General terms & conditions of sale and use

GENERAL TERMS AND CONDITIONS OF SALE OF SATINY®

ARTICLE 1 - PURPOSE - SCOPE 

The present general terms and conditions of sale contain the terms and conditions of use of the website www.satinyparis.com (hereinafter "the Site") as well as the general terms and conditions of sale of the products sold by Satiny® (hereinafter "the Products") to the Customer via the Site (hereinafter "the Conditions").

Prior to using the Site, the Customer is required to read these Terms carefully. By using the Site or by placing an order on it, the Customer agrees, unless he/she can prove otherwise, to be bound by these Conditions.

The present general conditions are applicable to all contractual relations between

Satiny® and its customers, hereinafter referred to as "the Customers" or "the Customer".


ARTICLE 2 - TRADE NAME - CONTACT DETAILS 

The Products are sold under the trade name "Satiny®", whose registered office is located in Brussels, 1410 Belgium, registered with the Crossroads Bank of Enterprises under the number BExxxxxxxxx.

The Customer may contact Satiny® either at the above address or at the following e-mail address: contact@satiny.shop

Satiny® does not have a telephone call service.

 

ARTICLE 3 - ACCESS TO THE SITE - REGISTRATION

Access to the home page of the Site and its contents is free without the prior creation of an account being required. The placing of an order for Products on the Site can be done either by creating an account on the Site or as a guest, without the need to create an account.

The creation of an account on the Site as a Customer implies that you have previously read and accepted these Conditions without reservation.

The Conditions contain the conditions of use of the Site and of the sale of Products by Satiny® . Before validating the creation of his/her account, the Customer will be asked to confirm that he/she has indeed read and accepted them, unless he/she can prove otherwise.

Satiny® may, at any time, modify and adapt the present Conditions in order to

a) bring them into line with the legislative or regulatory provisions in force or in the process of being adopted, to which it is subject;

b) bring them into line with any decision handed down by a court or arbitration tribunal, or issued by any other competent authority, the decisions of which are binding on it

c) to correct any material error.

The applicable Conditions shall be those in force at the time of use of the Site or conclusion of the Contract.

Without prejudice to the applicable legislative and regulatory rules, Satiny® shall notify any modification and/or adaptation of the Conditions, or of any other rule relating to the use of the Site, by means of a message sent to Customers via the Site, no later than fifteen days before the modification or adaptation in question comes into force.

This notification shall be coupled, in the event that the adaptation or modification that Satiny® intends to make entails a substantial change in the obligations of the Customers or has a significant impact on the operating methods of the Site, with an e-mail sent to the Customers at the e-mail address provided at the time of their registration.

Any Customer who does not wish to agree to the modifications made is free to request the deletion of his or her account on the Site by sending a request to this end to the address contact@satiny.shop

 

ARTICLE 4 - OBLIGATIONS DE L'UTILISATEUR/C L'OBLIGATION DU CLIENT

All Customers and users of the Site undertake to:

to be of age or a minor with parental authorisation
when creating an account on the Site, to provide accurate information;
to create and maintain only one account on the Site;
not to use the Site and/or his/her account on the Site in a fraudulent manner or for fraudulent purposes;
to comply with the applicable laws and regulations.
All Clients and users undertake to communicate and use data that is :

accurate, i.e. not misleading or erroneous ;
which are not contrary to public order or morality;
do not contain viruses, programs or computer files that could (i) disrupt the normal operation of the Site, (ii) cause damage to the computer equipment of Satiny®, other Customers and Internet users in general and consequently cause damage to these persons;
do not offer links to other websites or applications that provide services similar to those offered by Satiny®.
Customers shall ensure the confidentiality of their login and password. They shall keep their account information up to date at all times.

 

ARTICLE 5 - RESTRICTION OF ACCESS TO THE SITE

Satiny® reserves the right to deny access to all or part of the Site to any Internet user or Customer who, without this list being exhaustive

  • contravenes these Conditions;
  • undermine in any way the reputation of the Site or of Satiny®;
  • infringe the intellectual rights of third parties or of Satiny® ;
  • use the Site for illicit, offensive, racist, indecent, threatening or fraudulent purposes.

Satiny® also reserves the right to take legal action against these same persons and to claim compensation for any damage caused to it on this occasion.

ARTICLE 6 - AVAILABILITY OF PRODUCTS 

All orders for Products are subject to their availability.

If the Products are no longer in stock after the Customer has placed the order, Satiny® will inform the Customer as soon as possible and, if a payment has already been made, Satiny® will reimburse the Customer for this payment using the same method of payment as that used by the Customer to make the payment.

ARTICLE 7 - PRICES - PAYMENT

The prices are given in euros, including VAT but excluding any customs duties, which are to be paid by the Customer. In this respect, the Customer is required to enquire about the possible application of customs duties.

The prices are those indicated on the Site in the description of each Product, except in the event of an obvious error.

If Satiny® detects an error in the price of the Product(s) ordered, it shall inform the Customer as soon as possible and shall offer to confirm the order at the correct price, or to cancel it. If Satiny® is unable to obtain a response from the Customer on the alternative proposed to him/her within eight calendar days, it shall cancel the order and refund the amount paid.

The prices do not include delivery costs. These are referred to in Article 9.

The payment methods offered on the Site are those set up by the MultiSafePay platform (Visa, MasterCard, Maestro, American Express, Bancontact/MrCash, iDeal, PayPal, etc.).

 

ARTICLE 8 - PLACING AN ORDER

To place an order for Products sold by Satiny® on the Site, the Customer must log on to the Site, select the Products he/she wishes to purchase and place them in his/her shopping cart.

The Customer may then either log in to his/her account or log in as a guest in order to place the order.

The total amount of the order including all taxes plus delivery costs is shown in an order summary and the Customer is then invited to confirm his willingness to pay for the order in accordance with the means set up for this purpose and referred to in article 7. The Customer must also accept the Conditions.

Once the payment has been made, the Customer receives confirmation of his order by e-mail with a copy of these Conditions.

ARTICLE 9 - DELIVERY 

After confirmation of the order by the Customer and subject to full payment of the price and delivery charges, Satiny® will prepare the order.

Delivery will be made within a maximum of two working days from the date of placing the order to the delivery address indicated in the order.

The Customer's attention is drawn to the fact that a temporary surplus of orders to be processed may result in a slight delay in delivery.

Satiny® offers several modes of delivery, at the rates applicable at the time the Contract is concluded. These delivery methods are as follows: home delivery, relay point delivery and collection from Satiny®'s physical shop. The delivery methods and their respective rates are accessible on the link in the footer of the Site entitled "shipping and delivery policy".

Without prejudice to the provisions relating to the availability of the Products, Satiny® shall make every effort to execute the order placed by the Customer within the period indicated above and, in any event, within a maximum period of thirty days from the date of order confirmation.

If Satiny® is unable to meet the delivery date for any reason whatsoever, it shall inform the Customer as soon as possible and shall propose either to continue the execution of the Contract with a new delivery date, or to terminate the Contract and refund the amounts paid by the Customer.

Satiny® shall pack the Products ordered with the utmost care. The Customer is invited to ensure, upon delivery, that the order is intact and complete in the presence of the person making the delivery, in order to express a reservation if necessary. In the event that the Customer has any doubts about the intactness and completeness of the order, he/she is obliged to refuse delivery of the order and to hand over the order thus refused to the carrier in its original packaging.

Delivery" shall be deemed to have been made, or the order shall be deemed to have been "delivered", at the moment when the Customer or a third party designated by him is in physical possession of the Products, which shall be materialised by the signing of the acknowledgement of receipt of the order at the agreed delivery address.

Download the withdrawal form

ARTICLE 10 - RETENTION OF TITLE

The Products sold remain the property of Satiny® until full payment of the price and delivery charges.

ARTICLE 11 - TRANSFER OF RISK  

The risks associated with the Products are transferred to the Customer at the time when the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the Products.

ARTICLE 12 - RIGHT OF WITHDRAWAL 

Legal right of withdrawal
The Customer has the right to withdraw from the Contract concluded without giving any reason within a period of fourteen days.

The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product sold.

To exercise the right of withdrawal, the Customer must notify Satiny® of his decision to withdraw from the Contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) or use the model withdrawal form provided in the appendix to these Conditions or accessible via this link (insert link to withdrawal form) .

In order for the withdrawal period to be respected, it is sufficient for the Customer to send Satiny® his communication concerning the exercise of the right of withdrawal before the expiry of the fourteen-day withdrawal period.

Effects of withdrawal
In the event of withdrawal, Satiny® shall reimburse all payments received from the Customer (with the exception of additional delivery costs arising from the fact that the Customer has chosen, where applicable, a method of delivery other than the less costly standard delivery method proposed) without undue delay and, in any event, no later than fourteen days from the day on which it was informed of the Customer's decision to withdraw. Satiny® shall proceed with the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed otherwise. In any event, this refund shall not incur any costs for the Customer.

Satiny® reserves the right to defer reimbursement until it receives the Product(s).

The Customer must return the Product(s) to Satiny® at the address mentioned in article 2 or go to the Satiny® physical shop, without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw. This period is deemed to have been respected if the Product is returned before the expiry of the fourteen-day period.

The direct costs of returning the Product are to be borne by the Customer.

Returns are possible by using a secure method of transport, by following the return instructions inserted in the package, and by using the return labels to be printed out available on the Site once the Customer has requested the return.

The Customer will not be entitled to any refund if the Product delivered has been used, if it is not in the same condition as at the time of delivery (in the original packaging, with the security label string intact) or if it has been damaged. However, the Customer shall be entitled to a refund if the depreciation of the Products is the result of handling necessary to ensure the nature, quality and functioning of the Products.

In order to be entitled to a refund, the Customer must return the Products in their original packaging, enclosing any documents, if applicable, accompanying the Products and, imperatively, the order summary attached at the time of delivery and the returns document.

The return of Products does not allow for an exchange against one or more other Product(s). In this case, the Customer must place a new order on the Site.

Exception to the right of withdrawal
As an exception, the Customer does not have the right of withdrawal in the event that the Contract relates to goods made to his/her specifications or clearly personalised.

ARTICLE 13 - GUARANTEE OF CONSUMER GOODS

In accordance with articles 1649bis to 1649octies of the Civil Code, Satiny® shall be liable for any lack of conformity that exists at the time of delivery of the Product and that appears within a period of two years as from the latter.

However, the defect shall be deemed to be non-existent if, at the time of conclusion of the contract, the Customer was aware of the lack of conformity or could not reasonably have been unaware of it, or if the lack of conformity is attributable to him.

It is agreed that the Customer must notify Satiny® of any lack of conformity, in writing, within a maximum period of two months from the day on which it noticed the defect. Failure to comply with this obligation shall result in the loss of the Customer's rights for lack of conformity.

ARTICLE 14 - LIABILITY

Management and use of the Site

Satiny® shall endeavour to make its Site accessible to Customers and, more generally, to Internet users, in a continuous and uninterrupted manner. However, Satiny® reserves the right, at any time and without prior notice, to interrupt access to the Site, in particular for technical reasons, and to suspend its services.

Except in the case of fraud or gross negligence on its part, or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, Satiny® may not be held liable for any possible harmful consequences whatsoever (for example, loss of opportunity, loss of time, loss of earnings, etc.) that may result from these interruptions.

Except in the case of fraud, gross negligence or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, Satiny® declines all responsibility in the event of error, omission or inaccuracy of the information provided on the Site. Furthermore, in the event that the Site contains hypertext links to content originating from third parties, Satiny® cannot guarantee the quality or accuracy of this content and cannot be considered as approving this content.

Satiny® is not responsible for the management by Customers of their login and password, nor for the management of their account.

Limitation of liability
Satiny® shall not be held liable, except in the case of fraud, gross negligence or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract.

In the event that Satiny®'s liability is incurred notwithstanding the aforementioned assumptions of limitation and exoneration of liability, it shall be limited, in any event, to the amount of the price of the Product(s) sold.

Notwithstanding the foregoing, Satiny®'s liability shall not be subject to any exclusion or limitation in the following cases: (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) in all cases where a limitation of its liability would be illegal or abusive.

ARTICLE 15 - FORCE MAJEURE - REVIEW

Satiny® shall not be liable for the non-performance or delay in performance of any of its obligations when such non-performance is due to a case of force majeure in the sense in which this notion is understood by the European courts and tribunals.

For the application of the present clause, the following are considered to be cases of force majeure or fortuitous events and constitute causes of suspension or extinction of Satiny®'s obligations fires, natural disasters and exceptional climatic events, labour disputes at its subcontractors and suppliers, exceptional difficulties and impossibilities in using means and channels of transport, orders or commands from European or foreign public authorities, changes in European or foreign regulations accidents affecting the production and storage of products, total or partial stoppage of supplies, carrier failure, epidemics and pandemics, machine breakdown, war, acts of third parties or any external event of a nature to delay or prevent the execution of the commitments made...

In the event of force majeure, Satiny®'s contractual obligations shall be suspended for the duration of the force majeure and its performance deadlines shall, where appropriate, be extended by a period equivalent to the duration of the force majeure. If the case of force majeure results in the definitive impossibility of Satiny® performing its contractual obligations, Satiny® shall be released from them. Satiny® shall notify the Customer of this by e-mail.

Furthermore, if, due to circumstances beyond its control, Satiny® finds the performance of its obligations impossible or simply more onerous or difficult, Satiny® and the Customer undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions with a view to restoring the contractual balance within 30 calendar days of Satiny® notifying the Customer of these circumstances. If no agreement is reached within the aforementioned period, either party shall have the right to unilaterally terminate the contract without compensation of any kind.

ARTICLE 16 - INTELLECTUAL PROPERTY RIGHTS

The entire content of the Site, including in particular graphics, logos, buttons, images, HTML code, databases and icons - with the exception of advertisements and proper names - is the intellectual property of Satiny® and is protected.

Satiny® may prohibit the extraction and/or reuse of all or a substantial part of the content of this Site in terms of quality or quantity.

Some of the names, distinctive signs and logos appearing on the Site are registered trademarks or trade names belonging to Satiny® or to third parties. Any copy, translation, adaptation, modification or use whatsoever of all or any of the protected elements of the Site, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written consent of Satiny®. Any request on this subject may be addressed to contact@satinyparis.com

All Internet users and Customers undertake to respect these intellectual property rights and not to copy, reproduce, extract, exploit or alter, in any form whatsoever and by any means whatsoever, the information contained on the Site, including these Conditions. In the absence of prior written consent, Satiny® does not grant any license in this respect.

ARTICLE 17 - COMMUNICATIONS 

Any communication to be made to the Customer shall be deemed to be properly made if it is made to the e-mail or postal address indicated by the Customer at the time of conclusion of the Contract. 

ARTICLE 18 - PROTECTION OF PERSONAL DATA

The complete Satiny® Privacy Policy (including details of the data processed, the purposes of the processing and its legal basis) is available by clicking on the following link: (insert link to privacy policy).

ARTICLE 19 - WAIVER 

No waiver on the part of Satiny® of any of its rights may be inferred other than from an express, certain and written expression to that effect.

ARTICLE 20 - INVALIDITY 

The invalidity of any provision of these Terms shall be limited to the invalid provision and shall not affect the rest of these Terms.

ARTICLE 21 - APPLICABLE LAW

The use of the Site and any Agreement entered into through the Site are governed by European law.

ARTICLE 22 - ONLINE SETTLEMENT OF CONSUMER DISPUTES

In accordance with Article 14 of the European Regulation 524/2013 of 21 May 2013 on the online settlement of consumer disputes, Satiny® hereby provides the link to the online dispute resolution (ODR) platform: www.ec.europa.eu/consumer/odr. (also to be inserted on the website as this is what the article requires)

http://ec.europa.eu/odr

ARTICLE 23 - COMPETENT COURTS

Any dispute relating, directly or indirectly, to the use of the Site, to the conclusion, to the execution, or to the interpretation of the Agreements concluded through the Site will be under the jurisdiction of the courts of Liège (Belgium), Liège Division, without prejudice to the application of article 624, 1°, 2° and 4° of the judicial code.

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