The commercial website www.stephanerolland.com (hereinafter referred to as the “Website”) is an e-commerce website accessible via the Internet network, open to any user of this network. It is published by the company S.R. Paris (hereinafter referred to as “Stéphane Rolland”), a SAS with a capital of 250.000 euros, registered with the Paris Trade and Companies Register under number 400 459 822 and whose registered office is located at 128 avenue de Villiers in Paris (75017).
The Website allows you to order a selection of ready-to-wear textile products and fashion accessories created by Stéphane Rolland for delivery in the countries referred to in Article 4.1 below.
The Website does not allow you to place a special order for personalized and/or tailored products from the Stéphane Rolland Haute Couture Collection; to place such an order, please contact customer service directly at the following email address: firstname.lastname@example.org.
Article 1 – Purpose
The general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale”) shall apply to all orders for ready-to-wear textile products and fashion accessories available on the Website (hereinafter referred to as the “Products”) and placed with Stéphane Rolland by any person acting for purposes that are not within the scope of his commercial, industrial, artisanal, liberal or agricultural activity (hereinafter referred to as the “Customer(s)”).
The general terms and conditions of sale define the rights and obligations of Stéphane Rolland and of the Customers.
The Customer acknowledges having the capacity to enter into contracts, i.e. in particular to be of legal age and not to be the subject of a protective measure or, in such a case, to have the authorization of his guardian or curator.
Any order of a Product available on the Website implies the Customer’s acceptance of the general terms and conditions of sale and of their content in their entirety. The Customer acknowledges having read and accepted them by checking the box dedicated to this purpose when ordering.
Stéphane Rolland reserves the right to modify the general terms and conditions of sale at any time, by publishing a new version on the Website. Nevertheless, the general terms and conditions of sale applicable to the order are those in force on the date the order is placed.
Article 2 – Products – Prices
The Products available for sale are solely those displayed on the Website on the date of its consultation by the Customer.
The Products offers are valid within the limit of the available stocks.
In the event of any temporary unavailability of the Products occurring after the Customer’s order, the Customer shall be informed by e-mail as soon as possible and shall have the possibility to choose a new equivalent product if possible or shall get the refund of the order.
The Customer is invited to read the description of each Product to find out its characteristics (designation, characteristics and composition, etc.). Stéphane Rolland shall make its best efforts to ensure that the photographic representation of the Products on the Website is as accurate as possible. However, given the digital presentation of the Products on the Internet, the Customer’s perception of the photographic representation of the Products may be altered and may not correspond exactly to the Product itself.
The prices are indicated in Euros, all taxes included (TTC). The value added tax is the one in force on French territory.
The prices applied are those displayed on the Website at the time of the order. They may change at any time, considering that the Products are invoiced on the basis of the prices in force on the date of the Customer’s validation of the order.
The price of the Product is indicated during the various stages up to the payment, in a frame on the right of the Website.
Unless otherwise specified in the sales process, delivery charges are free.
Article 3 – Order
The Website is intended for consumers or non-professionals for strictly personal use. The Customer therefore declares not to order Products on the Website for the purpose of reselling them in the context of a professional activity.
3.1 Creation of a customer account
In order to place an order on the Website, the Customer shall create a user account.
Upon placing his first order, the Customer is invited to create a personal space. To that end, the Customer chooses a login identifier and password that are strictly personal and agrees not to disclose them to any third party whatsoever.
In the event of any loss, theft or fraudulent use of the Customer’s account, the Customer undertakes to inform Stéphane Rolland without delay.
Before each order, the Customer must log on to his user account using the login identifier and password previously created.
The creation of a user account enables, in particular, to consult the history of his orders and to add or modify his delivery and billing addresses for future orders.
Unless the Customer proves to the contrary, the data recorded by the Website constitutes evidence of the nature, content and date of all transactions between Stéphane Rolland and the Customer.
In the event of a dispute relating to a transaction carried out on the Website, the data recorded by Stéphane Rolland shall be considered as valid evidence of the content of the transaction, unless otherwise evidenced by the Customer.
The Customer may at any time request the deactivation of his account by sending an e-mail to the following address: email@example.com. If an account is deactivated, the Customer may create a new one at any time
3.2. Placing an order
3.2.1 The Customer selects the Product(s) by adding them to his basket and then checks the contents and the total price
The Customer validates his basket by clicking on the “order validation” box.
The Customer is then invited to fill in his personal information and delivery address for the purposes of processing his order, delivery and sending an invoice.
To facilitate home delivery, the Customer may provide additional information in a free comment field.
If promotional codes are applied, the Customer is invited to enter his code before validating his basket by clicking on the button “Do you have a promotional code?” then on “Click here to enter your code” and finally “enter” to validate the addition of the promotional code. The total amount of the order is updated if the promotional code entered is valid. The amount indicated takes into account the discount applied.
3.2.2. The Customer acknowledges and accepts the general terms and conditions of sale applicable to the order by ticking the box provided for this purpose and clicking on “order and pay” to proceed with payment.
The Customer is invited to pay his order by credit card.
Until the final stage, the Customer shall have the possibility to return to the previous pages and to correct and modify his order and the information provided beforehand.
The validation of the order constitutes an electronic signature. It is specified to the Customer that the signature has, between the Parties, the same value as a handwritten signature and is worth evidence of the order and of the payment of the sums due in execution of the said order.
Stéphane Rolland reserves the right not to validate the order in the event of :
– any existing dispute(s) with the Customer;
– total or partial non-payment of a previous order by the Customer;
– refusal to authorize payment by credit card from banking organizations.
To proceed with payment, the Customer is redirected to a new secure interface in which he must enter the number of his credit card, its expiry date, and the cryptogram number (3-digit number appearing on the back of the credit card).
The server used for the payment is subject to an appropriate security system in order to protect all data related to the means of payment.
Furthermore, the security of transactions is ensured by the use of the reinforced authentication system.
The card will be debited at the time of validation of the payment of the order.
The credit card payment service is provided by Crédit Lyonnais.
3.4 Acknowledgement of receipt of the order
A summary document of the order is sent to the Customer by e-mail, to the e-mail address provided by the Customer.
Article 4 – Delivery
4.1 Order processing and preparation
The Products ordered by the Customer are deliverable worldwide.
Stéphane Rolland undertakes to process and prepare the Order within a maximum period of forty-eight (48) hours from the day after the Order is placed and paid for, unless otherwise specifically indicated to the Customer before the Order is placed.
Orders recorded on the Website on Friday afternoon, Saturday or Sunday shall be processed the following Monday. In the same way, orders registered on the Website on a public holiday are also processed on the following business day.
Once prepared, the order shall be handed over to the specialized UPS carrier which undertakes to deliver the order within four (4) days from this handover, subject to special conditions related to the routing conditions in the country of delivery (these conditions shall be specified to the Customer).
The order is delivered to the address indicated by the Customer, accompanied by an invoice. The Customer shall have the possibility of having it delivered to a different address from his/her own.
4.3 Delivery delay
In the event of a late delivery, Stéphane Rolland shall send an email to the Customer to inform him of such delay and indicate the new expected delivery date of his Product.
In any event, in accordance with the provisions of Article L.216-2 of the French consumer Code, in the event of Stéphane Rolland’s failure to meet its obligation to deliver the Product on the date or at the end of the period provided for, the Customer may terminate the contract, by registered letter with acknowledgement of receipt or by email, if, after having formally instructed Stéphane Rolland, according to the same above-mentioned means, to make the delivery or to provide the service within a reasonable additional period, the latter has not performed the delivery within this period.
In this case, the Contract shall be deemed to be terminated upon receipt by Stéphane Rolland of the letter or any written means informing it of such termination, unless delivery has taken place in the meantime.
Nevertheless, the Customer may immediately terminate the Contract if Stéphane Rolland refuses to deliver the Product or if it does not fulfil its obligation to deliver the Product on the date or at the end of the period provided for, and if this date or period constitutes for the Customer an essential condition, which he has expressed to Stéphane Rolland when placing the order.
4.4 Receipt of the order
Upon receipt of the order, the Customer shall verify the conformity of the Products and shall make any reservations and claims that appear justified (missing or damaged Products, damaged package) to the carrier and to Stéphane Rolland’s customer service department at the following address: firstname.lastname@example.org.
Article 5 – Right of withdrawal
5.1 Exercise of the right of withdrawal
The Customer has, within the framework of his right of withdrawal, a period of fourteen (14) business days from the date of receipt of his order, to return without reason, the Product(s) he has ordered.
To exercise this right of withdrawal, the Customer shall notify Stéphane Rolland of his decision to withdraw via an unambiguous statement (for example, by completing the form available on the Website, or by sending an e-mail to the following address: email@example.com).
In order to withdraw within the allowed period, the Customer shall send his communication relating to the exercise of the right of withdrawal before the expiration of the fourteen (14) days period from the day of receipt of the order.
5.2 Return of products
In order to return the Product(s) ordered, the Customer shall return the parcel at his own expense.
The Product(s) must be returned in its (their)conditioning and its (their) original packaging, unworn and unwashed without undue delay and no later than fourteen (14) days after communication of your decision to withdraw from this contract, to the following address: Stéphane Rolland Paris – 128 avenue de Villiers – 75017 Paris, and be accompanied by the invoice(s) provided in the package upon delivery, indicating the Product(s) returned.
5.3 Refund of returned products
If the aforementioned conditions are met, Stéphane Rolland shall reimburse the Customer for the price of the Product(s) ordered within a reasonable period of time and no later than seven (7) days from receipt of the Product(s) by Stéphane Rolland.
Refunds shall be made by using the same means of payment as the one used for the initial transaction, unless the Parties agree to a different means. In any event, the Customer shall not incur any costs as a result of the refund.
Article 6 – Non compliant delivery with the order
In the event that the Customer receives a Product that does not conform to his order (reference error, damaged item in the packaging, quality problem, etc.), Stéphane Rolland shall proceed with an exchange or a refund.
To do so, the Customer shall complete the return form provided in the package upon delivery within fourteen (14) business days. This period starts from the date of receipt of the Products. The return costs for the Products shall be borne by Stéphane Rolland.
The Product(s) shall be returned, unworn, unwashed, in its (their) conditioning and its (their) original packaging to the following address Stéphane Rolland Paris – 128 avenue de Villiers – 75017 Paris and be accompanied by the invoice(s) in the package upon delivery, specifying the reason for non-compliance.
An exchange of Product(s) shall be possible in the event of non-conformity of the order or the item(s). The returned item(s) shall only be exchanged for item(s) of the same reference within the limit of available stocks.
If the Product is out-of-stock, a refund of the article(s) shall be proposed to the Customer. In this case, Stéphane Rolland shall reimburse the Customer for the price of the product(s) ordered, if he returns all of the products within fourteen (14) days upon their receipt by Stéphane Rolland.
In any case, only the item(s) returned in their original condition may be reimbursed.
Stéphane Rolland shall have full discretion to assess the non-conformity of the order or of the item(s) and to judge whether the returned item(s) is (are) actually in their original condition. Consequently, the items returned that are incomplete, damaged, worn or damaged, used or soiled shall not be refunded (unless the return of the Products is related to the state of the Products before delivery).
Stéphane Rolland shall not be held liable in the event of any loss, delivery to an incorrect address or late delivery of the items returned by the Customer. Consequently, the Customer shall be responsible for keeping evidence of the return of his items. The Customer is therefore strongly recommended to return the Products by registered mail with delivery against signature, or by any other means allowing tracking of the shipment.
Article 7 – Guarantees
7.1 Legal guarantee of conformity
The Products are covered by the guarantee of conformity mentioned in articles L.217-4 to L.217-12 of the French consumer Code and the guarantee related to hidden defects of the products sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
Under the legal guarantee of conformity, the Customer :
– benefits from a period of two (2) years as from the delivery of the product to act;
– may choose between repairing or replacing the Product; however, in accordance with Article L. 217-9 of the French consumer Code, Stéphane Rolland may not proceed according to the Customer’s choice if this choice involves an obviously disproportionate cost compared to the other option, taking into account the value of the Product and the significance of the defect;
– does not have to prove that the defect of the Products existed at the time it was delivered, and this for a period of twenty-four (24) months following delivery of the Product, except for second-hand goods for which this period is six (6) months, in accordance with Article L. 217-7 of the French consumer Code. Stéphane Rolland may, however, prove to the contrary, for products defects that could not have existed at the time of delivery would as regards the nature of the products or the defect invoked.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
As an exception, the Customer may not invoke the guarantee of conformity in the following three cases as set out in Article L. 217-8 of the French consumer Code:
– when he knew about the defect when he entered into the contract ;
– when he could not have been unaware of the defect when he entered into the contract;
– when the defect is the result of materials that he himself has supplied.
If the Customer decides to invoke the hidden defect guarantee of a product sold under Article 1641 of the French civil Code, he may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French civil Code.
7.2 Reminder of regulations
“Article L.217-4 French consumer Code
” The seller delivers a product which conforms to the contract and 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 under his responsibility.”
Article L.217-5 of the French consumer Code
“The product conforms to the contract:
1. If it is suitable for the purpose usually associated with such a product and, if applicable:
– if it corresponds 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;
– if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or if it has 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 which the latter agreed to.”
Article L.217-12 of the French consumer Code
“The action resulting from the lack of conformity is time-barred after two years from the delivery of the product”.
Article L.217-16 of the French consumer Code
“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or of the repair of a movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer’s request for intervention or from the date the product is made available for repair, if this availability is subsequent to the request for intervention. »
Article 1641 of the French civil Code
“The seller is bound to a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish hits use that the buyer would not have acquired it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648 of the French civil Code
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »
Article 8 – Personal data
Stéphane Rolland collects personal information when placing an order and in the context of the execution of the contract (such as first and last names, e-mail and postal addresses, date of birth, title, telephone number, order number). This information is necessary for the placing, processing and delivery of orders as well as for the preparation of invoices.
The data is intended for Stéphane Rolland, which is the data controller, and may be transmitted, if necessary, to its subcontractors, for the purposes of performing the Contract, in particular to UPS.
This data may also be communicated to third parties to meet legal and regulatory obligations.
This information is kept in accordance with the legal and regulatory provisions in force, for five (5) years after the order is placed (subject to data necessary to meet a legal and/or regulatory obligation which may be kept for the time necessary to fulfil the obligation in question).
The data is stored in France.
Stéphane Rolland undertakes to take the necessary guarantees to ensure a sufficient level of protection for personal data. To this end, it provides technical and organizational means to ensure a level of data security, depending in particular on the purposes of the processing and the associated risks.
Stéphane Rolland implements protection measures to reduce the risks of loss, alteration, misuse, unauthorized access, disclosure and modification or destruction of data.
Customer’s rights concerning his personal data
In accordance with the legal provisions in force as regards the protection of personal data, the Customer benefits from the right to access, rectify, erase, oppose and limit the processing of his data. He may also request the data portability (i.e. the possibility of receiving part of his data in a computer format) as well as define the guidelines regarding the fate of his data after his death.
The Customer may exercise all of his rights, free of charge, by sending a letter to Stéphane Rolland at the following address Stéphane Rolland Paris – 128 avenue de Villiers – 75017 Paris or by e-mail to the following address: firstname.lastname@example.org, indicating his last name(s), first name(s), contact details.
In accordance with the legal provisions in force, Stéphane Rolland shall provide the information and/or the measures implemented, following the Customer’s request, as soon as possible and in any event within one (1) month from receipt of the request (this period may be extended by two (2) months notably in consideration of the complexity of the request); the Customer shall then be informed thereof.
In the event of a refusal to comply with the Customer’s request, Stéphane Rolland shall inform the Customer of the reasons for his position and of the possibility for the Customer to file a complaint with a supervisory authority (CNIL) and to file a legal recourse.
In any case, the Customer has the right to file a complaint with the competent supervisory authority (the CNIL) if he considers that the processing of his personal data does not comply with European and French rules.
Article 9 – Liability
Stéphane Rolland shall not be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an force majeure event within the meaning of Article 1218 of the French civil Code.
Stéphane Rolland shall notify the Customer of the existence of a force majeure event preventing the performance of its obligation, within fifteen (15) business days following its occurrence, by e-mail.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the civil Code.
Article 10 – Entire contract
The current General Terms and Conditions of Sale are available on the website www.stephanerolland.com.
The order confirmation is sent to the Customer by e-mail to the address provided by the Customer.
The General Terms and Conditions of Sale and the order confirmation form the entire contract summarizing all the agreements between the Parties.
Article 11 – Complaints – Mediation
In the event of a dispute, the Customer may make a written request to Stéphane Rolland’s Customer Service Department at the following address Stéphane Rolland Paris, 128 avenue de Villiers in Paris (75017) or by e-mail: email@example.com.
Stéphane Rolland undertakes to acknowledge receipt of the request, to process it and to answer it, except in exceptional cases, within a maximum period of one (1) month from receipt of the request.
The Customer shall also be kept informed of the progress of his situation during the study of his file.
If, however, the Customer is not satisfied as a result of his exchanges with Stéphane Rolland’s customer service department, he may also request, free of charge, and without prejudice to other legal actions, the opinion of the Consumer Mediator, to whom Stéphane Rolland belongs, by contacting the MEDICYS Association, a mediation body initiated by the National Chamber of Bailiffs, which will attempt, with complete independence and impartiality, to bring the parties together in order to reach an amicable solution and whose contact details are as follows:
– either by electronic means: http://www.medicys.fr/
– or by post: MEDICYS – 73 Boulevard de Clichy – 75009 Paris – France.
To find out how to refer a case to this mediator: http://www.medicys.fr/
In addition, the Customer is informed of the possibility to file a complaint via the European Platform for Online Dispute Resolution (OLR), managed by the European Commission, by clicking on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main
Article 12 – Loi applicable – Juridiction compétente
Les Conditions Générales de Vente et les relations contractuelles entre Stéphane Rolland et le Client sont soumises à la loi française. Toutefois, le Client qui ne résiderait pas en France pourra solliciter l’application de sa loi nationale plus protectrice du consommateur.
Tout litige ou contestation qui résulterait de la formation, de l’interprétation, de l’exécution, de la cessation du contrat, sera de la compétence des tribunaux français. En cas de consommateur résidant dans un autre pays de l’Union Européenne, ce dernier pourra saisir les juridictions compétentes du lieu de livraison du Produit.