General Terms and Conditions of Sale
The online shop of the SO-MODE.com site was set up by SAS Reservoir Mode, which is the owner of this site. Any order taken of a product appearing within the online shop of the SO-MODE.com website supposes the prior consultation of the present general conditions.
Consequently, the consumer acknowledges that he/she is fully aware of the fact that his/her agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop. The consumer has the option of saving or editing these general conditions, it being specified that both the saving and editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use on his part. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the context of the website were in fact related to his professional activity. The online shop SO-MODE.com set up by the company Reservoir Mode within the context of the website mentions the following information:
1. legal notice allowing a precise identification of the company SO-MODE by Reservoir Mode
2. presentation of the essential characteristics of the goods offered
3. indication, in Euros of the price of the goods, as well as, if necessary, the expenses of delivery
4. indication of the terms of payment, delivery or execution
5. the existence of a right of withdrawal
6. the period of validity of the offer or the price
7. All this information is presented in French. The consumer declares that he/she has full legal capacity to commit himself/herself under these general conditions
Article 1: Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is considered to accept without reservation the entirety of the dispositions provided in these general conditions. No other general or specific condition appearing in the documents sent or handed over by the consumer may be integrated into these general conditions, since these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company SO-MODE by Reservoir Mode to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the order form. In case of contradiction between the dispositions contained in the documents of different rank, the dispositions of the document of higher rank will prevail.
Article 4: Entry into effect - duration
The present general conditions come into effect on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by SO-MODE by Reservoir Mode. The present general conditions are likely to be modified at any time, but those applicable will be those in effect at the time of the order on the Internet.
Article 5: Order confirmation
In order to order a product on the site, the consumer must follow the online procedure.
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, otherwise, at the address indicated by the consumer on the order form.
Article 6: Proof of the transaction
The computerized registers, kept in the computer systems of the company SO-MODE by Reservoir Mode in reasonable conditions of safety, will be considered as evidences of the communications, the orders and the payments occurred between the parties. The archiving of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 7: Information on the products
7-a: The company SO-MODE by Reservoir Mode presents on its website the products to be sold with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides the potential consumer with the possibility to know before the final order the essential characteristics of the products he wishes to buy.
7-b: The offers presented by the company SO-MODE by Reservoir Mode are valid only within the limits of available stocks.
7-c: Promotional codes:
The promotional codes generated do not apply to shipping costs, unless the promotional code is specifically for shipping costs. These offers can be used apart from promotions and special offers (unless otherwise specified). Promotional codes are only valid from the date the information is put online or the date the newsletter is sent until the end date indicated on these media and therefore do not apply to orders placed before the date of publication of this coupon. Promotional codes cannot be combined with other promotional codes or offers (unless otherwise specified). Offers and promotional codes cannot be exchanged for their monetary value. In the case of a returned item (refund/credit), promotional codes cannot be used for a new purchase. Refunds/credits after a return will only be given for the amount actually paid, excluding the part paid for by the promotional codes.
Article 8: Prices
8-a: Prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be applied to the price of the products in the online shop. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or advance payment.
8-b: Customs duties:
Any order validated on the site and delivered outside of France may be submitted to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and these possible taxes related to the delivery of an article are the responsibility of the consumer. SO-MODE by Reservoir Mode is not required to check and inform its consumers of the customs duties and taxes applicable. To know them, it is up to the consumer to inquire with the competent authorities of his country. In the event of refusal of the recipient to pay the customs duties or taxes, the sums possibly requested from SO-MODE by Reservoir Mode to recover the parcel will be deducted from the refund made to the consumer. Only the delivery address determines the application or not of the French VAT or of the country of delivery (if necessary) or of customs duties.
Article 9: Method of payment
To pay for his order, the consumer has, at his option, all the methods of payment listed in the order form. The consumer guarantees the company SO-MODE by Reservoir Mode that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The company SO-MODE by Reservoir Mode reserves the right to suspend any processing of order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The company SO-MODE by Reservoir Mode reserves in particular the right to refuse to carry out a delivery or to honour an order emanating from a consumer who would not have settled completely or partially a preceding order or with which a litigation of payment would be in the course of administration. The company SO-MODE by Reservoir Mode has set up a procedure of verification of the orders intended to ensure that no one uses the banking coordinates of another person without his knowledge. Within the context of this verification, the customer will be asked to send by e-mail to SO-MODE by Reservoir Mode a copy of an identity document as well as a proof of address. The order will be validated only after reception and verification by our services of the sent documents.
Article 10: Availability of products
The order will be executed at the latest within 10 days from the day after the consumer has placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed and will have the possibility to cancel his order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 11: Delivery terms
The products are delivered to the address indicated by the consumer on the order form. When creating an account, the Buyer shall indicate the delivery address with the maximum of precision. The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage to the carrier on the delivery slip, as well as to the company SO-MODE by Reservoir Mode, within one week. The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose. As far as shipping in France is concerned, SO-MODE by Reservoir Mode works essentially with Colissimo. As soon as we proceed to a shipment, you immediately receive an email informing you. 4 Colissimo formulas are proposed on the site:
- So Colissimo Livraison en Point relais: delivery in relay point (for metropolitan France)
- Colissimo Simple: The parcel is deposited in the letterbox, without signature. If you wish to take out insurance, we advise you to choose Colissimo Recommandé.
- Colissimo Recommandé : The parcel is delivered against signature with insurance included
- Chronopost home delivery
- Chronopost in a relay point
With colissimo, after shipment, delivery is made within 24 to 72 hours (average time observed, in metropolitan France, excluding public holidays) to the delivery address specified in the registration form, and validated at the time of ordering.
In the event that the size of the letterbox is insufficient to contain the parcel or if the Buyer or the addressee is absent: a delivery notice is left in the letterbox allowing the parcel to be collected at the indicated post office. The parcel will wait at the post office for a period of 15 days. After this period, the package will be returned to the sender.
In case of delay or anomaly in shipment
Colissimo is a very reliable service. However, it is possible, as with any shipment, that there may be a delay in delivery or that the product may go lost. In the event of a delay in delivery compared to the date we indicated in the dispatch email, we ask you to inform us of this delay within a maximum of 10 days following the expected delivery date by calling us by telephone (09 72 09 3333) or by sending us an email service.client@so-mode.com
We will then contact the Post Office to start an investigation. A postal investigation can last up to 21 days in France or 90 days abroad from the starting date of the investigation. If during this period, the product is found, it will be immediately re-routed to your home (in most cases). If on the other hand the product is not found at the end of the 21 days in France or 90 days abroad of investigation, the Post office considers the parcel as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier.
Other carriers available:
Chronopost (delivery against signature) and DPD (delivery against signature). In case of absence, a delivery notice is left in the mailbox to contact the carrier.
SO-MODE declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of the products or strike or theft. No dispute relating to the delivery itself is possible if the parcel appears to have been delivered, the computer system (flashing) of the Post Office acting as proof.
It is the consumer's responsibility to provide all useful information for the delivery when ordering in order to allow the carriers to proceed with the delivery. In case of unclaimed package, incomplete or erroneous address, if it returns to the premises of SO MODE the transport costs of the reshipment will be charged to the consumer.
Colissimo now offers you the possibility of dropping your parcel directly into your letterbox. SO MODE declines all responsibility in the event of theft before your postman picks up your package. The certificate of the post office or the notice of collection of the post office, confirming that your parcel was indeed recovered or not, will be taken as proof.
Article 12: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer will have to confirm this anomaly by sending to the carrier within three (3) working days following the date of delivery a registered letter with acknowledgement of receipt setting out the said claims. The consumer must send a copy of this letter by email or by post to : GROUPE SO MODE - RESERVOIR MODE 25 rue Frédéric Bastiat 40000 MONT DE MARSAN – France
Article 13: Product warranty and liability of the Company SO MODE by Reservoir Mode
The company SO MODE by Reservoir Mode will refund, replace or repair the products under guarantee judged not in conformity or defective. The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed on presentation of the receipts.
Refunds for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days following the observation by SO MODE by Reservoir Mode of the lack of conformity or hidden defect.
The refund will be made by crediting the consumer's bank account or by bank cheque sent to the consumer.
However, the responsibility of the Company SO MODE by Reservoir Mode could not be committed in particular in the following cases:
- In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the consumer, as in case of normal wear and tear of the product, accident or force majeure.
The guarantee of the Company SO MODE by Reservoir Mode is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect. Under Article 1124 of the Civil Code, non-emancipated minors are incapable of contracting. This is why orders for minors must be placed with the agreement of the parental authority. In case of accidental collection of personal data concerning a minor, the parental authority has the capacity to oppose their conservation.
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the present terms cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all the consequences of hidden defects in the thing sold. The consumer is expressly informed that the company RESERVOIR MODE is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer of the latter may be sought by the consumer, on the basis of the information on the packaging of the said product. The conditions and duration of the producer's guarantee are indicated on the product sheets. Given the frequency with which the components of technical products are renewed, RESERVOIR MODE may, on request, inform the consumer of the availability of spare parts for the products offered and of the procedures for obtaining them.
Article 14: Return Policy
We are committed to providing you with complete satisfaction for all our products and services. You have a period of 30 days (date of receipt) to request a refund of your order from our customer service:
SO MODE / RMA
25 RUE FREDERIC BASTIAT
40000 MONT DE MARSAN – FRANCE
This only applies to items returned in new and unworn or used condition. The order number, the reason for your return and your wish (refund or credit) can be specified.
- If you choose a credit note or an exchange, SO MODE by Reservoir Mode will pay the shipping costs. Your return will be free. Your credit note will be credited to your RESERVOIR MODE account within 2 days (on average) upon receipt of the package. Valid for 1 year, you are free to use your credit to please yourself with new products.
- If you wish to be reimbursed, in order to facilitate the return from Metropolitan France, we also provide you with a prepaid return label, to be printed and stuck on your parcel. A flat rate of 5€ (including VAT) will be deducted from the refund, as a contribution to the direct costs of returning the goods (except if the return is due to an error on our part). Upon receipt and verification of your package, you will be informed by email of your refund using the payment method of your choice (credit card, cheque, bank transfer) or, by default, the one used for your last order.
- If you choose not to use the prepaid label proposed by RESERVOIR MODE, you can also return the items by your own means. The returned items will be fully refunded to you via the means of payment of your choice (credit card, cheque, transfer), within 5 days after receipt and verification of your package by our services.
The return is at your expense if you had chosen a delivery outside of metropolitan France.
The risks associated with the return of the item (loss or damage) are at the customer's expense.
This only applies to items returned in new and unworn or used condition. Your order number, the reason for your return and your wish (refund or credit note) can be specified.
On the other hand, we cannot take back: Packages for which no element is attached to identify the sender (order number, name, first name, address), elements that are written on the order form).
Stockings, tights, accessories and perfumes are neither returned nor exchanged for reasons of hygiene.
In the event of an exchange, log on to your account, in the "My returns" section, follow the procedure indicated and attach your delivery note to your return package. We simply invite you to place an order again, once the return procedure has been completed on our site and your credit has been credited.
Article 15: Right of withdrawal
In order to allow you to buy with complete peace of mind, you have 15 days to return any item that does not suit you.
Nevertheless, for reasons of hygiene, and in accordance with article L. 121-20-2 of the French Consumer Code, only unworn and unwashed products will be accepted.
In case of exercise of the right of withdrawal, the company SO MODE will refund the consumer within 5 to 10 days. The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 16: Rights of use
The content of the SO MODE website is the property of Reservoir Mode and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
In addition, the company SO MODE by Reservoir Mode remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc. made (even at the request of the consumer) with a view to supplying the Products to the consumer. The consumer is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Company SO MODE by Reservoir Mode, which may make it conditional on a financial consideration.
Article 17: Force majeure
Neither party shall have failed to fulfil its contractual obligations insofar as their performance is delayed, hindered or prevented by an act of God or force majeure. Force majeure shall be considered to be all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the clients.
Article 18: Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 19: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 21: Applicable law and disputes
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the consumer shall first contact the company Reservoir Mode to obtain an amicable solution. Secondly, and in the event of an appeal, the consumer may file a complaint with RESERVOIR MODE via its dedicated dialogue box (support ticket)
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions could give place between the company Reservoir Mode and the consumer, will be subjected to the court of Mont de Marsan (department of the LANDES).
The consumer is informed that he can, in any case, resort to a conventional mediation, in particular near the Commission of the mediation of consumption (Art. L534-7 Code Consumption) or near the existing authorities of sectorial mediation, and whose references appear on the Internet site of the Company SO MODE by Reservoir Mode or with any alternative mode of settlement of the disputes (conciliation for example) in the event of dispute.
Article 22: Data protection
The information which is requested from the consumer is necessary for the treatment of his order and could be communicated to the contractual partners of the company SO MODE by Reservoir Mode intervening within the context of the execution of this order. The consumer can write to the company SO MODE by Reservoir Mode whose coordinates are within the charter of confidentiality appearing within the context of the Web site, to oppose such a communication, or to exert its rights of access, of correction with regard to information relating to it and appearing in the files of the company SO MODE by Reservoir Mode, under the conditions envisaged by the law of January 6, 1978.
Article 23: Use of Cookies
What are cookies?
Cookies are small, often encrypted, text files that are stored in your computer's browser or on your mobile device when you visit certain websites. The purpose of a cookie is to improve your experience on our site by allowing us to recognise and log you in automatically, including saving settings and preferences you have selected on previous visits or storing products you have put in your shopping cart. Cookies are also used to track the number/frequency of visitors to our site to ensure that the site functions quickly. Cookies do not damage your computer and cannot be used to identify you personally.
In order to make your visit to our so-mode.com site more enjoyable, we use cookies to facilitate your online shopping and to give you access to personalised features available on the site. None of our cookies collect or store information such as your name, address or credit card details.
We use four types of cookies:
Cookies that are "strictly necessary" for your navigation on our Site
We use so-called "strictly necessary" cookies for the proper functioning of SO-MODE.com and for certain basic functions, such as remembering your selection of items in your shopping cart until your payment is confirmed.
Performance cookies:
We use cookies to collect anonymous information about how users navigate our website. This data helps us to optimise the operation of our site, limiting any navigation problems that visitors may encounter. In addition, these cookies allow us to measure the success of the campaigns, offers and competitions we run.
Functional cookies:
We use cookies to remember the choices you may have made on the site, such as selecting your delivery country, your pop-up preferences or the products you have recently viewed. Therefore, these cookies personalise your browsing on SO-MODE.com by adapting it to the choices you may have made during your previous visits.
Advertising cookies (third party cookies):
We may install such cookies. These are provided to us by third parties and are designed to collect information about your browsing habits in order to personalise the advertising that is sent to you according to your tastes and purchasing habits. These cookies are anonymous. They store information about the searches you perform when you visit our website, but do not allow us to identify you in any way. These cookies also allow us to know if you have made a purchase from SO-MODE.com after clicking on a partner's link or banner advertisement so that we can appropriately compensate the partner who made the purchase.
Disabling cookies:
Most browsers automatically accept the installation of cookies, unless you have changed your settings. By continuing your visit to our SO-MODE.com site, you agree to the installation of cookies in accordance with our Cookie Policy. If you do not want us to install cookies on your computer, you can disable the installation of cookies in your browser. Some of the cookies we install on your computer are essential to the proper functioning of our site, so please note that refusing to accept cookies from SO-MODE.com may make it difficult for you to navigate our website.
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