Legal Framework

    Terms & Conditions of Sale

    These Terms & Conditions of Sale govern all sales made on the smalto.com website. Placing an order on the site implies unreserved acceptance of these Terms by the customer.

    Article 1 — Purpose and Seller Identification

    These Terms apply to any distance sale of products between Maison Smalto SAS, a company registered with the Paris Trade and Companies Register under number [SIRET to be completed], with its registered office at 44 rue François 1er, 75008 Paris, France (hereinafter "Maison Smalto"), and any consumer or business customer making a purchase on smalto.com.

    For any question regarding an order, Maison Smalto's customer service can be reached at contact@smalto.com or +33 (0)1 84 74 34 31, Lundi au samedi : 11h – 19h.

    Article 2 — Products

    Products offered for sale are those described on the site on the day of consultation, subject to availability. Photographs illustrating products are not contractually binding; in the event of a discrepancy between a photograph and the product description, the description prevails.

    Maison Smalto is committed to offering products crafted to the standards of French men's haute couture. Should a product become unavailable after an order is placed, the customer is notified promptly and fully refunded for any amount paid.

    Article 3 — Price

    Prices are shown in euros, inclusive of all taxes, excluding delivery costs, which are specified before final order confirmation. Maison Smalto reserves the right to change its prices at any time; products are invoiced based on the rates in effect at the time the order is confirmed.

    For deliveries outside the European Union, customs duties or local taxes may be payable by the customer, independently of the price paid to Maison Smalto.

    Article 4 — Ordering

    The ordering process comprises the following steps:

    • Selecting products and adding them to the cart
    • Reviewing the cart's contents and total
    • Signing in or creating a customer account
    • Choosing a delivery method
    • Confirming and paying for the order

    Confirming the order implies full acceptance of these Terms. A confirmation email summarising the order is sent to the address provided. Maison Smalto reserves the right to cancel or refuse any order from a customer with whom a payment dispute exists over a previous order, or in the event of an order showing signs of abnormality (unusual quantities, indications of fraud).

    Article 5 — Payment

    Payment is made online by credit card (Visa, Mastercard, American Express) via a secure payment platform, or by bank transfer for certain orders. The amount is charged when the order is confirmed.

    Maison Smalto never stores the customer's card details, which are handled exclusively by its certified payment provider. Maison Smalto reserves the right to suspend or refuse any order in the event of a payment issue or suspected fraud.

    Article 6 — Delivery

    Orders are prepared within 2 to 5 business days, then shipped to the address provided by the customer when ordering. Estimated delivery times are 2 to 4 business days within mainland France, 3 to 6 business days for Europe, and 5 to 10 business days internationally, barring force majeure. Full delivery costs and timeframes are detailed on the dedicated page of the site.

    Risk transfers to the customer upon delivery of the product. In the event of a significant delivery delay, the customer may, after a formal notice has gone unanswered, cancel the order under the conditions set out by the French Consumer Code.

    Article 7 — Right of Withdrawal

    In accordance with Article L.221-18 of the French Consumer Code, consumer customers have 14 days from receipt of the product to exercise their right of withdrawal, without needing to give reasons or pay any penalty, by notifying Maison Smalto by email at retours@smalto.com.

    Maison Smalto extends this period to 30 days for all customers. Return procedures are detailed in Article 8 below and on the Returns & Exchanges page of the site.

    In accordance with Article L.221-28 of the French Consumer Code, made-to-measure or personalised products crafted to the customer's specifications are excluded from the right of withdrawal.

    Article 8 — Returns and Refunds

    To be accepted, any returned item must be unworn, unwashed, in its original condition with all tags attached, and in its original packaging. The customer should first contact the returns team at retours@smalto.com, stating the order number and reason for return.

    In accordance with Article L.241-4 of the French Consumer Code, Maison Smalto refunds the customer the full amount paid, including the original delivery costs, no later than 14 days from receipt of the returned product or proof of its shipment, whichever is earlier. The refund is made using the same payment method used for the order, unless the customer expressly agrees to a different method.

    Article 9 — Made-to-Measure and Customisation

    Made-to-measure pieces are cut and assembled according to the measurements and choices (fabrics, finishes) provided by the customer at the time of order. Production time, generally several weeks depending on the complexity of the design and fabrics chosen, is confirmed to the customer when the order is placed.

    The customer is solely responsible for the accuracy of the measurements and information provided for making the made-to-measure piece. In accordance with Article L.221-28 of the French Consumer Code, these pieces, made to the customer's personal specifications, are not eligible for the right of withdrawal set out in Article 7.

    Article 10 — Legal Warranties

    All products benefit from the legal warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

    In the event of a lack of conformity, the customer may choose between repair or replacement of the product, subject to the cost conditions provided by law. These warranties may be exercised via customer service at sav@smalto.com.

    Article 11 — Intellectual Property

    All elements of the smalto.com website — text, photographs, illustrations, logos, trademarks and graphic elements — are the exclusive property of Maison Smalto or its partners, and are protected by intellectual property law. Any reproduction, representation or use, in whole or in part, without prior written authorisation, is strictly prohibited.

    Article 12 — Liability and Force Majeure

    Maison Smalto shall not be held liable for any failure or improper performance of its obligations due to the customer, the insurmountable act of a third party, or an event of force majeure within the meaning of Article 1218 of the French Civil Code.

    Should an event of force majeure occur, Maison Smalto will inform the customer as soon as possible, and the parties' obligations will be suspended for the duration of that event.

    Article 13 — Personal Data

    Personal data collected when placing an order is processed in accordance with Maison Smalto's Privacy Policy, available on the site. The customer has the right to access, rectify, erase and port their data, which may be exercised at privacy@smalto.com.

    Article 14 — Disputes, Governing Law and Miscellaneous

    These Terms are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal action.

    In accordance with Article L.612-1 of the French Consumer Code, consumer customers may make free use of a consumer mediator to seek an amicable resolution of the dispute.

    Failing an amicable agreement, the courts within the jurisdiction of Paris shall have sole jurisdiction, unless mandatory legal provisions state otherwise.

    Should any clause of these Terms be held void or unenforceable, the remaining clauses shall remain fully valid. Maison Smalto reserves the right to amend these Terms at any time; the Terms applicable to an order are those in effect on the day that order is confirmed.

    Terms & Conditions of Sale | Maison Smalto