Terms of sale
FRANCESCO SMALTO INTERNATIONAL, a simplified joint stock company with a capital of 11,272,670.84 euros, whose registered office is located at 2, rue de Bassano, 75116 PARIS, registered under the RCS Paris B 329 120 794, intra-community VAT number: FR 73 329 120 794. Telephone: 00 33 (0)1 56 62 66 00 (hereinafter "FRANCESCO SMALTO INTERNATIONAL") specialises in the sale of clothing (made-to-measure, half-measure, ready-to-wear) and accessories for men under the Smalto brand.
In order to meet the expectations of its customers, FRANCESCO SMALTO INTERNATIONAL wished to offer them the possibility to purchase on its website www.smalto.com (hereinafter the "Site") some of its articles, namely ready-to-wear articles and accessories for men under the Smalto brand (hereinafter the "Products").
I - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of the present general terms and conditions of sale (hereinafter the "GTC") is to inform any potential buyer of the terms and conditions of sale and delivery of the Products ordered on the Site's online shop (hereinafter the "Smalto Online Store") and to define the respective rights and obligations of the parties in connection with the online sale of Products offered by FRANCESCO SMALTO INTERNATIONAL from the Site.
The GCS govern the contracts for the online sale of the Products and constitute the contractual documents binding on the parties, to the exclusion of all other conditions, in particular those applicable for sales in shops or through other distribution and marketing channels, and of all other documents, prospectuses, catalogues or photographs of the Products which are only indicative.
II - SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Products presented on the Site :
- are intended solely for retail sale to non-professional purchasers, having full legal capacity and the status of consumers (hereinafter individually the "Purchaser") and this, for strictly personal use;
- are deliverable exclusively to Buyers established in a country mentioned in the Delivery Zone as defined in article IX.A below.
FRANCESCO SMALTO INTERNATIONAL reserves the right to refuse any order which clearly does not correspond to a retail sale and/or is of an abnormal nature (particularly in terms of quantity or amount).
For any delivery in a country outside the Delivery Zone as defined in article IX.A below, please send a message to FRANCESCO SMALTO INTERNATIONAL at the following e-mail address: firstname.lastname@example.org.
III - AVAILABILITY, OPPOSABILITY AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale are made available on the Site, where they can be consulted directly on all pages, at the foot of the page. They can be saved and/or printed. They can also be sent to customers on request by telephone, e-mail or post.
The fact that the Purchaser orders a Product offered for sale on the Site, regardless of the media used, implies full and complete acceptance of these GCS.
IV - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
FRANCESCO SMALTO INTERNATIONAL may amend or supplement the GTCS at any time, and any changes will be published by putting a new version of the GTCS online. The Buyer is therefore invited to regularly consult the Site, under the heading General Terms and Conditions of Sale.
In case of modification of the GCS, the general terms and conditions of sale applicable to a given order of the Buyer are those accepted by the Buyer at the time of the placing of the said order and which are attached to the order confirmation email.
V - PRODUCTS
V.A - PRODUCT DESCRIPTION
In accordance with Article L. 111-1 of the French Consumer Code, the Purchaser may, prior to placing an Order, consult the Site to find out the essential characteristics of the Product(s) he wishes to order, the Products offered for sale on the Site being described and presented as accurately as possible (size, composition, illustrations, etc.).
The photographs of the Products are not contractual.
In spite of the care taken in their preparation, the descriptions of the Products and their photographs appearing on the Site are only indicative and do not commit FRANCESCO SMALTO INTERNATIONAL.
Before ordering a Product online, any Buyer may contact Customer Service or, if necessary, visit a Smalto shop to obtain additional information on the said Product.
V.B - PRODUCT AVAILABILITY
The Products are offered for sale while stocks last.
If it turns out that, notwithstanding the vigilance of FRANCESCO SMALTO INTERNATIONAL concerning the information relating to the availability of the Products provided at the time of the order, a Product is no longer available, FRANCESCO SMALTO INTERNATIONAL will inform the Buyer as soon as possible by any means (telephone call or e-mail), without its liability being engaged in this respect.
In such a case, no debit corresponding to the unavailable Product(s) will be made to the Buyer's bank account, any possible debit of an unavailable Product being reimbursed to the Buyer as soon as possible.
VI - PRICE
For each of the Products appearing on the Smalto Online Shop, the sales prices are indicated in euros, inclusive of all taxes, excluding delivery and transport costs (hereinafter the "Delivery Costs").
The Delivery Costs will be indicated to the Buyer before validation of the order and invoiced in addition, the total amount due by the Buyer for the order and its delivery appearing on the order confirmation page.
The Buyer is informed that prices are subject to change at any time, it being specified that those in force on the Smalto Online Shop on the day of the order will be applied.
The selling prices of the Products sold on the Smalto Online Shop may differ from those charged in the shops in which Smalto branded products are sold. The Buyer cannot claim a right to align prices online and in the shop.
VII - PLACING OF ORDERS AND FORMATION OF THE CONTRACT
VII.A - PROCESS FOR PLACING THE ORDER
To place an order with the Smalto Online Shop, the Buyer is invited to select the Products chosen and the desired quantities by adding them to his/her virtual shopping basket by "clicking" on the icon provided for this purpose.
Before validating his/her order, the Buyer (i) must identify him/herself either by logging into his/her account via his/her e-mail address and password or by providing the information requested in order to be able to execute his/her order and deliver it to him/her and (ii) has the possibility to check the details of the order, to identify possible errors in the entry of his/her data and to correct them or to delete one or more Products.
The attention of the Purchaser is drawn to the fact that FRANCESCO SMALTO INTERNATIONAL cannot be held responsible for the inaccuracy of the information concerning the Purchaser that he communicates to it.
The Buyer's consent is materialised by a "double click" (two mouse clicks), the first allowing him/her to validate the order, the second allowing him/her to confirm it definitively after having checked and, if necessary, corrected it.
The distance selling contract is concluded from the moment the Buyer clicks on the "PAY" button, it being specified that the Buyer is considered to have accepted with full knowledge of the facts (i) the content and conditions of the order in question, (ii) the fact that his order implies an obligation of payment on his part, (iii) the prices, volumes, characteristics, quantities and delivery times of the Products ordered and (iv) these GCS.
Once this step has been validated, the Buyer will no longer be able to cancel his order and the sale will be final, subject to the exercise by the Buyer of his right of retraction under the conditions provided for in article X of the GCS and a possible legitimate refusal by FRANCESCO SMALTO INTERNATIONAL to honour it under the conditions provided for in article VII.C of the GCS.
VII.B - CONFIRMATION OF ORDER
The order will be confirmed to the Buyer by sending an e-mail to the e-mail address indicated by the Buyer, the latter formally accepting the use of the e-mail for the confirmation of his order by FRANCESCO SMALTO INTERNATIONAL.
In the event of an error in entering the e-mail address concerned, or in the event of non-receipt of the e-mail confirming the order, FRANCESCO SMALTO INTERNATIONAL cannot be held liable and the sale will nevertheless be considered final, except in the event of cancellation of the order by FRANCESCO SMALTO INTERNATIONAL, under the conditions set out in article VII.C below, and subject to the Buyer exercising his right of withdrawal under the conditions set out in article X of the GCS.
An email will inform the Buyer of the dispatch of his order.
VII.C - ORDER CANCELLATION
FRANCESCO SMALTO INTERNATIONAL reserves the right to refuse to honour or cancel all or part of an order for the following legitimate reasons, namely
- if the quantities of Products ordered are abnormally high for a Buyer who is a consumer;
- in the event of unavailability of one or more Products;
- in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders;
- in the event of refusal to authorise payment by credit card by the officially accredited organisations or in the event of non-payment;
- in the event that the Purchaser has not paid in full or in part for a previous order.
In these cases, the Purchaser will be informed by e-mail of the cancellation of his/her order by FRANCESCO SMALTO INTERNATIONAL or of the possible abandonment of the order and will be reimbursed, where applicable, the sums paid prior to the said cancellation.
For any question relating to the follow-up of an order, the Purchaser may call the following telephone number: 00 33 (0)1 56 62 66 17 (cost of a local call), at the following days and times: Monday to Friday from 10 am to 5 pm, or send an e-mail to FRANCESCO SMALTO INTERNATIONAL at the following e-mail address: email@example.com.
In the event of fraudulent use of his or her credit card, the Buyer must, as soon as he or she becomes aware of such fraudulent use, inform FRANCESCO SMALTO INTERNATIONAL either by telephone or by e-mail at the telephone number or e-mail address mentioned in the previous paragraph.
VII.D - ARCHIVING AND PROOF
The computerised registers, kept in FRANCESCO SMALTO INTERNATIONAL's computer systems in reasonable conditions of security, will be considered as proof of communications, orders and payments between FRANCESCO SMALTO INTERNATIONAL and the Buyer. The Buyer is nevertheless invited to keep, for his part, the elements relating to his order (paper and/or electronic format).
It is furthermore agreed between FRANCESCO SMALTO INTERNATIONAL and the Buyer that e-mails will also serve as proof between them.
VIII - TERMS OF PAYMENT
Payment is made immediately upon ordering:
- by credit card: CB, Visa, Mastercard, Amex cards are accepted;
- by Paypal.
The Buyer guarantees FRANCESCO SMALTO INTERNATIONAL that he has the authorisations that may be necessary to use the method of payment chosen by him when validating the order.
The Site is equipped with a 3Dsecure online payment security system for all orders placed on the Smalto Online Shop.
In case of refusal of payment agreement by the bank or Paypal, the order will be automatically cancelled and FRANCESCO SMALTO INTERNATIONAL will be released from any obligation and responsibility towards the Buyer.
The invoice will be attached to the order confirmation e-mail sent to the Buyer.
IX - DELIVERY AND RECEPTION OF PRODUCTS
IX.A - DELIVERY TERMS AND CONDITIONS
FRANCESCO SMALTO INTERNATIONAL delivers the Products ordered only in Metropolitan France (including Corsica), the Principality of Monaco, Germany, Austria, Belgium, Spain (excluding the Principality of Andorra, Canary Islands, Ceuta), Greece, Italy (excluding the Vatican and San Marino), Ireland, the Netherlands and Portugal (excluding Madeira, Azores Islands) (hereinafter the "Delivery Area").
The Products ordered are delivered according to the delivery method chosen by the Purchaser (standard delivery, express delivery, "Click and Collect") when placing the order. Detailed information concerning delivery methods and costs is available as soon as the Purchaser has filled in his/her delivery address. No delivery will be made by FRANCESCO SMALTO INTERNATIONAL if full payment of the price is impossible.
Except for "Click and Collect" deliveries, deliveries will be made to the delivery address indicated by the Buyer, as post office boxes are not eligible for delivery.
As long as the delivery address is located in a country in which FRANCESCO SMALTO INTERNATIONAL delivers the Products, any place is eligible for delivery, including hotels, residences, workplaces and holiday homes, with the exception of post office boxes. Changing the delivery address indicated by the Buyer is not possible after validation of his order.
The Purchaser shall ensure the accuracy of the delivery address he or she provides when placing the order. Any package returned to FRANCESCO SMALTO INTERNATIONAL due to an incorrect or incomplete delivery address will be reshipped at the expense of the Purchaser.
If the Purchaser has agreed to give his/her telephone number or e-mail address when placing the order, these may be passed on to FRANCESCO SMALTO INTERNATIONAL's carrier to facilitate the delivery of the order. Depending on the carrier, the Purchaser may, if necessary, receive text messages or emails confirming shipment and tracking of his/her delivery and have the possibility to reschedule a delivery at a date convenient for him/her. In the event of repeated delivery failures and if the recipient has not picked up the package from the carrier, the order will be considered cancelled and the costs will be refunded to the Buyer.
Click & Collect" delivery:
The Purchaser also has the possibility of picking up the delivery at the Parisian Smalto boutique: 44 rue François 1er - 75008 Paris (hereinafter the "Parisian Smalto Boutique").
Whenever possible, the Purchaser has the possibility to choose the "Click & Collect" option when placing his/her order. The Buyer will be contacted as soon as the Product(s) ordered are made available by sms and/or email by the Boutique Parisienne Smalto to organise the collection of the goods.
The Product(s) ordered in the Parisian Smalto Boutique will be made available within the time limits communicated by FRANCESCO SMALTO INTERNATIONAL and, in any event, no later than thirty (30) days from the order, subject to full payment of the price.
The Purchaser has a period of thirty (30) days from the date on which the Product(s) ordered on the Site are made available in the Parisian Smalto Boutique to collect them.
To collect the parcel, the Purchaser must present the email or sms containing the order as well as a valid identity document. The identity of the Purchaser will be verified and, on this occasion, a copy of his/her identity document may be made, which the Purchaser expressly accepts by choosing this delivery method. La Boutique Parisienne Smalto also reserves the right to check the payment card used to pay for the order in question.
The Purchaser also has the possibility to ask a person of his/her choice to collect the order in his/her place and on his/her behalf, under the conditions of this paragraph. This person thus appointed by the Purchaser will be asked to bring his/her own identity document, a copy of the Purchaser's identity document, the order confirmation e-mail received by the Purchaser and the authorisation for collection by a third party duly dated and signed, in accordance with the form available in the Annex to the GTC - Third Party Order Collection Form.
When the package is handed over, the Buyer or the person appointed by the Buyer must sign a collection slip, which will be proof of delivery by FRANCESCO SMALTO INTERNATIONAL and receipt by the Buyer of the Products ordered. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the withdrawal slips kept by FRANCESCO SMALTO INTERNATIONAL being proof of the delivery by FRANCESCO SMALTO INTERNATIONAL.
After thirty (30) days from FRANCESCO SMALTO INTERNATIONAL's dispatch to the Customer of the message informing him that his parcel has been placed at his disposal for collection in the Parisian Smalto Boutique, the sale will be cancelled by operation of law. The Buyer will then be refunded the price of his order, by the same means of payment as that used for the order.
IX.B - DELIVERY TIMES
FRANCESCO SMALTO INTERNATIONAL endeavours to dispatch the Products to the Buyer as soon as possible once the order has been placed, depending on the availability of the Products and the delivery method chosen by the Buyer at the time of placing the order.
As from receipt of the order confirmation e-mail, delivery of the Products will be made within a maximum of thirty (30) days, subject to the availability of the Products, the times indicated for a Standard delivery or an Express delivery only starting to run as from the handing over of the Product to the carrier and not assuming the order processing time.
In the absence of delivery within the maximum period of thirty (30) days, the Purchaser must contact Customer Service as soon as possible either on the following Customer Relations telephone number: 00 33 (0)1 56 62 66 17 (cost of a local call), on the following days and at the following times: Monday to Friday, from 10am to 5pm, or by sending an email to the following email address: firstname.lastname@example.org.
In the absence of delivery within thirty (30) days, the Buyer also has the option of cancelling his order and obtaining a full refund.
IX.C - RECEIPT OF PRODUCTS
The transfer of risks of the Products takes place at the time of their delivery to the Buyer, i.e. at the time when the Buyer (or any third party designated by him) takes physical possession of the Products concerned.
Upon delivery of the order by the carrier, the Purchaser (or any third party designated by him) is required to check the number and condition of the Products and to issue, if necessary, all useful reservations concerning apparent defects (missing product, open or damaged package). If the package received is open or visibly damaged, or if all or part of the Products in the package are damaged, missing or do not correspond to the order, the Purchaser (or any third party designated by him) is invited to refuse receipt of the package or the Products concerned and to issue, in writing, the necessary and sufficiently detailed reservations to the carrier (open package, package or item(s) damaged or missing or not corresponding to the order, etc.).
In any event, the Buyer also undertakes to immediately notify FRANCESCO SMALTO INTERNATIONAL via the Contact section at the bottom of the home page of the Site to enable FRANCESCO SMALTO INTERNATIONAL to make an enquiry with the carrier and/or to exercise, if necessary, any recourse with the carrier within the time limits provided for by the applicable regulations.
In the event of a missing Product, refusal or return of a Product by the Buyer in the circumstances described in the present article IX. C, FRANCESCO SMALTO INTERNATIONAL will either reimburse the Product(s) concerned within fourteen (14) days, or reship the damaged and/or missing Product(s), without prejudice to the possibility for the Buyer to exercise his right of withdrawal under the conditions provided for in Article X of the GCS or to exercise the guarantees available to him as provided for in Article XI of the GCS.
X - LEGAL RIGHT OF WITHDRAWAL AND CONTRACTUAL RIGHT OF WITHDRAWAL
X.A - LEGAL RIGHT OF WITHDRAWAL
By law, the Purchaser has, for orders placed on the Site, a period of fourteen (14) clear days from receipt of the Products ordered to retract (hereinafter the "Legal Right of Retraction") without giving any reason, the date appearing on the carrier's receipt signed by the Purchaser being proof of the delivery date. In the case of an order relating to several Products delivered separately, the period runs from receipt of the last Product. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is postponed until the first following working day.
In application of article L.221-28 of the French Consumer Code, the Buyer is informed that the legal Right of withdrawal cannot be exercised with regard to :
- the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection ;
- the supply of goods made to the consumer's specifications or clearly personalised.
X.B - CONVENTIONAL RIGHT OF WITHDRAWAL
In order to ensure the satisfaction of its Purchasers, FRANCESCO SMALTO INTERNATIONAL accepts the return of Products ordered on the Site beyond the legal deadline mentioned above in article X.A, under the conditions specified below (hereafter the "conventional right of withdrawal").
For orders placed on the Site, the Purchaser has a period of thirty (30) clear days from receipt of the Products ordered to withdraw without giving any reason, the date appearing on the carrier's receipt signed by the Purchaser being proof of the delivery date. In the case of an order relating to several Products delivered separately, the period runs from receipt of the last Product. When the thirty (30) day period expires on a Saturday, Sunday or public holiday, it is postponed until the first following working day.
The Buyer is informed that the conventional Right of Withdrawal cannot be exercised in respect of :
- the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection ;
- the supply of goods made to the consumer's specifications or clearly personalised.
X.C - PROCEDURES FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL AND THE CONTRACTUAL RIGHT OF WITHDRAWAL
In order to exercise the legal Right of Withdrawal or the conventional Right of Withdrawal, the Buyer can notify his will to withdraw:
- either by sending to FRANCESCO SMALTO INTERNATIONAL, by e-mail (email@example.com) or post with tracking (Francesco Smalto International, 2, rue de Bassano, 75116 PARIS), an unambiguous statement expressing his wish to withdraw. The declaration must specify the Buyer's name, postal address, order number and, if possible, the Buyer's telephone number and e-mail address. The Purchaser may use the model withdrawal form/return form in the Annex to the GTC. Withdrawal form/return note
For further information, the Buyer may call 00 33 (0)1 56 62 66 17 from Monday to Friday from 10am to 5pm;
- or by bringing the products received directly to the Smalto Parisian Boutique, located at 44, rue François 1er - 75008 PARIS. The Buyer's willingness to retract will then be recorded by FRANCESCO SMALTO INTERNATIONAL which, subject to their condition, will proceed to reimburse the Buyer for the amount corresponding to the returned Products.
Any other method of retraction is accepted, as long as it is unambiguous and clearly expresses the Buyer's wish to retract, it being specified that the simple return of the Products or the refusal to take delivery of them is not sufficient to clearly express this wish.
X.D - PROCEDURES FOR RETURNING PRODUCTS THAT HAVE BEEN THE SUBJECT OF THE LEGAL RIGHT OF WITHDRAWAL OR THE CONVENTIONAL RIGHT OF WITHDRAWAL
The Product(s) for which the Buyer has exercised his right of withdrawal must be returned within fourteen (14) days from the expiry of the period for exercising the said right, by sending them exclusively to the following address:
44, rue François 1er
75008 PARIS and this,
by using the prepaid label provided by Customer Service to the Purchaser who will request it, if the delivery took place in metropolitan France ("Prepaid Label") and by following the instructions of the said Label which must be stuck on the return package. If the Buyer located in metropolitan France fails to use the Prepaid Label, the return costs will be borne by the Buyer.
Outside metropolitan France, the return costs are the sole responsibility of the Buyer.
X.E - METHODS OF REFUNDING PRODUCTS THAT HAVE BEEN THE SUBJECT OF THE LEGAL RIGHT OF WITHDRAWAL OR THE CONVENTIONAL RIGHT OF WITHDRAWAL
Products returned after exercising the statutory Right of Withdrawal or the conventional Right of Withdrawal must be returned in new condition and in their original packaging, accompanied by the withdrawal form/return note duly completed by the Buyer. Products that are not returned or that are 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 to the Buyer.
The soles of the shoes must also be intact: it is therefore strongly recommended that you try on Smalto shoes on a carpet or rug type surface.
Subject to the foregoing, FRANCESCO SMALTO INTERNATIONAL will refund the returned Products by crediting the payment method used by the Buyer at the time of payment. Delivery costs will also be refunded to the Buyer according to the same terms, except for those corresponding to the additional costs paid by the Buyer and linked to the choice of a specific delivery method (Express delivery) and except in the case of partial return of the order.
Reimbursement will be made no later than fourteen (14) days after the date following receipt by FRANCESCO SMALTO INTERNATIONAL of the returned Product(s).
FRANCESCO SMALTO INTERNATIONAL reserves the right to refuse the reimbursement of Products returned late.
XI - LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE OF HIDDEN DEFECTS
In accordance with the legal provisions in force, all Products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Buyer to return defective or non-compliant products free of charge.
The Buyer, residing outside France, is informed of the existence of a legal guarantee scheme applicable in his country of residence and of the fact that the French law applicable to the GCS cannot have the effect of depriving him of the benefit of the said scheme.
The Buyer is required to check upon delivery that the Products received correspond to the order. If he or she finds a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, the Buyer must contact Customer Service by e-mail or by telephone (contacts: see article IX.B) who will provide him or her with the necessary information concerning the return of the Products and their replacement or reimbursement.
XI.A - Legal guarantee of conformity
The French Consumer Code provides in particular the following concerning the legal guarantee of conformity:
Article L217-4: "The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when this has been made at his expense by the contract or has been carried out under his responsibility".
Article L217-5: "The goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. “
Article L. 217-12: "The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the goods".
FRANCESCO SMALTO INTERNATIONAL thus guarantees the conformity of the Product sold to the contract, allowing the buyer to make, if necessary, a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the French Consumer Code.
When acting as a legal guarantee of conformity, the Buyer :
- is exempt from having to provide proof of the existence of the Product's lack of conformity during the twenty-four (24) months following its delivery;
- has a period of two years from the delivery of the Product to act;
- may choose between repair or replacement of the Product, provided that this choice entails a disproportionate cost for FRANCESCO SMALTO INTERNATIONAL in accordance with the provisions of Article L. 217-9 of the French Consumer Code;
- may, if the repair or replacement of the Product is unavailable, obtain a refund of the price paid and return the Product or keep the Product and obtain a refund of part of the price, although the sale may not be cancelled if the lack of conformity is minor.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
XI.B - Legal warranty for hidden defects
The French Civil Code provides in particular the following regarding the guarantee of hidden defects:
Article 1641: "The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".
Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the apparent defects or lack of conformity".
In accordance with articles 1641 et seq. of the French Civil Code, FRANCESCO SMALTO INTERNATIONAL is liable for hidden defects that may affect the Product sold. However, FRANCESCO SMALTO INTERNATIONAL is not liable for apparent defects.
The Buyer who implements the guarantee for hidden defects must prove the hidden defect by any means. He may choose between cancellation of the sale (he must then return the Product and have the price refunded) or a reduction of the price in accordance with article 1644 of the French Civil Code (he then keeps the Product and has part of the price refunded).
XII - LIMITATION OF LIABILITY - FORCE MAJEURE
FRANCESCO SMALTO INTERNATIONAL cannot be held liable in the event of non-performance or poor performance of the contract due either to the Buyer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure within the meaning of article 1218 of the Civil Code.
In the event of the occurrence of a case of force majeure likely to prevent or delay the performance of one of its obligations by FRANCESCO SMALTO INTERNATIONAL, the latter will notify the Buyer within eight (8) days.
In the event that the effects of this case of force majeure continue for more than thirty (30) days, the Buyer will have the possibility to cancel the current order and FRANCESCO SMALTO INTERNATIONAL will reimburse the Buyer as soon as possible.
XIII - PERSONAL DATA AND COOKIES - INTELLECTUAL PROPERTY RIGHTS
Consultation of the Site implies the Buyer's acceptance of the General Conditions of Use of the Site, which the Buyer is referred to in the corresponding section of the Site.
XIV - NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted as a waiver for the future of the obligation in question.
XV - COMPLETENESS
The nullity or inapplicability of any of the clauses of the GTC shall not affect the other clauses, which shall remain applicable.
XVI - LANGUAGE OF THE GVC'S
The GTC are written in French.
XVII - APPLICABLE LAW - MEDIATION - ASSIGNMENT OF JURISDICTION
These GCS are subject to French law, without however having the effect of depriving the Buyer of the level of protection offered by the mandatory provisions of the country of his habitual residence.
In the event of a dispute concerning the Smalto Online Shop, these GCS and/or an order for Products, the Buyer is invited to contact the Customer Service of FRANCESCO SMALTO INTERNATIONAL on 00 33 (0)1 56 62 66 17 (cost of a local call) as a matter of priority, from Monday to Friday, except public holidays or non-working days, from 10 am to 5 pm firstname.lastname@example.org or by post to FRANCESCO SMALTO INTERNATIONAL, 2, rue de Bassano, 75116 PARIS, in order to try to find an amicable solution to the dispute.
In the absence of agreement between the parties or in the absence of a response from FRANCESCO SMALTO INTERNATIONAL within three (3) months, the Buyer may submit his dispute to the European Commission via its online dispute resolution platform available on the link :
In the absence of an amicable solution or recourse to mediation, all disputes to which the present GTC may give rise will be submitted, unless mandatory provisions to the contrary, to the competent French courts, in application of the rules of the French Code of Civil Procedure and the French Consumer Code.
These general terms and conditions of sale were updated on 11 December 2020.
- Appendix 1: Withdrawal form/return slip
- Appendix 2: Form for the withdrawal of an order in the shop by a third party