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General terms and conditions of sale

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Scope of application and modification of the general terms and conditions of sale

ONLINE SALE OF THE PRODUCTS OF THE BRAND "SUBTLE" BY THE COMPANY SUBTLE SAS SARL The present general terms and conditions of sale apply between : The company SUBTLE, SARL with a capital of 3,000 euros, having its head office at Zone industrielle de la gare, 26260 St Donat sur l'Herbasse - FRANCE, registered with the RCS of Paris under the number 821 698 347, code NAF 4642ZB, Intracommunity VAT number: FR 06 821698347, publisher of the website www.subtle-shoes.com. Below: "SUBTLE"

And, uh..:
Anyone making a purchase on the www.subtle-shoes.com website. Below: "The Customer"

The Client declares that he has the capacity to enter into this contract, i.e. that he is of legal age and is not under guardianship. The order by the Customer implies irrevocable adherence to these general terms and conditions of sale. The sales contract is subject to French law.

Article 1: Scope of application and modification of the general terms and conditions of sale

The present general conditions of sale apply to all orders placed on the website www.subtle.fr. An e-commerce service published by the company SUBTLE. The publisher reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order. The fact that the seller does not avail himself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail himself of any of the said conditions at a later date. These general terms and conditions of sale exclusively concern only natural persons who are not traders.

Article 2: product availability

SUBTLE is a retailer and is not intended to sell the products offered in large quantities. Consequently, SUBTLE reserves the right to refuse orders of the same product in important quantities and this from 3 identical articles. In the event that a customer would like to place a bulk order, he will have to contact the company SUBTLE. Our product offers and prices are valid as long as they are visible on the site, within the limit of available stocks, excluding promotional operations mentioned as such on the sites. The date of registration of the order corresponds to the date of payment by credit card online with the secure payment terminal of our partner. In the exceptional case of unavailability, we commit ourselves within 30 days from the validation of the order to reimburse you by re-crediting your credit card.

Article 3: Validation of orders and electronic signature

Law of 13 March 2000 on electronic signatures. Any order validated by "double click" implies irrevocable adherence to the present general conditions of sale. The "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

Article 4: prices

The prices of our products are indicated in euros all taxes included (VAT and other taxes) except participation in the costs of processing and shipping. In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of SUBTLE. They will be at your expense and are your entire responsibility, both in terms of declarations and payments to the authorities and/or competent organizations of your country. We advise you to inquire about these aspects with your local authorities. SUBTLE reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time of your order, subject to availability at that date. The products remain the property of SUBTLE until the complete collection of the price.

Article 5: payment methods and security

5.1 TERMS OF PAYMENT

Cash payment

Cash payment by credit card

You can pay by credit card: in this case, the payment is made on the site of our partner. This implies that no banking information concerning you will be transmitted via the www.subtle.fr website. Payment by credit card is therefore perfectly secure. Your order will be recorded as soon as the payment is accepted by the banking service. You can pay online in complete confidence by entering the number and expiry date of your bank card and the security code on the back of your card in the spaces provided for this purpose.

Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. SUBTLE has no access to these details and does not keep them on its servers. This is why you will be asked for them each time you make a new transaction on our site.

Cash payment by Paypal

You can make the payment by Paypal system: in this case, the payment is made through our partner. The general terms and conditions of use of Paypal will apply.

5.2 FIGHT AGAINST FRAUD

SUBTLE reserves the right to check the validity of the payment, before dispatch of the order, by any means deemed necessary (in particular the request for identity papers, proof of address, etc.).

5.3 DEFAULT OF PAYMENT

We remind you that the fact of validating your order implies the obligation at your expense to pay the price indicated.

SUBTLE reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. In case of fraud, SUBTLE reserves the right to cancel any member without any notice or compensation.

Article 6: Order preparation times

6.1 ORDER PREPARATION TIMES

Most of our products are shipped within 24 working hours.

Orders placed on a Saturday, Sunday or holiday will be processed on the next business day.

The product ordered is delivered to the address on the order form. In the event of a data entry error, in particular an erroneous or incomplete delivery address, SUBTLE cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All the expenses related to the reshipment of the products due to a data entry error by the Customer will be at the exclusive charge of the Customer.

The customer is informed that SUBTLE reserves the right to choose the most suitable mode of transport according to the nature of the product, its weight and volume.

For certain products, SUBTLE will indicate the most appropriate delivery method when ordering.

Delivery times may not exceed 30 working days after the date of validation of payment by the Customer.

The announced deadlines are ex warehouse.

For shipments of products by DPD:

The average delivery time is 3 working days from the validation of the payment. However, the expected delivery date is indicated at the time of the order and on each of our product sheets. This delivery time is an average time corresponding to the service used for a delivery in Continental France. In case of absence, the Customer will be responsible for recovering the product from the services concerned.

In the event of public holidays, periods of high activity such as sales, bad weather, exceptional closures or traffic bans, processing and delivery times may be extended.

Delivery tracking

After validation of the payment, an order number is assigned to you. Your order is then registered. We advise you to print the order number and keep it. You can follow the steps of its processing at any time in your customer area "My Account".

The Customer will have to communicate a valid e-mail address, failing which SUBTLE will not be responsible for the consequences resulting from it. The Customer will have to take care to update his data in his Customer space.

6.2 SPECIAL TERMS OF DELIVERY

For DOM / TOM : The DOM tariff applies for the following countries: Guadeloupe, Martinique, Reunion, French Guiana and the Territorial Collectivities (Mayotte and St Pierre et Miquelon).

Please note: For deliveries to the French overseas territories (New Caledonia and its dependencies, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands), we are currently unable to make shipments weighing more than 30 kg per product.

Only one delivery method is accepted per order.

6.4 DELIVERY RATES

The delivery charges for Metropolitan France are free and therefore at the expense of SUBTLE.

For other countries, the contribution to the shipping costs includes in particular the packing and shipping costs of the carriers. The Customer is free to consult the invoice and the carrier associated with his products.

Article 7: Responsibilities

SUBTLE cannot be held responsible for the non-performance of the contract concluded in case of fortuitous event and force majeure as defined by law and jurisprudence. The choice and purchase of a product are placed under the sole responsibility of the Customer. The products offered are in conformity with the French legislation in force. The responsibility of SUBTLE could not be engaged in case of non-respect of the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product). It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order. The photos are provided for illustrative purposes only. We invite you to refer to the description of each product to know the precise characteristics of each one; and in case of doubt or if you need further information do not hesitate to contact us by e-mail at the following address contact@subtle.fr. SUBTLE is only responsible for the content of the pages it publishes. In case of professional purchases, SUBTLE will not be liable for any indirect damages, operating loss, loss of profit, loss of chance, damages or expenses, which may arise from the purchase of the products. We remind you that it is prudent to proceed to the backup of the data contained in the purchased products. The total or partial impossibility to use the products, in particular because of incompatibility of equipment, cannot give rise to any compensation or reimbursement or to SUBTLE's liability being called into question. SUBTLE is not intended to sell to professionals and consequently cannot be held liable for any damage whatsoever resulting from a professional activity. In the same way SUBTLE will not be responsible for any damage resulting from a misuse by the customer. The company SUBTLE has, for all the stages of access to the site, of the process of order, delivery, Customer service or later services, only an obligation of means. The responsibility of SUBTLE could not be engaged for all the inconveniences or damage inherent to the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with jurisprudence. Moreover, the SUBTLE company could not be held responsible in the case where the order would not succeed or if it was prevented from respecting any of its obligations for a case of force majeure in the sense of the jurisprudence, and in particular in the case of bad weather preventing the delivery of the order.

Article 8: Right of withdrawal

In accordance with the legal provisions in force, you have a period of 15 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. After communication of your decision to exercise your right of withdrawal within this 15-day period, you have another 15-day period to return the product(s) concerned by the withdrawal. The starting point of the delay is the day of receipt of the order. If this deadline normally expires on a Saturday, Sunday or a public holiday, it is extended to the first following working day. To exercise his right of retraction, the Customer may return the product(s) concerned to the following address SUBTLE Z.A. rue des Sables et prés de Gaud 26260 St. Donat-sur-l'Herbasse - FRANCE. The product must therefore be returned within a maximum of 15 days from receipt of the article, the postmark being proof of the date of receipt. In order to speed up the processing of your return, SUBTLE thanks the Customer to join to the parcel the return slip duly completed or a free paper indicating the number of the order and his will to assert his right of retraction. In case of exercise of the right of retraction within the above-mentioned deadlines, SUBTLE will refund the Customer the price of the product(s) purchased. Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be remarketed as new, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, you may be held liable. You can exercise your right of retraction by any means to SUBTLE and in particular by postal mail or an e-mail expressing your will to retract without any ambiguity, and mentioning the order concerned by this retraction.

Article 9: return and refund

9.1 TIME LIMIT FOR RETURNING AN ITEM

Independently of the above-mentioned retraction period and the case of defective products, once you have contacted SUBTLE via the contact form accessible from the bottom of the page of the site, you must return the product(s) concerned to SUBTLE within a reasonable period of time and, at the latest, within 15 days as from the reception of your order, subject to compliance with the conditions set out below.

9.2 RETURN CONDITION

Except for defective products, all returned products must be new and in their original packaging intact and without writing.

No return will be accepted and therefore no refund will be made if the returned products have been visibly damaged by the Customer and that this or these damages make the product unfit for sale.

9.3 RETURN AND REFUND PROCEDURES

Non-compliance with the SUBTLE return procedure by the Customer will not give rise to any refund.

9.3.1 IN CASE OF RETURN WITHIN 15 DAYS

In order to ensure a good reception and to speed up the processing of your return, please make sure to respect the following procedure:

1. Contact Customer Service at: contact@subtle.fr
2. Fill in your e-mail address and the reference of the order concerned
3. Indicate in your message the product(s) you wish to return and the reason for the return and click on "Send".
4. We will reply to you within 48 hours to explain the procedure to follow, it's very easy.

An automatic refund to your Bank Account will be made within a maximum of 30 days from the date of receipt at our premises. (Please note that if you have a deferred debit, the credit for this refund will only appear at the end of the month on your statement).

9.3.2 IN THE EVENT OF A DEFECTIVE PRODUCT RETURN

In order to ensure a good reception and to speed up the processing of your return, please make sure to respect the following procedure:

Contact Customer Service via the contact
2. Fill in your e-mail address and the reference of the order concerned
3. Indicate in your message the product(s) you wish to return and the reason for the return and click on "Send".
4. Carefully pack the product(s) to be returned and enclose the invoice.
5. Mail your parcel to the following address :SUBTLE Z.A. rue des Sables et prés de Gaud 26260 St. Donat-sur-l'Herbasse - FRANCE
You will be informed by e-mail that your return has been processed.

Article 10: intellectual property

All elements of the SUBTLE site, whether visual or audio, are protected by copyright, trademarks or patents. They are the exclusive property of the SUBTLE company. For this reason, and in accordance with the provisions of the Code of the intellectual property, only the use for a private use is authorized, subject to different provisions, even more restrictive of the code of the intellectual property. Any total or partial reproduction of the SUBTLE site is strictly forbidden without prior agreement.

Article 11: completeness

In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.

Article 12: Duration

The present conditions apply during all the duration of the on-line publishing of the services offered by the company SUBTLE.

Article 13: Evidence

The computerized registers, kept in the computer systems of the company SUBTLE and its partners in reasonable conditions of safety, will be considered as proofs of the communications, orders and payments intervened between the parties.

Article 14: Preservation and archiving of transactions

The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.

Article 15: Disputes

The present conditions are subject to French law. In the event of a dispute, SUBTLE and the Customer will try to resolve it amicably. In the event of failure of the transaction, only the French courts will be competent.

Article 16: subtle customer service

For any information or question, the Customer Service of SUBTLE is at the disposal of the Customer: Electronically via the contact page For any subsequent electronic correspondence, please do so with the email address you use for your Customer account. This will allow a faster processing of your request. By mail: SUBTLE - Customer service Z.A. rue des Sables and near Gaud 26260 St. Donat-sur-l'Herbasse FRANCE

Article 17: IT provisions and freedoms

SUBTLE reserves the right to collect data on the user, in particular through the use of cookies. Subject to your agreement, we may, for commercial reasons, transmit the identity and contact details of users of the services to a commercial partner. In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, data files and liberties, you have the right to access, modify, rectify and delete data concerning you. We offer you the possibility of exercising these rights by contacting us at the address indicated above. The site includes a cookie identification system for identification purposes. Cookies are files stored in a directory on your computer. These cookies have a temporary or one-year lifespan depending on the options chosen. You can disable cookies by configuring your browser. The nominative information and personal data concerning you are necessary for the management of your order and our commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer you and the information we send you.
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