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General conditions

PREAMBLE



The general conditions of sale detailed below (hereinafter called “Terms and Conditions” govern to the exclusion of all other terms the contractual relations between any client of the VANESSASEWARD.com website (hereinafter called a "Client" or "You") and the merchant, vanessa-seward.com belonging to SEWARD SAS with registered capital of 600 000 euros, whose registered office is situated at 39 rue Madame, 75006 Paris, entry No. 805 503 464 in the Paris Trade and Corporate Register (hereinafter called "VANESSA SEWARD”). These Terms and Conditions of sale shall be solely applicable, and they supersede all other conditions, except as otherwise exceptionally provided beforehand, expressly and in writing.

VANESSA SEWARD may need to amend without notice certain provisions of its Terms and Conditions, and accordingly, these conditions must be re-read beforehand whenever placing an order on the www.vanessaseward.com website (hereinafter called the "Website").

The Terms and Conditions are accessible at all times on the Website and prevail, if necessary, over any other version or contradictory document.

Such amendments shall be binding upon their being put on-line and shall not apply to contracts concluded previously. Each purchase at the Website is governed by the Terms and Conditions applicable at the date the order is placed.

The Client declares having read the Terms and Conditions and having accepted them. By accessing the Website, You undertake to abide by these Terms and Conditions of Use herein.

VANESSA SEWARD uses the Website to offer for sale textile products and accessories manufactured by and/or for VANESSA SEWARD or its commercial partners if any (hereinafter called the "Products") to Clients browsing the Website. The main characteristics of the Products are presented on the Website.

It is hereby stated that the purchase of Products on the website is reserved to non-professional persons aged 18 years or over and enjoying full legal capacity.

The Website does not allow the purchase of Products for resale. In this respect, the Client’s attention is especially drawn to the fact that his/her orders must not exceed twenty (20) products per order. VANESSA SEWARD may also, at its discretion, reject any order that is abnormal in character. Any order of a Product offered for sale on the Website implies the Client’s full and unreserved acceptance of these General Conditions of Sale.

The VANESSASEWARD.com website  is hosted by the Oxalide:
OXALIDE SASU - https://www.oxalide.com/ - a devops and cloud company
25 boulevard de Strasbourg 75010 PARIS
+33 (0)1 75 77 16 50


Placing an order

To place an order VANESSA SEWARD makes the following facilities available to you:
- The Website: www.vanessa-seward. 24 hours a day, 7 days a week
- The ordering process takes place in three (3) consecutive stages.

Once you have specified your Products (choosing size, colour scheme and quantity), and submitted your order, you must perform the following:
- Create Your account or identify Yourself if Your account already exists.
- Accept the Terms and Conditions of Sale by ticking the box for this purpose on the page summarising Your order (entitled "Summary")
- Choose Your payment method.

Once you have chosen your payment method, You must make the payment for your order, thereby rendering firm and final the sale contract binding You to VANESSA SEWARD.

It is up to the Client to verify the accuracy of the his/her order and make any error known immediately.

A creation of an account automatically activates a subscription to the VANESSA SEWARD newsletter.
To unsubscribe, click on "Newsletter" and select the appropriate choice.


Product information

VANESSA SEWARD takes the utmost care in placing information on-line concerning the basic characteristics of the Products, particularly using detailed data sheets and numerous photographs illustrating the Products, in compliance with the highest market standards.

Only Products appearing on the Website at the date of the Customer's order are offered for sale.

The product and price offers shall be valid, subject to availability of stock, for as long as they appear on the website.

The photographs reproduced and illustrating the products presented are not contractually binding.


Prices

The prices charged are those displayed on the Website and the time of ordering.

Sale prices are indicated in euros, depending on delivery country and excluding delivery costs. Prices are VAT inclusive for countries in the European Union and VAT exclusive for countries outside of the European Union.

The Value-Added Tax is the tax applicable on French territory.

The Client shall be reminded of the fixed sum charged as a contribution to delivery costs, which shall be charged to him/her at the end of the order on the order summary page, in addition to the price of the products selected.

Availability


The Products available for sale are those listed on the Website; offers shall be valid for as long as they appear on the Website.

Secure payment

VANESSA SEWARD makes the following payment methods available to you:
- payment by bank card (Carte Bleue, Visa or MasterCard)
- payment by American Express card
- payment by Paypal

The amount of Your order is debited when the order is confirmed, provided authorization to debit your account has first been received from the relevant payment centers, otherwise your order cannot be registered.

The bank's authorization server is secured by S.S.L. (Secure Socket Layer) encryption to provide optimum protection for all means-of-payment data, and at no time is any Client banking data routed through VANESSA SEWARD’s computer system.

Under our commitment to payment security, we wish to inform you that VANESSA SEWARD performs a reliability check on the information entered when registering an order.
This step is an integral part of our determination to curb Internet payment fraud and thus protect all consumers.

Accordingly, VANESSA SEWARD customer care may require of You in certain cases to furnish additional information (e.g. a copy of an identity document, proof of address) to enable us to confirm Your purchase and dispatch your parcel.

In this case, to assure shipment of your order within the scheduled time, we advise You to indicate a fixed-line telephone number where you can be easily contacted, and to confirm to us the information entered or send us the documents requested within the day.

Delivery terms and methods

VANESSA SEWARD deliver to all countries world-wide with a few exceptions.

Our orders for shipment within the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, the Czech Republic, Finland, Romania, France, the United Kingdom, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy) are inclusive of VAT charged at the rate of Value Added Tax applicable on French territory.
All our shipments outside the European Union are net of tax, including shipments to Switzerland and Norway. All taxes are payable on receipt of the parcel under the laws applicable in the country of destination.

Your order will be delivered to you at the address you indicated to us when placing your order.

The delivery is constituted by the transfer to the Client of the physical possession or control of the Products.

Where the product is available from stock, the estimated delivery date is determined by adding the following 2 items:
1. The dispatch time (24 to 48 hours) reckoning from the ordinary working day following receipt of the order: reliability checking of the information you input, reckoning from the registration of your payment + preparation of your order + collection of the parcel by the carrier.
2. The time taken by the carrier to deliver your parcel.


The final delivery date for your order will be communicated to you on the website in your Order Summary.


An order placed on a Saturday, Sunday or public holiday will be confirmed and processed on the next ordinary working day thereafter.

France
Vanessa Seward offers three shipping methods: shipping via UPS, shipping via Colissimo and shipping via Relais So Colissimo Commerce et Poste.

- Shipments via UPS are delivered from Monday through Friday between 8am and 6pm. A notice is left in the absence of the recipient. After 3 delivery attempts and leaving the notice, the package will be kept at UPS for 7 days. The package is only delivered in person with signature.

- Shipments via Colissimo are delivered from Monday through Friday between 8am and 6pm. A notice is left in the absence of the recipient and the package is kept at the nearest post office for 14 days.

- Shipments via Relais So Colissimo Commerce and Post covers more than 10 000 post offices and local shops (pressings, bookshops, grocery stores...) throughout France. Your items will be delivered in 24 to 72H maximum, from Tuesday to Saturday (except bank holidays) between 9 am and 3 pm. Upon receipt of your order by the shop or the post office So Colissimo, you receive an e-mail or a SMS informing you of the availability of your parcel. You have then a maximum of 10 working days to come and pick it.

European Union

Seward offers two shipping methods: shipping via UPS and shipping via Chronopost.

- Shipments via UPS are delivered from Monday through Friday between 8am and 6pm. A notice is left in the absence of the recipient. After 3 delivery attempts and leaving the notice, the package will be kept at UPS for 7 days. The package is only delivered in person with signature.

- Shipments via Chronopost are delivered from Monday through Friday between 8am and 6pm. A notice is left in the absence of the recipient and the package is kept at the nearest post office for 14 days.

Other countries

Seward offers one shipping method, shipping via UPS.

- Shipments via UPS are delivered from Monday through Friday between 8am and 6pm. A notice is left in the absence of the recipient. After 3 delivery attempts and leaving the notice, the package will be kept at UPS for 7 days. The package is only delivered in person with signature.

It is not possible to have your package delivered to a Vanessa Seward store.

For security reasons, we are unable to deliver to P.O. boxes.

A standard charge is made for shipping costs, according to destination:

· Twelve (12) euros via UPS for France and Monaco or ten (10) euros via Colissimo for France or seven (7) via Relais So Colissimo Commerce et poste for France .

· Twenty (20) euros for the European Union (Germany, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, the Czech Republic, Finland, Romania, the United Kingdom, Greece, Slovakia, Hungary, Slovenia, Ireland, Sweden, Italy)

· Thirty-five (35) euros for the United States and Canada.

· Fifty (50) euros for all other destinations outside of the European Union including Switzerland and Norway

Shipment is provided free of charge for all orders equal to or above Seven-hundred (550) euros including VAT.
VANESSA SEWARD shall use its best efforts to adhere to the delivery times stated at the time of registering your order, nevertheless the delivery delays are indicative.

Where a parcel is not received within the stated time, the matter is investigated with the carrier; this may require up to 10 ordinary working days.

On receipt of his/her order, the Client must check the conformity of the Products received in execution of that order.

Any anomaly affecting the delivery (namely: Products missing or damaged, damaged parcels) must first, without fail, be indicated on the delivery note, in the form of handwritten, signed reservations to UPS.

Following this, any anomaly must be reported to VANESSA SEWARD customer care as soon as possible after receipt of the Products:

- writing by ordinary post to VANESSA SEWARD, Customer Care, 39 rue Madame, 75006 Paris, France; or

- by e-mail: click here;
or
- by telephone on + 33 1 80 48 38 99 from Monday to Thursday, 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m.; Friday from 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 4:30 p.m.

VANESSA SEWARD reserves the right to request the Client to return the non-compliant or damaged Product.
In the event of abnormal or unreasonable returns, VANESSA SEWARD may refuse to honour any future order.

Right of withdrawal ("cooling off period") with refund

The Client has fourteen (14) clear days from the date of receipt within which to return, the Products he/she has ordered and exercise his/her right of withdrawal without justification, and without the application of penalties, under the condition that the Products are returned in their original condition, neither worn nor washed.

The Product(s) must be returned in its (their) original inner and outer packaging, to the following address:

VANESSA SEWARD

CROSSLOG

104, rue Denis Papin

77550 Moissy Cramayel

The parcel return costs shall be borne by VANESSA SEWARD. If the above-mentioned conditions are fulfilled, VANESSA SEWARD shall refund the amount of his/her order to the Client on the day the Products are received by VANESSA SEWARD.

Exchanges

In-store exchanges:

Since the stores and the online sales networks operate independently, a Product that has been purchased in one network cannot be returned or exchanged via the other network.

Online exchanges:

Using the VANESSA SEWARD. website, You can exchange Product(s) ordered on the Website for a different size and/or colour.

The User has a period of fourteen (14) days from the date of receipt of the original order to request an exchange by logging on to his/her "Account" page.

The User must return the Product(s) to be exchanged, in its/their original condition, neither worn nor washed, within fourteen (14) days of the exchange request made via the Website.

A return authorisation form must be enclosed with the Product(s). Please log on to Your "Account" page to access, complete and print out the form.

The parcel return costs shall be borne by VANESSA SEWARD. Following internal validation of the return request, the VANESSA SEWARD customer care team will send You a Colissimo prepaid return label by e-mail for You to affix to the parcel. You can drop the parcel off at a post office or a Colissimo collection location (relais de collecte).

If the above-mentioned conditions are fulfilled, Vanessa Seward. shall enter a new order for the Product(s) to be exchanged and ship it/them to the delivery address appearing on Your original order, subject to stock availability.

The shipping fees shall be borne by VANESSA SEWARD, provided that the User has adhered to the above-mentioned time limits.

If the Product(s) is/are no longer available, VANESSA SEWARD. shall refund the User the amount of the initial order, including shipping fees, the day the returned Product(s) is/are received.

If the above-mentioned conditions are not met, and in particular if the Product(s) is/are not in a saleable condition, VANESSA SEWARD. will not make the refund and the Product(s) at issue will be returned to the User at the delivery address appearing on Your original order.

If, after the exchange, You are still not satisfied with the exchanged Product(s), VANESSA SEWARD. will reimburse the User the amount of Your initial order, the day the returned Product(s) are received, provided that the Product(s) is/are in a saleable condition.

- Refund via the Website / special cases:

If the conditions for return of the Products are fulfilled, VANESSA SEWARD will offer to refund the amount of the initial purchase.
VANESSA SEWARD shall refund the amount of his/her order to the Client, within fourteen (14) working days from receipt of the Products by VANESSA SEWARD.


Warranty

All our products are covered by the statutory warranty scheme, provided normal use has been made of them and the care instructions have been followed.

Article L211-4 of the French Consumer Code:


The seller is required to deliver a product which conforms to the contract, and [he] is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out.

Article L211-5 of the French Consumer Code:

To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- It must correspond to the description given by the seller and have the features that the seller presented to the buyer
in the form of a sample or model;
- It must have the features that a buyer may reasonably expect it to have in view of the public statements made by the seller,
the producer or his representative, including advertising and labelling;
2. Or it must have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed.

Article L211-12 of the French Consumer Code:

Action resulting from lack of conformity lapses two years after delivery of the product.

Article 1641 of the French Civil Code:

A seller is bound to a warranty on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so hinder that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 paragraph 1 of the French Civil Code:

The action resulting from latent vices must be brought by the buyer within a period of two years following the discovery of the vice. Personal privacy and computerised data.

Personal data:

VANESSA SEWARD processes personal data for purposes of customer relations and market canvassing. pursuant to the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, the Customer has a right to access, rectify and require removal of any data concerning him/her. To exercise that right, the Customer should write to the following address: VANESSA SEWARD, service clients, 39 rue Madame, 75006 Paris, France.

Cookies:

the Website uses cookies. A cookie is a computer file stored on the hard disk of the Customer's computer. its purpose is to report an earlier visit by the Customer to the Website. VANESSA SEWARD uses cookies solely for the purpose of personalizing the service offered to the Customer.

The Customer retains the option of disabling cookies using a setting on his/her Internet browser. by doing so, the Customer loses the potential to personalize the service provided by VANESSA SEWARD via the Website.


Web Beacons:


Some pages on the Website may contain web beacons used to count the number of visitors to the Website and/or to supply a number of indicators to VANESSA SEWARD.

These Web Beacons may be used with some of our partners, particularly for the purpose of gauging and improving the Website's effectiveness.

In any event, the information obtained using these Beacons is not in any way personally identifying and is used merely to gather site-visit statistics for certain pages of the Website, for the purpose of better serving its visitors.


Miscellaneous provisions

Force majeure:

VANESSA SEWARD shall not be liable for non-performance of all or part of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disruption of or all-out or partial strike in, among others, the postal services and means of transport and/or communication.

VANESSA SEWARD shall notify the Client of any event constituting force majeure within five (5) working days of its occurrence.

The Parties hereby agree to consult as soon as possible in order to determine the ways and means for processing the order during the time for which the case of force majeure remains in being.

Beyond one (1) month of interruption by reason of force majeure, the Parties hereto shall be freed from their obligations to each other. Where applicable, VANESSA SEWARD shall refund the Purchaser as soon as possible.

Entirety of contract:

These general conditions of sale and the order summary transmitted to the User form a contractual whole embodying the entirety of the agreements made between the parties.

Applicable law – Competent jurisdictions:

These Terms and Conditions of Sale and the contractual relations between VANESSA SEWARD and the Client shall be governed by French law.

All disputes arising from the purchase and sale concluded in application of these Terms and Conditions concerning their validity, their interpretation, their execution, their termination and their consequence and which cannot be solved between VANESSA SEWARD and the Client, will be submitted to the courts competent in common law.

Nevertheless, VANESSA SEWARS shall undertake to seek an amicable solution before any legal action.

The Client is informed that he/she can have recourse to a conventional mediation, in particular with the “Commission de médiation de la consommation” (article L534-7 of the Consumer Code) or with the existing sectorial mediation authorities, or to any other alternative means of solving disputes in case of contesting.

Intellectual property

The entire content of the VANESSA SEWARD Website (illustrations, texts, wordings and labels, trademarks, images and videos) is the property of VANESSA SEWARD any reproduction or all or part of the content by any process and on any medium whatsoever requires the prior and express permission of VANESSA SEWARD.

VANESSA SEWARD is not authorized to give You permission to copy, display or distribute any content for which You do not possess the intellectual-property rights. any use of such content in fraud of the rights held in it by third parties constitutes the offence of infringement, incurring severe penalties under the French Intellectual Property Code.

VANESA SEWARD disclaims all liability for a user's infringement of rights held by third parties where such infringement is committed by virtue of such user's activity on the Website.

Precontracual Information – Client acceptance

The Client admits having been informed in a visible and comprehensive manner of these Terms and Conditions and all the information mentioned in the articles L111-1 to L111-7 of the Consumer Code before placing his/her order, and in particular of,

- The essential characteristics of the Product, taking into consideration the communication medium used and the Product in question;

- The price of the Product and additional fees;

- In absence of the immediate execution of the contract, the date or the delay within which VANESSA SEWARD is committed to deliver the Product;

- The information concerning the corporate identity of VANESSA SEWARD, address, telephone and electronic contact details and its activities, as long as they aren’t out of context;

- Information concerning legal warranties and the ways they are implemented;

- The features of the digital content and, if necessary, its interoperability;

- The possibility of resorting to a conventional mediation in case of dispute;

- Information concerning withdrawal rights.

The placing of an order on the Site by a natural person implies agreement to and complete acceptance of all these General Conditions, which is expressly acknowledged by the User, who specifically waives recourse to any document stating otherwise, which documents shall be unenforceable against VANESSA SEWARD