Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

Article -1- Purpose and Enforceability

1. These General Terms and Conditions of Sale apply to the sale of any Product provided by:

The Company Savvyfine via their website savvyfine.com, Registration number 888 643 194 (SIREN), whose registered office is located in Bron, France.

Hereinafter referred to as the “Company” or the “Seller,”
to Customers who qualify as consumers, meaning any individual acting for purposes that are outside their commercial, industrial, craft, liberal, or agricultural activity, hereinafter referred to as the “Customer.” 2. Any order of Products implies the Customer’s unconditional acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, brochures, unless explicitly agreed otherwise and in advance by the Company.
3. The Company offers for sale clothing and accessories.
4. The Company does not sell Products to minors. If the Customer is under eighteen (18) years old, they may only use the Site under the supervision of a parent or guardian.
5. The photos on the Site are non-contractual and may differ slightly from the actual models. These variations are due to the different screen settings, camera settings, lighting of the Products, the angle of the shot, etc.
6. The Company reserves the right to modify these General Terms and Conditions of Sale at any time. In such cases, the applicable conditions will be those in effect on the date the Customer places the order.

Article -2- Customer Contact

1. The Company’s customer service and after-sales service can only be reached by email at savvyfine.co@gmail.com. The Customer must include their first name, last name, the subject of their request, and their Order number in the email.
2. For any professional inquiries (partnership, media, contract proposal), the Company can only be reached by email at savvyfine.co@gmail.com

Article -3- Definitions

• “Customer” refers to any consumer Customer who has placed an Order.
• “General Terms and Conditions of Sale” refers to this sales contract.
• “Order” refers to any order placed on the Website savvyfine.com for the Products.
• “Cart” refers to all selected Products.
• “Products” refers to the goods offered for sale on the Site. Each Product page mentions the price, the possibility to contact customer service, the technical product sheet, its stock availability, and reviews from other consumers, if applicable.
• The “Company” refers to the Company Savvyfine.
• The “Site” refers to the website savvyfine.com, which is the exclusive property of the Company.
• “Geographical Area of Offer” refers to the entire region where the Company offers Products for sale and delivers Orders, namely France and Europe.

Article -4- Placing an Order

1. The Customer places an Order via the Site: the Customer registers and confirms the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site’s catalog by clicking the “add to Cart” button. On the “Cart” page, the Customer can review the details of their Order and correct any potential errors before confirming.
3. On the “Information” page, the Customer must enter their contact details. They may opt to track their Order via email by checking the required box.
4. On the “Shipping” page, the Customer must choose the delivery method offered.
5. On the “Confirmation” page, the Customer must enter their payment details as well as the billing address. The Customer also has the option to enter a promotional code if they have one.
6. A complete summary of the Order appears. The Customer can modify all elements of the Order before finalizing it. The Customer is responsible for any errors related to the Order, Products, or contact information.
7. The sale is validly concluded when the Customer has confirmed the Order by clicking the “Complete my order” button, accepted the General Terms and Conditions of Sale, and made the payment according to the chosen method, subject to the right of withdrawal. The date of validation of the Order corresponds to the date of receipt of full payment, duly recorded.

Article -5- Availability

The Product offers are valid as long as they are visible on the Site, within the limit of available stock, excluding promotional operations mentioned as such on savvyfine.com. In the event of Product unavailability after placing the Order, the Company will inform the Customer by email. The Order will then be automatically canceled, and the Company will reimburse the Customer for the full amount paid, no later than thirty (30) days after the payment.

Article -6- Exercise of the Right of Withdrawal

1. For all distance sales transactions, the Customer has a period of fourteen (14) clear days, starting the day after they take possession of the goods or accept the offer for a service, without justification or penalty. The exercise of this right terminates this contract.
2. If the fourteen (14) day period ends on a Saturday, Sunday, or a public or non-working holiday, it is extended until the next business day. The Customer must inform the Company of their decision by sending the standard withdrawal form, available for download here: [FORM LINK].
3. The Customer then has an additional period of fourteen (14) days, from the communication of their decision to withdraw, to return the goods to the Company at the address mentioned in Article 1. The Customer should not return the Product to the manufacturer. They can choose their own carrier, ensuring that handling and transport are done in the best possible conditions. The cost of protective packaging for the Products is the responsibility of the Customer. The Company recommends returning the goods with tracking or registered mail.
4. The return shipping costs of the Product are borne by the Customer, along with any risks related to transporting the Product, regardless of the situation.
5. The Customer is liable for any depreciation of the Product resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of these Products, provided that the Company has informed the Customer of their right of withdrawal. Only Products returned in new condition in their original packaging will be accepted. In the case of depreciation, no return will be accepted.
6. Products unsealed by the Customer after delivery cannot be returned.

Article 7 – Refund and Fees

1. When the right of withdrawal is exercised, the Client is entitled to a full refund of the amounts paid.
   An email will be sent to the Client confirming that the returned merchandise has been received and inspected by the Company. The Company will inform the Client of its approval or denial of the refund request.
   The refund will be made within fourteen (14) days from the date the Company is informed of the Client’s decision to withdraw.
2. The Company will process the refund using the same payment method the Client used for the initial transaction.
3. Exercising the right of withdrawal within the legal timeframe ends the obligation of both parties to fulfill the contract, as well as any related contract, without any costs for the Client, except for the return shipping costs.
4. In case of delay in the refund, the Client should first contact the credit card issuer, then the bank, and lastly the Company at the following email address: MAIL SUPPORT.

Article 8 – Price

1. The total price of the Order includes the VAT price of the Products and any applicable delivery costs.
2. Products are invoiced based on the prices in effect on the Site on the date the Order is accepted. Discount codes, promotions, and sales cannot be combined.
3. Prices and rates may be revised at any time by the Company.

Article 9 – Payment

1. By placing an Order, the Client declares that they have sufficient financial guarantees to make the payment and will effectively pay the due amounts on time, in accordance with the law.
   The payment for invoices is made immediately upon the validation of the Order, according to the payment method freely chosen by the Client.
2. Payment for the Order by the Client may be made by:

• Credit card (Carte Bleue, Visa, Mastercard, or American Express): All credit card numbers are encrypted with 256-bit encryption when the Order is placed. They are only decrypted on the payment processor’s server. This information is not displayed in plain text on any website, making it inaccessible to the Company and third parties.
In the case of payment by credit card, the card will only be charged upon the validation of the Order. Payment is made in full.

3. Bank checks are not accepted.
4. Transaction details are retained for as long as necessary to complete the Order. Once the Order is finalized, the transaction details are deleted.

Article 10 – Transfer of Ownership and Risks

1. The Client acquires ownership of the ordered Products as payment is made. Any failure by the Client to meet their payment obligation, for any reason, entitles the Company to seek judicial termination of this sales contract and demand the return of the Products.
2. Delivery refers to the transfer to the Client of physical possession or control of the goods. All risks of loss or damage to the goods are transferred to the Client when they, or a third party designated by them (other than the carrier proposed by the Company), physically take possession of the Products.
3. When the Client entrusts the delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss or damage to the Product is transferred to the Client upon delivery of the Product to the carrier.

Article 11 – Delivery Deadlines

1. The delivery deadline is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Client, excluding installation or unpacking.
   Delivery will occur within the timeframe indicated during the Order, except in cases of major force. If no delivery date is provided, the Company will deliver the Product no later than thirty (30) days after the conclusion of the General Terms and Conditions of Sale.
2. If delivery is not made within the timeframe indicated by the Company, the Client may, after issuing a formal notice to the Company, terminate the contract or cancel the sale, by sending a registered letter with acknowledgment of receipt or in writing via another durable medium.
   The contract is considered terminated upon receipt by the Company of the registered letter notifying it of the termination, unless the delivery has occurred in the meantime.

Article 12 – Delivery Terms

1. Delivery is made to the address provided by the Customer when placing the Order. The Company may contact the Customer to ensure the accuracy of the contact details.
2. If delivery cannot occur due to an error in the information provided by the Customer, the costs of redelivery will be charged to the Customer. In such a case, the Company cannot be held responsible for any delay in delivery.
3. Delivery is carried out by a carrier, and the handover is subject to the specific terms of the carrier.
4. Delivery is deemed completed upon the physical handover of the Products to the Customer by the carrier. The delivery slip provided by the carrier, dated and signed by the Customer at the time of delivery, will serve as proof of transport and delivery. The Customer is responsible for checking the condition of the delivered Product in the presence of the delivery person and, in case of damage or missing items, to make reservations on the delivery slip, potentially refusing the Product, and notifying the Company.

Article 13 – Liability and Legal Guarantees

1. The Company is fully liable to the Customer for the proper fulfillment of the obligations arising from the General Terms and Conditions of Sale concluded remotely, whether these obligations are performed by the Company itself or by other service providers, including carriers, without prejudice to its right of recourse against them.
2. However, the Company may be exempt from all or part of its liability by proving that the non-performance or poor performance of the General Terms and Conditions of Sale is attributable either to the Customer, or to an unforeseeable and insurmountable event by a third party to the contract, or to a case of major force.
3. When the Product has either a defect of conformity or a hidden defect, the European Customer has the choice between:
   • a) Legal Guarantee of Conformity: The Company is responsible for conformity defects existing before the purchase of the Products sold under the conditions of articles L. 217-4 and following of the Consumer Code. This guarantee does not cover damages, breakages, or malfunctions resulting from improper use. Defects and deterioration of the Products due to abnormal storage or conservation conditions by the Customer, or accidents of any kind, are not covered by the warranty.
     • The Customer has two (2) years from the date of delivery to act.
     • The Customer can choose between repairing or replacing the Product, subject to the cost conditions specified in article L. 217-9 of the Consumer Code.
     • The Customer is not required to prove the existence of the defect for twenty-four (24) months from the delivery of the Product.
   • b) Legal Guarantee Against Hidden Defects: The Company is responsible for hidden defects that render the product unfit for its intended use, or so diminish its use that the Customer would not have purchased it or would have paid a lower price had they known, as per articles 1641 and following of the Civil Code. The Customer must prove the hidden defect.
     • The Customer has two (2) years from discovering the hidden defect to act.
     • The Customer can choose between canceling the sale (refund and return of the Product) or a price reduction in accordance with article 1642-1 of the Civil Code.
     • If the Product is defective or damaged upon receipt, the Customer can choose between replacement at no extra cost or a full refund.

To obtain a full refund or replacement of a defective or damaged Product, the Customer must send their request to the RETURNS EMAIL, attaching the completed form and one or more photos of the defective Product to verify the claim.

Article 14 – Major force

1. In accordance with article 1218 of the French Civil Code, major force or fortuitous events are events beyond the control of the parties that they could not reasonably foresee or prevent and that render the performance of obligations impossible.
2. The occurrence of a major force event automatically suspends the execution of the Order.
3. After ninety (90) calendar days, if the major force persists, either party may cancel the Order, and the sales contract will be terminated. The most diligent party must send a registered letter with acknowledgment of receipt to the other party terminating the contract. The termination date will be the date of the first presentation of the letter. In such a case, neither party can claim damages unless otherwise agreed.

Article 15 – Intellectual Property

1. All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark, image rights, and patent rights. No one is authorized to reproduce, exploit, redistribute, or use elements of the Site in any way, even partially. Simple or hypertext links are strictly prohibited without the express written agreement of the Company. Any authorized link must be removed upon request by the Company.
2. Only the use of the Site for private purposes is allowed, subject to any different or more restrictive provisions of the Intellectual Property Code.
3. Any total or partial reproduction of the Company’s catalog is strictly prohibited. Any unauthorized use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained.

Article 16 – Personal Data Processing

1. The Company collects Customer data for: a) Processing and tracking the Customer’s Order on its Site; b) Contacting the Customer about various events related to the Company, including Product updates and customer relationship management; c) Gathering information to improve the Site and Products (via cookies, for example). The data collected is processed by the Site’s contractors in charge of packaging and distributing ordered Products, as well as by the hosting provider, Hostinger, whose servers are secure and protected by a firewall.
2. The data is kept by the Company only for the time required to fulfill the above purposes, which shall not exceed five (5) years.
3. In accordance with Law No. 2018-493 of June 20, 2018, regarding personal data protection, and Regulation (EU) 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, correct, delete, or object to the processing of their data.
4. The Customer can exercise their rights by email at SUPPORT EMAIL.

Article 17 – User Comments and Other Suggestions

1. If the Customer sends ideas, suggestions, or other content, whether online, by email, mail, or otherwise (“comments”), whether solicited by the Company or not, the Customer grants the Company the unrestricted right to edit, copy, publish, distribute, translate, and use the comments in any medium at any time.
2. The Company is not obligated to maintain the confidentiality of comments, compensate for any comments provided, or respond to them.
3. The Company may monitor, modify, or remove content it deems illegal, offensive, threatening, defamatory, obscene, or that violates any intellectual property rights or the General Terms and Conditions.
4. The Customer agrees not to submit comments that violate third-party rights or contain illegal, defamatory, offensive, or obscene material, or that include viruses or harmful software. The Customer agrees not to use a false email address or impersonate others.
5. The Customer is fully responsible for the accuracy of their comments, and the Company assumes no responsibility for comments posted by the Customer or third parties.

Article 18 – Applicable Laws and Dispute Resolution

1. The General Terms and Conditions are governed by French law.
2. Disputes may be subject to mediation upon the Customer’s request.
3. The European Commission’s website outlines the mediation process and allows Customers to submit a request for mediation.
4. Disputes cannot be submitted to the Mediator if:
   • The Customer has not attempted to resolve the dispute directly with the Company;
   • The request is unfounded or abusive;
   • The dispute has already been examined by another mediator or court;
   • More than one year has passed since the Customer’s written complaint to the Company;
   • The dispute is outside the Mediator’s scope.
5. Mediation is free for the Customer, but any legal fees or third-party costs will be borne by the Customer.
6. The Mediator is impartial and not influenced by the parties.
7. Participation in mediation does not exclude the possibility of taking legal action.
8. The Company reserves the right to prosecute fraudulent purchase attempts.
9. If any clause of the General Terms becomes invalid, it does not affect the validity of other stipulations.