the product(s)), and will only be completed after final payment by the Client, which shall constitute the essential and imperative condition under which the Seller shall be obliged to deliver the product(s) that have been ordered. As a retention of title, the Seller shall remain owner of the good(s) until total payment is made of the price of the product(s).
The clause hereby shall apply without further formality in the case of a collective proceeding by the Client, allowing the Seller to claim ownership of said product(s). The Client acknowledges and expressly accepts the above.
At the time of validation of the order by the Seller, the Client will receive a confirmation e-mail to the address indicated at the time of registration. Said e-mail shall confirm the contract, indicating the description of the Product(s) sold, the amount of the order and the conditions of delivery (cost and deadline).
4.2 Right of withdrawal
Compliant with statutory provisions (Article L.121-21 of the French Consumption Code), the Client shall have a period of seven (7) days starting on the date of reception of the Product(s) to exercise his right of withdrawal vis-à-vis the Seller, without having to justify his motive or having to pay any penalty, for the purpose of exchange or of refund, under the condition that the Product(s) are returned in their original packaging and in perfect condition within the seven (7) days following the notification to the Seller of his decision to withdraw. Product(s) are to be returned in their state of origin and complete (packaging, accessories, notice, etc.), allowing for their commercialisation in their mint condition, the purchasing invoice being attached.
No return shall be accepted if the Product(s) have obviously been used or appear to have been damaged, tarnished or incomplete and if said usage or damages make the Product(s) unfit for sale.
The right of withdrawal may be exercised by e-mail, in which case a confirmation of receipt on a durable medium shall immediately be sent to the Client by the Seller, or by any other type of declaration, without ambiguity, expressing the will to withdraw.
Should the right of withdrawal take place within the above deadline, only the price of the Product(s) that have been purchased and the delivery costs shall be reimbursed; the costs of returning the Product(s) shall be borne by the Client.
The exchange (subject to availability) or the refund shall be made within seven (7) days of reception of the Product(s) by the Seller, in compliance with the provisions of the Clause hereby.
Article 5: Price
5.1. Selling Price
The selling price of a Product is the price indicated on the Website (www.fingersymbols.com) at the time of validation of the order by the Client, in compliance with the provisions of Article 4 above. Said price is a net price, all charges included, inclusive of VAT, and of delivery costs outside of a promotion period. No discount will be applied in case of anticipated payment. With the exception of promotional periods or commercial offers as advertised on the Website (www.fingersymbols.com), no discount or rebate shall be granted. The price is payable upfront, in its totality, on the day of placing the order, by means of secured payment.
5.2 On-line Payment
Payment of the Price is made on line by means of the secured bank servers of banks that are partners of the Seller. Hence no banking information related to the Client passes through the Seller's Website (www.fingersymbols.com) or through any other system under the control of the Seller. Payment by credit card is secured by the manager of the bank server himself. The Seller shall under no circumstance be held responsible, directly or indirectly, for any issue arising from any malfunctioning of this service. The information pertaining to the credit card of the Client are encrypted with the SSL (Secure Socket Layer) protocol and never pass through the network in clear text. Payment is directly carried out with the partner bank.
Article 6: Unavailable Products
For each Product, the offer remains valid up and until the Product remains visible on the Website (www.fingersymbols.com) and within the limits of available stocks. Should the product that has been ordered not be available, the Seller shall inform the Client and commits itself to the delivery of the product that has been ordered or to suggest an equivalent product at the same price or to reimburses the Client by bank check if the Client makes the explicit written request in this sense (mail or letter), within thirty (30) days of validation of the order as per the provisions of Article 4. Said request shall mention the reference of the order and the name, surname and complete address of the Client or shall otherwise be considered null and void.
Article 7: Dispatch and Delivery
7.1 General Overview:
The Seller shall only be committed to the delivery of the products that have been ordered after complete payment of the price of the order. Deliveries carried out by the Seller are limited to Metropolitan France, with the exception of Corsica, of islands not linked to the continent and of isolated villages in the mountain. For any delivery to one of such areas, please contact us via e-mail at the following address: firstname.lastname@example.org
Deliveries made within the European Union and other geographical areas can be carried out, subject to the prior approval of our haulage contractor and of the approval of the cost of transport by the Client.
After validating his on-line order on the Website (www.fingersymbols.com), the Seller verifies that the delivery address given by the Client at the time of validation is part of the above described territories; failing which the order shall not be validated and the bank transaction for payment shall be cancelled. The Client shall immediately be informed of same by e-mail sent to the Internet address indicated by the Client at the time of his registration. Deliver shall only take place after full payment of the price and under the terms described here above.
7.2 Shipping Time and Delivery Time
Shipping and delivery times mentioned on the Website (www.fingersymbols.com) are only given as an indication. They are calculated on the basis of working days and, as far as delivery times are concerned, start on the day of departure of the warehouse of the haulage contractor to end on the actual delivery at the address indicated by the Client and validated by the Seller. If the Product(s) is (are) available within the warehouse of the haulage contractor, the lead time for management, dispatch and delivery is estimated at 72 hours. The date of delivery is the date upon which the Product(s) are made available to the Client at the address indicated by him on the registration form as validated by the Seller.
7.3. Means of delivery and expedition costs
Parcels shall be shipped solely by a haulage contractor with the delivery being confirmed by signature of the Client. Except in the case of a force majeure or of any event of any nature for which the Seller cannot be held responsible, the average time span of a delivery to the address of delivery is 72 hours of working days. Should the Client be absent at the time of delivery, a non-delivery notice will be remitted to Client in his letterbox, asking him to liaise with the hauling contractor to organise for a new date of delivery. Delivery is free of charge for any delivery made in Metropolitan France (see paragraph 7.1).
7.4. Dead Letter Mail and Unclaimed Returns
In case of return of the Product(s) for reason of dead letter mail or unclaimed product(s), the Seller shall inform the Client by e-mail to inform him of same and organise for a new dispatch at a new address, should the case occur. Failing a response from the Client within eight (8) days of the dispatch of said e-mail, the Seller shall remain to cancel or not to cancel the sale and to carry out or not to carry out the reimbursement of the Product(s) by bank check. The Client shall immediately be informed of same by e-mail.
7.5. Delay in Delivery
Compliant with legal provisions and in the case of a delay in delivery, the Client shall have the possibility to cancel the order in compliance with the provisions and procedures defined by Article L138-2 of the French Consumption Code. Should the Client receive the Product(s) in the meantime, we shall reimburse the Product(s) and the delivery costs to the Client in compliance with Article L138-3 of the French Consumption Code.
Article 8: Reception of the Product(s) and Return of same
The Client shall check the good state of the parcel and of the Product(s) upon delivery, as well as their compliance with the order and, should the case occur, he shall indicate his complete and detailed reserves in writing.
Should the Product(s) or the parcel be damaged, torn or open, the Client shall be able to refuse its delivery and to notify the haulage contractor accordingly in writing. The Client endeavours to verify the state of the delivered Product(s) and shall have a period of three (3) days starting from the date of delivery to inform the Seller in writing (postal mail or e-mail) of any reserve or claim for non-compliance or obvious defect of the delivered Product(s) (such as a damaged parcel, for instance). After this deadline, and failing to follow said procedures, the Product(s) shall be deemed compliant and free of any apparent defect and no further claim shall be accepted by the Seller.
Warning: any reception made with the mention "SUBJECT TO UNPACKING" shall be deemed as a reception without reserve. Following the return of the Product(s) by Client, and should the return be justified, the Seller shall either send a new parcel compliant with the initial order or, following the request by Client, proceed with the reimbursement of the order by bank check. In all cases, and should the refusal of delivery be unjustified (delivery compliant with the order, Product(s) in perfect condition, package returned incomplete, etc.), the returned parcel shall be refused by the Seller and sent back to the Client at his own costs. Delivery costs shall then be borne by Client.
Article 9: Force majeure
The Seller shall not be held responsible, under any circumstance, for the non-compliance to the contract and/or to one of the obligations deriving from the provisions hereby are the result of a force majeure. Should the case occur, the execution of the contract shall be withheld for a duration equal to that of the force majeure. Should the force majeure occur for a duration of more than two (2) months, each of the parties shall be entitled to terminate whole or part of the Contract without being obliged to any compensation vis-à-vis the other party and shall inform the other party of same by letter with acknowledgement of receipt.
Article 10. Data Protection and Freedom of Information:
SARL SO-FAMILY reserves the right to collect nominative information and personal data related to the Client. These are necessary to properly manage the order and to improve the services and information we provide you with. They can also be transmitted to companies that contribute to such relations, such as those in charge of the execution of services and orders as related to their management, execution, treatment and payment. Said information and data is also kept as a security measure, with the purpose of being in compliance with statutory laws and regulations.
In compliance with the law of January 6th, 1978, Client has a right of access, of modification and of opposition to the nominative information and personal data related to him, directly on the Website.
Article 11. Applicable Law and Competence
The original language of the contract hereby is French. In the event of a dispute, French courts shall have exclusive jurisdiction. The laws of France apply to the General Terms and Conditions hereby, to the exclusion of any other law. In the absence of a written and signed contract between the parties, our General Terms and Conditions and our invoices represent the entire agreement between SARL SO-FAMILY and the Client.