Conditions générales de vente
1. Identification of the vendor
Sobe Masa Group LLC 15807 BISCAYNE BLVD, SUITE 101, NORTH MIAMI BEACH, FL, 33160 USA part of Beweird, SAS, capital social : 1000 €, enregistrée au RCS de PARIS en France le 03/07/2019, sous le numéro Paris B 852 106 624, siège social : 128 Rue la Boétie, 75008 Paris, FR, téléphone : +33661069431, email : soraya@beweird.fr, n° de TVA intracommunautaire : FR23852106624
2. Scope and acceptance of the General Terms of Sale
The purchase of Products offered on the website www.sobemasa.com (hereafter the “Website”) is subject to these general terms of online sale (hereafter the “GTS”).
Sobé Mäsa Studio products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
Sobé Mäsa Studio can update these GTS at any time.
The Customer can familiarise himself at any time with the version of the GTS then in force by clicking on the link https://www.sobemasa.com/policies/terms-of-sale. The applicable GTS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.
Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable GTS on the date of placing his/her/its /her/its order. Said GTS can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the Customer must check the box “I have read and hereby accept the General Terms of Sale of the jacquemus.com website”..
3. Terms of the Order
Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the Website.
* Order process
The Customer who wants to place an order must comply with the following procedure:
1. Product choice: the Customer must select the Product that he/she/it would like to order.
2. Checking of the content of the Customer’s selection: the Customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete the Products he/she/it has selected.
3. Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery).
4. Checking of the Customer’s order: the Customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its /her/its method of delivery and payment. The Customer must confirm his/her/its /her/its acceptance of these GTS by checking the corresponding box. The validation of the order is only possible after having checked this box. From this step, the Customer cannot anymore modify and/or cancel its order
5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its /her/its order, namely:
- His/her/its delivery and invoicing addresses
- The order number
- The date of the order
- The list of Products ordered and their amounts
- The method of delivery (Client’s address or “point relay”)
The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by JACQUEMUS which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale..
6. Confirmation of shipping of the order: the Customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent..
* Tracking of the order
A carrier tracking number is provided to the Customer when his/her/its order has been confirmed.
If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier e.g.: UPS, at the address www.ups.com, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.
4. Product availability
The offers of Products and prices of Sobé Mäsa Studio are valid while they are visible on the Website, and subject to stocks availability.
Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.
In the event the Product is found unavailable after placing the order, JACQUEMUS shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.
Sobé Mäsa Studio reserves the right to change at any time and without prior notice the Products offered on the Website.
To ensure a better quality of service and availability of its Products with all of its online Customers, Sobé Mäsa Studio reserves the right to limit the quantity of Products that can be bought by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L.121-11 of the French Consumer Code.
Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, Sobé Mäsa Studio cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.
Sobé Mäsa Studio reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if Sobé Mäsa Studio reasonably considers that this Customer has infringed these GTS or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.
5. Price
The Prices of Products are expressed in Euros with also the possibility to pay in the following currencies Dollar US, Pounds Sterling, Dollar Canadian, Dollar Australian, Yuan, Yen, Won, Rouble Russian (on the basis of a daily conversion via the converter used for the Website) inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, Sobé Mäsa Studio shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union)..
Sobé Mäsa Studio reserves the right to change at any time and without prior notice the prices of Products offered on the Website..
Les Produits sont facturés sur la base des tarifs affichés sur le Site au moment de la passation de la commande, sous réserve de disponibilité des Produits commandés à cet instant.
All the orders are payable in Euros and must be settled immediately upon placing the order with the exception of the occasional “0-interest financing with 3 instalments” offers, duly announced and made available solely for orders exceeding €100.00 paid by Belgian or French credit card and to be delivered to these territories, and which shall consist in three monthly payments as of the first payment.
In the event of unavailability of certain Products ordered (see Article 4 “Product availability”), only the price and shipping costs related to the available Products shall be debited.
*Means of Payment
By credit card (Visa, CB, Mastercard, American Express): The payment is made on the secure website of JACQUEMUS’s approved banking and credit institution.
By payment apps: via Paypal, Alipay, Apple pay (mobile) and Android pay (mobile).
This means that no banking information regarding the Customer transits via the www.sobemasa.com.
Payment is therefore secure by the partners in charge of managing financial transaction.
The order will then be recorded and validated on acceptance of the payment by the banking service.
6. Reservation of Ownership
LThe ordered Products remain the property of Sobé Mäsa Studio until receipt of full payment of the price by Sobé Mäsa Studio. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.
7. Terms and conditions of delivery
Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
Sobé Mäsa Studio cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter. In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to Sobé Mäsa Studio by e-mail to the address contact@sobemasa.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: JACQUEMUS – LA BOUTIQUE - 69 rue de Monceaux - 75008 Paris/FRANCE.
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, Sobé Mäsa Studio cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, Sobé Mäsa Studio shall be entitled to request that the Customer pay the corresponding fees for this second delivery.
In the event that it is impossible to deliver and if the product must be returned to Sobé Mäsa Studio by the carrier, Sobé Mäsa Studio will not make any new delivery.
Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to Sobé Mäsa Studio, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at contact@sobemasa.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.
8. Right of withdrawal
Pursuant to Articles L. 221-18 et seq. of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.
For any return, the Customer shall i) use the return form enclosed in the delivery packing or ii) contact the customer service via e-mail contact@sobemasa.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.
Sobé Mäsa Studio cannot be held responsible in the event of loss, theft or damage of the parcel.
Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.
Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to Sobé Mäsa Studio.
On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.
In the event the Customer makes a valid use of this right by the Customer, Sobé Mäsa Studio shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.
Sobé Mäsa Studio undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.
9. Limitation of liability
In no event may Sobé Mäsa Studio be held liable for any damage which does not result from a failure by Sobé Mäsa Studio to honour one of its obligations.
10. Personal data
When the Customer registers on the www.sobemasa.com Sobé Mäsa Studio collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of Sobé Mäsa Studio. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
The order process on the www.sobemasa.com Website requires the creation of a Customer account in which his/her/its information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for Sobé Mäsa Studio exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679, general regulation on data protection.
In this respect Sobé Mäsa Studio notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of Sobé Mäsa Studio.
The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to Sobé Mäsa Studio.
Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by Sobé Mäsa Studio and/or its partners for marketing purposes like the sending of newsletters or requests.
The Website uses cookies in order to best satisfy and customise the Customer’s requirements. The purpose of the cookie is to indicate that you have visited the Website.
The personal data management policy of Sobé Mäsa Studio can be accessed on the Website.
11. Force majeure
"Force majeure" means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
In the situation where Sobé Mäsa Studio is prevented or delayed by a force majeure case in honouring its commitments, Sobé Mäsa Studio undertakes to inform the Customer within 96 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. Sobé Mäsa Studio shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, Sobé Mäsa Studio may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that Sobé Mäsa Studio shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.
14. Governing law – Disputes
These GTS shall be governed and interpreted in accordance with French law. The language of this contract is French.
In the event of a dispute the French courts shall have sole jurisdiction. However, in accordance with Regulation CE 593/2008 of the 17 June 2008, these GTS do not prevent the application of a more favourable mandatory non-waivable provisions to the Customer, and as may applicable based on the Customer’s normal place of residence.
In the event of a dispute arising in connection with the performance and/or the interpretation of these GTS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure. Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and to the application decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation through the CMAP - Paris Centre of Mediation and Arbitration. In order to bring a complaint before the mediator, the Customer may (i) fill in the form on the CMAP website www.cmap.fr , tab “you are: a consumer”, (ii) send his/her/its request by first class mail or registered letter to: CMAP - Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to consommation@cmap.fr. Irrespective of the means used to contact CMAP, the Customer’s request must contain the following elements in order to be processed rapidly: his/her/its postal address, e-mail address and telephone number, as well as the full name and address of Sobé Mäsa Studio, a clear statement of the facts, and proof of previous steps taken with Sobé Mäsa Studio.
Notwithstanding the foregoing, in the case of a dispute, in accordance with Regulation No. 1215/2012 of 12 December 2012:
- The Customer may bring the matter before the competent court of his/her/its domicile or the French courts,
- Sobé Mäsa Studio may bring the matter before the court of the Customer’s domicile.