PREAMBLEThis site is operated by the Smallable SAS company, having its registered office at 5, Rue Jules Vallès - 75011 PARIS (France) and registered with the register of commerce and companies of Paris under number 503 044 323.
The present general conditions of sale apply to all the orders placed with the Smallable company for the whole of the articles and services proposed by the www.smallable.com site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Smallable implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
Smallable reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Smallable are those accepted by the Customer at the time of placing the order.
ARTICLE 1 : INTEGRALITYThe present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Smallable is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
ARTICLE 2 : OBJECTThe present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the Smallable company to the Customer, from the order to the delivery, including payment and the use of services made available by Smallable.
ARTICLE 3 : FIELD OF APPLICATIONThe present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by Smallable, whether the order is placed by Internet or telephone.
ARTICLE 4 : ORDER
CAPACITY TO ENTER INTO CONTRACTEvery Customer of the Smallable company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
Smallable reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMERThe present Conditions can be read directly on the www.smallable.com site. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
PLACING OF AN ORDERThe individual Customer can place his order at Smallable by Internet 24 hours a day, 7 days a week, or by telephone from Monday to Friday from 10am to 1pm and from 2pm to 6pm.
The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:
- clearly identify the products selected with the options of colors, sizes,… indicated on the www.smallable.com site;
- indicate the quantities requested;
- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;
- indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
- indicate the selected mode of delivery;
- finally, indicate the selected mode of payment.
Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with Smallable in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.smallable.com site.
CONFIRMATION OF ORDERAn email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Smallable. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDERThe Customer can at any moment check the status of his order by consulting the heading "My account" on the www.smallable.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. Smallable thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. Smallable endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of Smallable in order to be informed of the stage of his order.
PROOF OF THE ORDERThe computerized registrations, preserved in the information processing systems of Smallable company under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5 : INFORMATION ON THE PRODUCTS
CHARACTERISTICS OF THE PRODUCTSThe information, characteristics, photographs and graphics presented on the sites or in the emails sent by v are given only on a purely indicative basis and for the major part are given by the suppliers. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Smallable. Smallable will make its best efforts to ensure that the photographic representation of the products on the www.smallable.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
Smallable will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. Smallable cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
AVAILABILITY OF THE PRODUCTSSmallable is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, Smallable is committed to informing the Customer as quickly as possible. Smallable reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. Smallable carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mention of delivery times, such as "in stock" or "immediate", "4 to 8 days", "1 to 2 week", "4 to 6 weeks", "Product not available" etc.
Delivery times indicated in the product page details are estimated times when the product(s) are not available in Smallable stocks. They may thus be susceptible to variations for which the Customer will be informed by Smallable in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
If Smallable cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
Smallable cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
ARTICLE 6 : PRICESPrices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site also appear in dollars and pounds sterling, but the price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.
Since the prices charged by Smallable's suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.smallable.com site.
Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes. If you are asked to pay customs duties, please note that Smallable will refund you for them. In order to be refunded, please send us your receipt and we will refund you in less than 24 hours.
The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information?
ARTICLE 7 : PAYMENT
MEANS OF PAYMENTThe Customer can pay his order online by bank card: Carte Bleue, Visa and Eurocard / MasterCard. The Customer guarantees the Smallable company that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
Smallable uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via the French bank, Crédit Agricole which alone receives the banking information provided on the site at the time of the payment.
Smallable company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Smallable company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to Smallable company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
INVOICEThe purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by Smallable does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.
Smallable preserves an electronic example of each invoice.
In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.
TRANSFER OF PROPERTYSmallable remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ARTICLE 8 : DELIVERY
DELIVERY ZONESThe geographical area of delivery for items from the Smallable boutique is as follows:
- Metropolitan France, Corsica, Monaco
- Rest of the world: The Customer can contact the Smallable customer services to have more information on delivery conditions to a specific country in the world.
DELIVERY SERVICESProducts are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to Smallable. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
Smallable cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
DISPATCHING TIMESOrders placed online via the www.smallable.com site are dealt with each day from Monday to Friday, except public holiday. Smallable does its utmost to treat and dispatch any order received before 11am the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
Smallable informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, Smallable will dispatch the order as of reception of the whole of the products which comprise the order. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
TRANSPORT TIMESTransport times depend on the transporter chosen by the Customer and the place of delivery.
Smallable informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
Smallable informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
DELIVERY TIMESDelivery times may be considered to be the following:
- If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph).
- If the products are not immediately available, then delivery time equals dispatching time plus transport time plus times of delivery by Smallable's suppliers.
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Smallable. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
DELIVERY METHODS IN METROPOLITAN FRANCE
- Standard delivery by Colissimo (usual delivery time of 48h):
This method of delivery makes it possible for the Customer to receive his parcel within 48 hours as from dispatch thanks to La Poste and the expert or Profil Colissimo service (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to Saturday morning, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.
The parcel is dealt with by La Poste and is delivered upon being signed for at the delivery address indicated by the Customer. In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to Smallable which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
- Express delivery by Chronopost (usual delivery time of 24h)
This method of delivery makes it possible for the Customer to receive his parcel within 24 hours as from time of dispatch thanks to Chronopost (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to Friday, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.
The parcel is dealt with by Chronopost and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address of delivery indicated by the Customer, allowing him to collect his parcel from the address indicated according to the modalities indicated by the transporter. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to Smallable which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
- Delivery by UPS (usual delivery time of 24h-48h)
This method of delivery makes it possible for the Customer to receive his parcel in 24-48 hours as from the time of dispatch thanks to UPS (excluding processing and preparation time of the order which can take from 1 to 2 days). The deliveries are carried out from Monday to Friday, except public holidays. This method of delivery is especially used to dispatch fragile, bulky or heavy products. The charges involved for this option depend on the total weight and volume of the ordered articles.
The parcel is dealt with by UPS and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address with the date of his next visit. The Customer can call UPS customer service to fix a new delivery date which is more appropriate for him. After 3 unsuccessful visits to the delivery address, the parcel is deposited at the nearest UPS agency.
The delivery times mentioned here are those which are usually experienced. No refunding of the delivery charges will be given in the event of delivery taking longer than those times indicated.
METHODS OF DELIVERY OUTSIDE METROPOLITAN FRANCEIn Europe and abroad, delivery is carried out via various transporters: Colissimo, Chronopost, UPS, etc. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
PACKAGINGThe products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
GIFT WRAPPINGSmallable offers its customers a gift-wrapping service for non-bulky objects, such as clothing and accessories, small toys and small objects of decoration. Bulky or cumbersome objects cannot benefit from a proper gift wrapping.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTIONSmallable reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Smallable company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Smallable.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTERIn the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact Smallable Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by Smallable. Under these conditions, Smallable accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Smallable's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, Smallable will refund the amount paid for the products concerned lost by the transporter.
DAMAGED PARCELSThe Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Smallable by email so that Smallable can take the necessary measures as quickly as possible.
ARTICLE 9 : RECOMMEND-A-FRIEND REFERRAL PROGRAMSmallable makes it possible for its Customers to recommend one or more people of their entourage. The Referral program consists in encouraging members of the site who wish to recommend the site to other people who are not yet members as Recommenders, so that they in turn can discover the Smallable universe. The people recommended become Recommendees, and in turn can also become Recommenders. It should be noted that a Recommendee can only be connected with one Recommender.
To establish a referral relationship, the Recommendee must imperatively register the email of his Recommender during his registration in order to take advantage of a sales voucher of 5.00€ on his first order. Otherwise, he will lose the advantages related to the referral. A referral relationship is validated when a Recommendee registers as a member of the site (he cannot already be a member) and when his first order is invoiced within 12 months following the sending of the first email inviting him to register on the site. If the first order takes place more than 12 months after the sending of the first invitation email of the Recommender, no benefit will be gained by the latter.
The Recommender is informed by email each time a validated Referral relation is credited, which gives him the right to a sales voucher of 5.00€ and which is valid without any minimum purchase for 12 months as from the date of emission, on the site www.smallable.com.
Referral by a Member is limited to a restricted circle (close friends and relatives) who know the Member personally. Consequently, massive recruitment of referrals outside this framework, directly or indirectly for lucrative ends, or even on a purely voluntary basis, by whatever means such as in particular via an Internet site, blog, advertising on Internet, magazines, discussion forums; using the name of partner brands of the Internet site, or by reproducing part of the catalogue of the Internet site, is strictly prohibited. If such serious irregularities by a Member are brought to the attention of Smallable, it may take all necessary measures in order to put an end to these irregularities, including the exclusion of the Member.
Smallable reserves the right to make any modification to the referral program, without notice nor obligation to justify its decision and without its responsibility being engaged by this fact.
ARTICLE 10 : RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
10.1 Legal withdrawal period
In accordance with the provisions of Articles L.221-16 and following of the Consumer Code, Customers have a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Items to exercise their legal right of withdrawal and notify Smallable of their intention to return the said Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items. Form available in GTC Article 10.4.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Client who would request a credit, valid for six (6) months from its issue. The refund will be made as soon as possible and, at the latest, within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by Smallable until Smallable receives the goods returned by the Customer to the address indicated on the return receipt, or until Smallable receives proof of shipment of the Items by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday, holiday or non-working day, it is extended until the next business day.
In accordance with Article L.221-23 of the Consumer Code, the right is exercised by the return of the Article, only shipping costs remain the responsibility of the Customer.
Customers can benefit from a return certificate in accordance with Article 15 hereof, and (2) in case of non-compliance of the delivered Items with the Order (in this case, the return costs will be borne by Smallable).
The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.
10.2 Items excluded from the statutory withdrawal period
In accordance with Article L.221-28 of the Consumer Code, for the Ordering of Items which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer has no right of withdrawal to return the Order. This includes goods whose original packaging has been unsealed, including any Cosmetic Items that have been opened or damaged by the Customer after Delivery, as these cannot be returned for reasons of hygiene and health.
10.3 Agreed withdrawal period
In order to ensure the satisfaction of its Customers, Smallable accepts the return by post to the address indicated by the Customer Service or the delivery note of the relevant Article, for a period longer than the legal withdrawal period referred to above. As such, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.
10.4 Procedures for exercising the right of withdrawal
The Customer only needs to choose one of the following methods:
The return request can be made: - By connecting to the Smallable site, in the “Manage my Orders” section of My Account: just check the product and the quantities you wish to return, fill in the reason for the return and confirm by clicking on “Validate your return request”.
- By contacting the customer service, via the contact form, e-mail or phone, which will indicate to the Customer the procedures to follow. In particular, the Customer may use the withdrawal form below.
Model of withdrawal form (please complete and return the form and your order number only if you wish to withdraw from the contract.
We also advise you to specify your purchase order number) To Smallable - Customer Service - 42, rue du Faubourg Saint Antoine, 75012 Paris France Email: email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the Item below:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Purchase Order number: […………………………………..……………………]
Name of the consumer(s): [………………………………………………………………]
Name of the consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Signature of the consumer(s) (only in case of notification of this paper form) Date: [……………………………………]
Smallable suggests to Customers to return their products by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.
Return address of the Parcel:
SMALLABLE at Viapost / 45, rue de Santoyon / 38070 SAINT QUENTIN SALLAVIER
If the Customer fails to meet the deadlines, Smallable will not refund the Customer.
Only Items returned in their original packaging in perfect condition for resale (shoe box, laminated pouches...) will be accepted. As a result, returned clothes washed and/or worn, as well as damaged boxes will be refused.
Retraction can never be exercised if the items delivered are items that have been, even partially, washed, soiled, damaged or used. Similarly, the Items returned incomplete, damaged or soiled by the Customer will not be returned nor exchanged.
The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by Smallable. The Customer is therefore strongly encouraged to use this return voucher.
The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items.
Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer.
ARTICLE 11 : GUARANTEES, MEDIATION, CLAIMSGUARANTEES
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof cannot deprive Customers of the legal guarantee which obliges the professional salesman to guarantee them against all the consequences of latent defects of the sold article. Customers are expressly informed that the company Smallable is not the manufacturer of the products presented on the website fr.smallable.com , within the meaning of the Law n°98-389 of 19 May 1998 relating to the responsibility of the defective products. Consequently, in case of damage caused to a person or a good by a defective product, only the responsibility of the manufacturer can be sought by the Customer, on the basis of the information indicated on the packaging of the said product. In addition, the Company reminds that the products, services and information offered by Smallable do not replace, in any way, constant monitoring by adults. Smallable cannot be held liable for non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to verify with the local authorities the possibilities of importing or using the products or services that you intend to order.
All claims should be sent beforehand by mail under the heading “Customer Service” of the Site or by phone call to the Customer Service.
Contact address: firstname.lastname@example.org
Phone: 01 85 08 90 89
If applicable, the refund will be made within 14 days of receipt of the Article by Smallable, depending on the payment method chosen during the Order, either on the credit card used for payment, or on the Customer’s PayPal account, or by bank transfer. These provisions are not exclusive of the aforementioned right of withdrawal.
It is specified that Smallable adheres to the Code of Ethics of the FEVAD (“Fédération du E-Commerce et de la Vente A Distance”, Federation of E-Commerce and Distance Selling) and to the e-Commerce Mediation system of this federation.
The Customer can therefore contact the FEVAD (“Fédération du E-Commerce et de la Vente A Distance”, Federation of E-Commerce and Distance Selling) mediation service by clicking on this link: http://www.fevad.com/espace-consommateurs/les-reclamations-et-les-recours#topContent
In addition, in accordance with Article L.616-2 of the Consumer Code, Smallable informs the Customer of the existence of the platform published online by the European Commission which aims to collect claims from any purchase of European consumers online and then forward the cases to the competent national ombudsmen. Please use the following link: http://ec.europa.eu/consumers/odr/
ARTICLE 12 : RESPONSIBILITYThe products on offer confirm to French legislation in force and applicable to norms in France.
Smallable cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. Smallable cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the www.smallable.com site. Smallable refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ARTICLE 13 : FORCE MAJEURENeither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:
- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or network works not under control of the Customer.
ARTICLE 14 : PERSONAL DATAVisitors or Customers of the www.smallable.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French "data-processing & freedoms" law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, Smallable invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
Smallable is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
Smallable may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, Smallable can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the Smallable site at any time.
Smallable uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. Smallable informs its Customers that the processing of these personal data was the object of a declaration to the French CNIL under number 1309937 of July 31, 2008.
ARTICLE 15 : INTELLECTUAL PROPERTYThe entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Smallable. Any total or partial reproduction of the Smallable company catalogue is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the www.smallable.com site must request authorization from Smallable. An authorization given by Smallable will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Smallable, this link will have to be removed.
ARTICLE 16 : ENTIRETY OF CONDITIONSA change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between Smallable company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.smallable.com site.
ARTICLE 17 : DURATION AND APPLICATIONThe present Conditions apply throughout the time of all online services offered by Smallable company. They can be modified at any time by Smallable. The Conditions applicable are those in force on the date of the registration of the order.
ARTICLE 18 : TERRITORIALITY AND APPLICATION LAWThe sale of products of Smallable company are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Smallable and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Paris.