ARTICLE 1 DESIGNATION OF THE SELLER

The website www.summer-store.com (the "Website") is published by the company SUMMER, a limited liability company with a capital of 20,000 euros, having its registered office at 1 Place Gailleton in LYON 69002, whose unique identification number is 751 564 741 RCS LYON, email:
customerservice@summer-store.com

ARTICLE 2 - GENERAL PROVISIONS

2.1. OBJECT

The general conditions of sale (the "GCS") are applicable exclusively to the online sale of ready-to-wear products and related products and accessories of the company SUMMER (the "Seller") on the Website whose access is free.

2.2. FIELD OF APPLICATION

The GTCs govern the online sales contracts of the Seller's products to buyers with the status of Consumers, understood as natural persons acting for personal purposes (the "Consumers") and constitute with the online order the paper and / or electronic writings formalizing the distance contract of sale between the parties, to the exclusion of all other documents.

The GTC are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union.

2.3. AVAILABILITY AND BINDING NATURE

The GTC are made available to Consumers on the Website for free consultation and as a step in the ordering process.

The GTC are binding on the Consumer who acknowledges, by ticking the box provided for this purpose when ordering as specified in Article 6 below, that he/she is aware of them and has accepted them before placing the order.

The validation of the order by its confirmation implies acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.

ARTICLE 3 - PRODUCTS

3.1. CHARACTERISTICS

The products offered for sale on the Website are described. Photographs are not part of the offer, provided that they are not misleading. The offer of sale is made subject in particular to Article 6.3.

3.2. AVAILABILITY OF STOCKS

In the event of unavailability, the Seller shall inform the Consumer and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order to be used for any future order.

In the event of disagreement, the Seller shall proceed with the reimbursement of the sums paid within fourteen (14) days. The Seller is not liable for any cancellation indemnity.

ARTICLE 4 - PRICES

4.1. SELLING PRICE

The selling price is the one in force on the day of the order.

In accordance with Article L. 112-1 of the Consumer Code, the selling prices are indicated, for each of the products listed in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.

The total amount due by the Consumer is indicated on the order confirmation page of the Website (see Article 6 below).

4.2 COSTS

The additional delivery or postage costs (to which must be added any other costs borne by the Seller), of which the Customer may have been made aware before placing the order, are set out on the order form.

ARTICLE 5 - OFFER

5.1. SPATIAL SCOPE OF THE ONLINE SALES OFFER

The online sales offers presented on the Website are reserved for Consumers residing throughout the world (special cases may apply) and for deliveries in these same geographical areas.

5.2. DURATION

The online sales offers presented on the Website are valid, in the absence of any indication of a particular duration, as long as the products appear in the electronic catalogue and within the limits of available stocks.

5.3. ACCEPTANCE

Acceptance of the offer by the Consumer is validated, in accordance with the double-click process, by the confirmation of the order, as follows.

ARTICLE 6 - ORDER WITH OBLIGATION OF PAYMENT

6.1. STEPS FOR CONCLUDING THE CONTRACT

  1. To place an order, the Consumer must create an account.
  2. The Consumer fills in the virtual basket by indicating the products selected and the desired quantities, then clicks on the "order" button on the icon materializing the virtual basket. Then, the Consumer connects or creates his account.
  3. Before clicking again on the "order" button, the Consumer has the possibility to check the details of his/her order and its total price and to return to the previous pages to correct any errors or possibly modify his/her order.
  4. The Consumer chooses the method and cost of delivery.
  5. The confirmation of the order implies then at the time of the validation of the transport the acceptance of the CGV by notching the box envisaged for this purpose forming thus the contract, being specified that the CGV are consultable while clicking on the link "general conditions of sales".
  6. Payment is then made by credit card or via PayPal.

6.2. ORDER MODIFICATION

Any modification of the order by the Consumer after confirmation of the order is subject to acceptance by the Seller.

The Seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.

6.3. VALIDATION OF THE ORDER - RESERVE

The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers with the status of Consumers.

6.4. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER

The Seller acknowledges receipt of the order by electronic means.

ARTICLE 7- CONTRACT

7.1. CONCLUSION

The sales contract is formed when the Consumer sends confirmation of his order, unless the order is refused as described in Article 6.3.

7.2. ARCHIVING AND PROOF

The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with article 1366 of the civil code and with article L. 213-1 of the code of consumption. These communications, order forms and invoices may be produced as proof of the sales contract.

7.3. RESOLUTION

The order may be cancelled by the Consumer by registered letter with acknowledgement of receipt or by a written document on another durable medium in the event of:

a) delivery of a non-conforming product ;

b) of delivery exceeding the deadline fixed in the purchase order or, in the absence of such a date, within thirty days following the conclusion of the contract, after the Seller has been enjoined, according to the same modalities and without result in the meantime, to carry out the delivery within a reasonable additional time in accordance with article L. 216-2 of the code of consumption;

c) a price increase that is not justified by a technical modification of the product imposed by the public authorities.

The Seller proceeds to the reimbursement of the sums paid within fourteen (14) days.

In all these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

The order may be cancelled by the Seller in case of :

  • refusal of the buyer to take delivery ;
  • non-payment of the price (or the balance of the price) at the time of delivery.

In all these cases, the deposit paid at the time of the order remains with the Seller as compensation.

ARTICLE 8 - PAYMENT

8.1. PAYABILITY

The price is payable in full when the order is placed.

With the exception of the sums paid which are reimbursed in the event of the unavailability of the product ordered under the conditions provided for in Article 3-2, any sum paid in advance of the price produces interest at the legal rate at the end of a period of three months from the date of payment until the delivery of the product or, failing that, the restitution of the sum paid at the time of the order, in accordance with Article L. 214-2 of the French Consumer Code.

Payment is made immediately upon ordering by credit card or via PayPal.

8.2. SECURING THE PAYMENT

The Website is equipped with a system for securing online payments that allows the Consumer to encrypt the transmission of his/her bank details.

The Website indicates the accepted means of payment.

8.4. RETENTION OF TITLE CLAUSE

The Seller remains the owner of the products until full payment is received.

ARTICLE 9- DELIVERY

9.1. DELAY

The Consumer may apply Article 7.3 b).

9.2. DELIVERY METHODS

The delivery is carried out by the direct handing-over of the product to the Consumer with the address indicated at the time of the on-line placing of the order. It is the Consumer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product and to inform the Seller of this.

In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must collect the product ordered within fifteen (15) days of the notice. In the absence of withdrawal within this period, the Seller may, after a formal notice has remained without effect, automatically cancel the order and retain the deposit paid and the product as compensation.

9.3. DELIVERY AND TRANSFER OF RISK

The risks of loss or damage to the goods are transferred to the Consumer at the moment when he or a third party designated by him takes possession of the goods.

The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the Seller's risk.

The product, which is delivered to the Consumer by a carrier chosen by him, travels at the Consumer's risk from the moment of delivery to the carrier.

ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS

10.1. INFORMATION FOR THE CONSUMER

It is recalled that all products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

10.2. IMPLEMENTATION OF THE GUARANTEE OF CONFORMITY

In accordance with Article L. 217-4 of the Consumer Code, "the Seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

In accordance with Article L. 217-5 of the Consumer Code "To be in conformity with the contract, the goods must :

1/ Be fit for the purpose usually expected of a similar good and, where applicable:

  • correspond to the description given by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labelling;

2/ Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.

In accordance with Article L. 217-12 of the same code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

When acting under the legal guarantee of conformity, the Consumer :

  • has a period of two years from the delivery of the goods to act ;
  • may choose between repair or replacement of the goods, subject to the conditions of cost provided by Article L. 217-9 of the Consumer Code;
  • is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

In accordance with article L. 217-16 of the same code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.

10.3. IMPLEMENTATION OF THE GUARANTEE AGAINST HIDDEN DEFECTS

In accordance with Article 1641 of the Civil Code, "The Seller is bound by the warranty for latent defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them."

According to Article 1648 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

The Consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Independently of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

ARTICLE 11 RIGHT OF WITHDRAWAL

11.1. CONDITIONS, TIME LIMIT AND METHODS OF EXERCISE

You will have the right to withdraw, without giving any reason, within fourteen (14) days after the day on which you, or the third party you have appointed to do so, took physical possession of the goods.

To exercise the right of withdrawal, you must notify us of :

  • your name, your geographical address and, where available, your telephone number and your e-mail address ;
  • as well as your decision to withdraw by means of an unambiguous statement to the following e-mail address
  • customerservice@summer-store.com

11.2 EFFECTS

In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw.

We will make the refund using the same method of payment that you would use for the original transaction. With your express agreement, another means may be used. In any case, this refund would not incur any costs for you.

It is recalled that the customer's responsibility, in case of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these goods.

The Seller reserves the right to defer the refund until receipt of the goods ordered.

11.3. RETURN - RETURN COSTS

In the event of retractation, the customer will have to send back or return the good, to SUMMER, 1 Place Gailleton in LYON 69002 / FRANCE, without excessive delay and, in any event, at the latest fourteen (14) days following the communication of the retractation.

The consumer SUPPORTS THE COST OF RETURN of the good in case of withdrawal.

ARTICLE 12 - INTELLECTUAL PROPERTY

The Website, the elements reproduced on the Website, including the SUMMER brand, are the exclusive property of the Seller, protected by copyright, trademark law and patent law. Any reproduction and distribution of these elements, without prior written authorization from the publisher, exposes the offenders to legal proceedings.

ARTICLE 13 - PROCESSING OF PERSONAL DATA (CNIL DECLARATION 2170720)

The Seller collects and processes the personal data of Consumers for the following purposes: (i) operations relating to the day-to-day management of customers concerning contracts and orders, (ii) the supply of products and services on the Website, (iii) the management of returns, exercise of the right of withdrawal, (iv) the management of payments, invoicing, outstanding payments and litigation.

Consumers who do not wish to provide the information necessary for the use of the services offered by the Website and, where applicable, necessary for the creation of a personal space, may neither use the services offered by the Seller nor place an order on the Website.

In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you.

If you have previously accepted, you may receive marketing emails or SMS from the Seller from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received. It is also specified that the customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on the Bloctel opposition list on the website bloctel.gouv.fr.

If you do not want your contact details to be re-used for commercial purposes, please inform the department responsible for processing.

13.1. USE OF PERSONAL DATA COLLECTED

The uses of your personal data are mainly the following:

  • Access and use of the site;
  • Verification and authentication of your data;
  • Optimization of the layout and operation of the site;
  • Management of the relationship with you;
  • Sending commercial information and advertising messages, based on your browsing history, preferences and interests.

13.2. DURATION OF STORAGE OF YOUR DATA

Your personal information is kept for a period that cannot exceed 3 years, unless:

  • You exercise, under the conditions set out below, one of the rights granted to you by the legislation;
  • A longer retention period is authorised or imposed by virtue of a legal or regulatory provision.

13.3. PROTECTION OF YOUR DATA

Access to your personal data is strictly limited to SUMMER's employees and agents, authorized because of their functions and bound by an obligation of confidentiality. However, the data collected may be communicated to subcontractors contractually responsible for the execution of tasks necessary for the proper functioning of the Site and its services as well as the proper management of the relationship with you, without you needing to give your permission. It is specified that, within the framework of the execution of their services, the subcontractors have only limited access to your data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, SUMMER undertakes not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

13.4. YOUR RIGHTS TO YOUR DATA

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the following rights:

  • Exercise your right of access, to know the personal data that concerns you;
  • Request the update of your data, if it is inaccurate ;
  • Request the portability or deletion of your data;
  • Request the limitation of the processing of your data;
  • Object, on legitimate grounds, to the processing of your data;
  • Oppose or withdraw your consent to the use of your details by our services for the sending of our promotions and solicitations via e-mail, SMS messages, telephone calls and postal mail.

This right remains valid whether the information concerning you has been transmitted to us directly by you or by third party partners to whom you have communicated it (in this case, you will have to click on the unsubscribe links provided in our SMS or emails or contact us under the conditions below).

These different rights can be exercised directly by email at the following address:
customerservice@summer-store.com

For security reasons and to avoid any fraudulent request, this request must be accompanied by a proof of identity. The proof of identity will be destroyed once the request has been processed.

13.5. COOKIES

When consulting the Site, Cookies are deposited on your computer, your mobile or your tablet.

A cookie is a piece of information deposited on your browsing device by the server of the Site visited. Certain parts of the Site may not be functional without the acceptance of cookies by the user.

The information collected in this way will only be used to track the volume, type and pattern of traffic using this Site, to develop the design and layout of the Site and for other administrative and planning purposes and generally to improve the service we offer you.

This information will not, unless you agree, be retained for more than 13 months.

You can deactivate cookies from your browser settings.

ARTICLE 14 - MEDIATION

14.1. PRIOR COMPLAINT

In the event of a dispute, you must first contact the customer service department.

14. 2. REQUEST FOR MEDIATION

In the event of failure of the request for complaint or in the absence of response within a period of two months, the Consumer can submit the dispute relating to the purchase order or the present GTC to a mediator who will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution.

The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Consumer may contact the Centre Interprofessionnel de Médiation et d'Arbitrage de LYON: CIMA at 32 Quai Perrache 69002 Lyon, tel: 04 78 28 26 70, e-mail : contact@cima-mediation.com

ARTICLE 15 - COMPETENT COURT

In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods (Article 46 of the same code).

ARTICLE 16 - APPLICABLE LAW

This contract and the GTC governing it are subject to French law.