General Terms and Conditions of Sale
1. PURPOSEThe micro-enterprise Vincent Demeaux, located at 45 rue Boinod, 75018 Paris – France, registered with the Paris Trade Register under code 4771Z, SIRET number 441938289 00010, representing the underwear brand SABORDS, a trademark and patent of invention filed by Vincent Demeaux.
These General Terms and Conditions of Sale aim to define the rights and obligations of SABORDS and the Client regarding products presented by SABORDS on its website www.sabords.fr.
The Client is defined as a natural person consumer making a purchase on the website www.sabords.fr for personal use. These General Terms and Conditions of Sale (hereinafter “GTCS”) shall govern all contracts concluded via the SABORDS online sales website.If any sales condition is missing, it shall be governed by the practices in force in the distance selling sector for companies headquartered in France.Important: Any order placed on the site implies the Client’s full and unconditional acceptance of these General Terms and Conditions of Sale.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the SABORDS website and accompanied by a description, particularly of their use, taking into account the patented innovation. The Client is invited to review the essential characteristics of use, as well as the composition, care instructions, price, size, availability, etc., in accordance with Article L 111-1 of the French Consumer Code.SABORDS shall not be held liable for any claims arising from the Client’s ignorance of the product’s functionality and intended use.2.2. The Products offered by SABORDS comply with the standards applicable in France.Elements such as photographs, texts, graphics, and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Client acknowledges.
3. CLIENT OBLIGATIONS
3.1. The Client declares that they are at least 18 years old and have the legal capacity, or hold parental authorization, allowing them to place an order on the Site.
3.2. The Client undertakes to provide SABORDS with accurate and necessary information to fulfill the service covered by these terms, as requested online and according to their situation, including surname, first name, address, telephone number, and a valid email address.3.3. Once the order has been placed, SABORDS sends the Client a confirmation email. It informs the Client of the shipment of the products.
3.4. The Client may modify their data in the “My Account” section
4. ORDER
4.1. Any order will only be validated after payment has been accepted.
4.2. SABORDS reserves the right to cancel or refuse any order in the event of a dispute with the Client regarding a previous order.4.3. SABORDS may accept orders within the limit of available stocks. It informs the Client of the availability of the Products sold on the Site at the time of order confirmation.If, despite SABORDS’ vigilance, the products are unavailable, SABORDS will inform the Client by email as soon as possible. The Client may then cancel the order and obtain a refund, where applicable, of any amounts already paid.Permanent or temporary unavailability shall in no case engage the liability of SABORDS, nor shall it give rise to any right to compensation or damages in favor of the Client.
5. PRICE
5.1. Prices are indicated in Euros, VAT not applicable pursuant to Article 293 B of the French General Tax Code (CGI).Prices are shown excluding delivery costs, which are billed in addition to the price of the purchased Products.SABORDS reserves the right to change the prices of the items offered on the Site at any time and without prior notice. In the event of a price change, the applicable price will be the one in force on the day the order is placed.Shipping costs, order processing fees, and packaging costs will be indicated in the Client’s shopping cart before final validation of the order.Prices may be modified at any time, without notice, particularly in the event of changes in tax or economic data. Items will be invoiced on the basis of the rates in force at the time the order is recorded.6. DELIVERY
6.1 Delivery TermsThe Client chooses a delivery address located in Metropolitan France, in the European Union, or in any other country upon simple request. The Client is solely responsible for any delivery failure due to incomplete or incorrect information provided when placing the order.The Client may choose from different delivery methods. These methods vary depending on the amount of the order and the delivery address.Several delivery methods are currently available:
- Colissimo (La Poste)
- Delivery to a relay point (“my local merchant”) or post office
6.2 Delivery TimesThe delivery time is indicated during the ordering process and is given for information purposes only.Any change of delivery address made by the Client after the order has been recorded may result in an extension of the delivery time.It is also specified that a delivery delay cannot give rise to penalties.7. PAYMENTFull payment must be made at the time of the order.At no time may the sums paid be considered as deposits or down payments. The Client pays for the order by credit card (Visa, Eurocard/Mastercard), via PayPal account, by cheque, or by bank transfer, in accordance with the provisions of this article.For any transaction, the Client must provide the card number on the front, the expiry date, and the cryptogram on the back (last three digits).
The Client’s communication of their bank card number constitutes authorization for SABORDS to debit their account for the amount of the order.No cash-on-delivery shipments will be accepted, for any reason.SABORDS retains ownership of the item until full payment of the price by the Client. Purchases are made securely. The payment solutions adopted by SABORDS are 100% secure. For credit card payments (Carte Bleue, Visa, e-Carte Bleue), all information provided by Clients to SABORDS is strictly protected and guarantees the compliance and security of each transaction.
8. EXCHANGES AND RETURNS OF PRODUCT(S)RIGHT OF WITHDRAWALRefund applies only to single-product sales. The right of withdrawal involving a refund does not apply to bundles of multiple products.In the event of withdrawal, SABORDS will reimburse the buyer for all payments received, including delivery costs, no later than fifteen (15) days from the day of receipt of the purchase.Sabords will make the refund using the same means of payment used by the consumer, unless they expressly agree on a different means. The refund is free of charge for the consumer.SABORDS reserves the right to defer the refund until it has received the returned product.The consumer must return or restitute the goods to SABORDS without delay and, in any event, no later than fifteen (15) days, which corresponds to the time allowed for trying the product. The product may have been worn or washed.SABORDS covers the return costs if the consumer uses the return label provided for returns within French territory. In all other cases, return costs are borne by the consumer.Within fifteen (15) days of receipt of the order, the Client may request from SABORDS the return or exchange of the Product(s).
The product may have been worn and washed.To do so, the Client must use the return form received with the order, which contains all the instructions for the exchange or refund of the Product(s).
The Product must be returned in its original packaging or equivalent, accompanied by the return slip, to the following address:SABORDS / Vincent Demeaux
45 rue Boinod 75018 ParisIf the Client fails to comply with these conditions, particularly the return or exchange conditions, SABORDS will not be able to refund the Products concerned.
45 rue Boinod 75018 ParisIf the Client fails to comply with these conditions, particularly the return or exchange conditions, SABORDS will not be able to refund the Products concerned.
9. LIABILITY SABORDS has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. The liability of SABORDS / Vincent Demeaux cannot be engaged for any inconvenience or damage inherent to the use of the Internet, particularly a service interruption, external intrusion, or the presence of computer viruses, or any event of force majeure, in accordance with the law and case law.
10. INTELLECTUAL PROPERTYUnder no circumstances is the Client authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).This Site or any part of this Site must not under any circumstances be reproduced, copied, sold, or exploited for commercial reasons without the express written permission of SABORDS / Vincent Demeaux.In general, all copyrights, trademarks, and other distinctive signs and property rights or intellectual property rights appearing on the Site shall remain the full and entire property of SABORDS / Vincent Demeaux.The Client is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the products, where applicable, or file a trademark that would prejudice the rights holder, unless otherwise provided contractually.The same applies to any other intellectual property right.
11. WARRANTIESSABORDS / Vincent Demeaux undertakes to use the Clients’ confidential information only within the framework of the operation of its Site.For the proper execution of the order, the personal data collected will be subject to computer processing; the Client acknowledges being aware of this.As such, information concerning the Client may be communicated to SABORDS / Vincent Demeaux technical service providers.Furthermore, SABORDS / Vincent Demeaux may use technical means to obtain non-personal information about Internet users for the purpose of improving site functionalities, for example by tracking the number of visitors to certain pages.In accordance with the law of 6 January 1978 as amended by the law of 6 August 2004, the Client has a right of access to and rectification of personal data concerning them held in SABORDS’ files. Any request must be sent by email to: contact@sabords.fr or by post to the following address: SABORDS / Vincent Demeaux, 45 rue Boinod, 75018 Paris.
12. FORCE MAJEUREIn the event of a force majeure event, the affected party must inform the other within fifteen (15) days of the occurrence of the event, by registered letter with acknowledgment of receipt.The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by French courts: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of transport or supply means for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer breakdown, blockage of telecommunications (including wired or Hertzian networks), and any other case beyond the control of the parties that prevents the normal performance of the contractual relationship.All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.If the force majeure event lasts longer than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial Invalidity of a ClauseIf any provision of these terms is declared null or unenforceable by a competent court, it shall be deemed unwritten and shall not entail the nullity of the other provisions.
13.2. UpdatesThese General Terms and Conditions may be modified at any time and without notice by SABORDS / Vincent Demeaux. The applicable conditions are those in force on the date of the Client’s order.These General Terms and Conditions of Sale are permanently accessible at the following address: https://sabords.fr/cgv.pdf in a computer format allowing them to be printed and/or downloaded, so that the Client may reproduce or save them.
13.3. Applicable Law – Competent CourtThese General Terms and Conditions are subject to French law with regard to both substantive and formal rules. Any dispute must first be subject to an attempt at amicable settlement.In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or third-party claims.13.4. Reproduction of Applicable Texts (Ordinance 2005-136 of 17 February 2005, Consumer Code, Civil Code)Art. L. 211-4 of the Consumer Code
The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made its responsibility under the contract or carried out under its responsibility.Art. L. 211-5 of the Consumer Code
To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
The action resulting from a lack of conformity is time-barred after two years from the date of delivery of the goods.Art. 1641 of the Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the Client would not have purchased it, or would have given only a lesser price, had they known of them.Art. 1648 paragraph 1 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.You can contact SABORDS / Vincent Demeaux
by email: v.demeaux@orange.fr
The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made its responsibility under the contract or carried out under its responsibility.Art. L. 211-5 of the Consumer Code
To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities presented by the seller to the Client in the form of a sample or model;
- present the qualities that a Client may legitimately expect given the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the Client, brought to the attention of the seller and which the latter has accepted.
The action resulting from a lack of conformity is time-barred after two years from the date of delivery of the goods.Art. 1641 of the Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the Client would not have purchased it, or would have given only a lesser price, had they known of them.Art. 1648 paragraph 1 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.You can contact SABORDS / Vincent Demeaux
by email: v.demeaux@orange.fr
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.