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1. INTRODUCTION

This document (and any document mentioned hereafter) establishes the general conditions of use of this website (www.spinali-design.com) as well as the general conditions of purchase of products through it.

Please read these Terms and Conditions and our Privacy Policy carefully before using this website.

By using this website or placing an order on this website, you agree to be bound by these Terms and Conditions and by our Data Protection Policies. If you do not agree to all of the Terms and Data Protection Policies, please do not use this website. These Terms and Conditions are subject to change. It is your responsibility to review them regularly, as the applicable terms and conditions will be those in effect at the time you use this website or enter into the Agreement.

2. OUR CONTACT INFORMATION:

The sale of products through this website is carried out under the name "SPINALI DESIGN" by SPINALI DESIGN SAS, with a capital of 210,000 Euros, whose registered office is located at 21, rue de Thann, 68200 Mulhouse France, registered with the Mulhouse Trade and Companies Registry under number 809 372 618 00011, and under the following intra-community VAT number: FR91 385 385 84, which can be reached at the following e-mail address: contact@spinalidesign.fr or at the following telephone number: (+33) 03 3 89 33 00 08.

3. YOUR CONTACT DETAILS AND YOUR VISITS TO THE WEBSITE:

The information or personal data you provide will be treated in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and contact details and declare that all information or contact details provided are true and accurate.

4. USE OF OUR WEBSITE

By using this website and placing orders on it, you agree to:

Use this website only for the purpose of making legally valid enquiries or placing legally valid orders.

Not to place false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.

To provide us with your e-mail address, postal address and/or other contact information truthfully and accurately. Similarly, you authorise us to use this data so that we can contact you in connection with your order, if necessary (see our privacy policy).

You will not be able to place an order if you do not provide us with all the required data. By placing an order on this website, you affirm that you are over 18 years of age and have the legal capacity to enter into contracts.

5. AVAILABILITY OF SERVICES

Any order placed on the site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are at your expense and are your responsibility. We are not obliged to check and inform you of the applicable customs duties and taxes. To know them, we advise you to inquire with the competent authorities of your country.

6. VALIDATION OF THE CONTRACT

To place an order, you must follow the online purchase procedure and click on "place order". You will then receive an email confirming that your order has been processed (hereinafter the "order confirmation"). You will also be informed by e-mail when your order has been shipped (hereinafter the "Shipping Confirmation"). An e-ticket/invoice stating the details of your order will be attached to the Shipping Confirmation.

7. PRODUCT AVAILABILITY

All product orders are subject to availability. In this sense, in case of supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of the same or higher quality or value. If you do not wish to order these replacement products, we will refund any amount paid.

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to replace or modify any content or information on this website. Although we always make every effort to fulfill all orders, exceptional circumstances may arise, such as a manufacturing or inventory problem or a payment incident, which may result in us refusing to process an order even after sending you the Order Confirmation. We reserve this right at any time.

In this case, if payment has already been made, we will refund you all amounts paid, including delivery charges as soon as possible, using the same payment method you used for the transaction. In any case, this refund will not involve any costs at your expense.

We shall not be liable to you or any third party for the removal of any product from this website, the removal or modification of any material or content contained on this website, or for the nonprocessing of an order in any of the above cases, after sending the Shipping Confirmation.

9. DELIVERY

Subject to the provisions of clause 7 above concerning the availability of products, and except in exceptional circumstances, we will deliver the product(s) included in your order within the time limits indicated to you. Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery.

If we are unable to meet the delivery date for any reason, we will inform you and offer you either to continue the purchase process with a new delivery date or to cancel your order and refund the full amount you have paid. Please take into account that no home delivery is made on Saturdays, Sundays or holidays.

For the purposes of these Terms, delivery shall be deemed to have been made, or the order shall be deemed to have been delivered, at the time when you or a third party designated by you are in physical possession of the products, which will be evidenced by the receipt of the order at the delivery address specified by you.

10. PRE-ORDERING OF PRODUCTS:

Pre-ordered products posted on the Internet page as "Pre-Order" may be subject to longer delivery times than other orders. These delivery times will be mentioned on the website.

Orders containing both standard products and Pre-Ordered products may be delivered separately and at different times.

As soon as the Pre-Ordered Products have been prepared, we will inform you of their dispatch by sending you a Dispatch Confirmation.

You have the right to withdraw from the contract within 14 days from the date on which you or a third party other than the carrier designated by you comes into physical possession of the products without giving any reason. In the event of an order containing available products and Pre-Ordered products, the withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the last product ordered.

If you make a purchase of a Pre-Ordered Product, all the provisions of these Terms and Conditions shall also apply to you.

11. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS.

You will assume the risk relating to the Products from the time of delivery as defined in the "Delivery" clause above.

Ownership of the Products will only pass to you upon receipt of full payment of all amounts due, including delivery charges, or upon delivery (as defined in the "Delivery" clause above) if later than payment.

12. PRICE AND PAYMENT

The price of the products will be the one indicated at any time on our website, except in case of obvious error. Errors may occur despite our best efforts to ensure that the prices listed on the website are accurate. If we detect an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer to either confirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and we will refund you the full amount paid.

We are not obliged to sell a Product at an incorrect lower price (even after we have sent you an Order Confirmation), if the error is manifest and unambiguous and you are reasonably able to identify it as such.

The prices displayed on our website include VAT but exclude delivery charges which will be added to the total amount payable.

Prices are subject to change at any time. However, no changes will have any effect on orders in respect of which an Order Confirmation has already been sent; except as described above. Once you have selected all the products you wish to purchase, these will be added to your shopping cart. We will then process your order and you will be asked to make payment. To this end, you must follow the different steps of the purchase process, indicating or verifying the required information at each one.

You can make the payment by credit card. Data security is provided by PayPal. The accepted credit cards are : CB, Visa and Mastercard.

Please note that SPINALI DESIGN, SAS whose registered office is located at 21 rue de Thann, 68200 Mulhouse (France) registered with the Mulhouse Trade and Companies Register under the number 809 372 618 00011, and with intra-community VAT number FR91 385 385 84, will collect payments and make refunds for all payments made via this platform. However, PayPal is the only one, through its secure space, to have knowledge of the customer's banking information. This information does not transit in any way on the site "www.spinali-design.fr".

Your card data will be encrypted to reduce any risk of unauthorized access. Once your order has been placed, we will formulate a request for pre-authorization to debit your credit card to ensure that you have sufficient funds to complete the transaction.

By providing your credit card number you confirm that the credit card belongs to you. Credit cards are subject to validity checks and authorization by the card issuer. If we do not receive the required payment authorization, we will not be liable for any delay or failure to deliver the Products and we will not be able to enter into a Contract with you.

13. VALUE ADDED TAX

Purchases made via this website are subject to value added tax (VAT) at the rate legally in force on the day of sale.

14. EXCHANGE/RETURN POLICY

14.1 LEGAL RIGHT OF WITHDRAWAL

Right of withdrawal

As a consumer, you have the right to withdraw from the Agreement within 14 days without giving any reason. The 14-day period begins on the date on which you or a third party designated by you comes into physical possession of the products or, in the case of several products that are part of the same order but delivered separately, after 14 days from the date on which you or a third party designated by you comes into physical possession of the last product ordered.

In order to exercise your right of withdrawal, please inform SPINALI DESIGN of your decision by means of an unequivocal written statement (in particular by means of e-mail or post). You can contact us by telephone at (+33) 03.89.33.00.08 (call not surcharged, excluding possible costs according to your operator) or by post at the following address: SPINALI DESIGN, 21 rue de Thann, 68200 Mulhouse, France, or by filling in the form provided for this purpose.

In order to comply with the withdrawal period, you only need to inform us of your decision to exercise your right of withdrawal before the expiry of this withdrawal period.

Effects of withdrawal

If you decide to withdraw from the Agreement, we will refund all amounts paid, including the cost of delivery to the original delivery location, as soon as possible.

The method of refund will be the same as the method of payment you used for the original transaction. In any case, this refund will not involve any fees at your expense. Return shipping costs are at your expense. Regardless of the foregoing, we will not be able to defer the refund until we have received the returned products or until you have provided us with proof of the return of the products, whichever is earlier.

Please return the products in question to the following address: 21 rue de Thann, 68200 Mulhouse, France. Without undue delay, and in any event within 14 days of notification of your decision to withdraw from this Agreement as set out below. The time limit is respected if you return the products to us before the expiration of the 14-day period. Any direct costs incurred as a result of the return of the products will be at your expense.

Your responsibility is only engaged with regard to the depreciation of the value of the products resulting from manipulations other than those necessary to ensure the nature, characteristics and functioning of the products.

14.5 CHANGING SIZE (OR COLOR)

Notwithstanding the provisions of Article 14.1, if you consider that the size or color of the item you have purchased is not suitable for you, regardless of your legal right of withdrawal, you may request a change to this item by filling out the return form, subject to:

That it is the same item

That the price be the same

The time limit for return or exchange is 10 days from receipt of your package. In all cases, the items must be returned in their original packaging, complete, labeled, new, unworn, unwashed, accompanied by all accessories and the return slip (provided with your order) filled out, to the following address: 21 rue de Thann 68200 Mulhouse France.

14.6 RIGHT OF RETRACTION AND RETURN OF ORDERS FROM ANOTHER COUNTRY

If you have ordered products from a member country of the European Union other than France via this website, we inform you that under no circumstances (with the exception of clause 14.4 for which the present clause 14.6 does not apply) will we bear delivery costs for destinations other than those corresponding to the initial delivery address. Nor will we bear any return shipping costs from destinations other than metropolitan France.

The withdrawal form and the return form can be downloaded and printed from the following pages :

.

➤ Cancellation form

➤ Return voucher

15. LIABILITY AND DISCLAIMER

15.1.

Our liability under these Terms and Conditions shall not be engaged in the event that the nonperformance of our obligations is attributable to the act of a third party, to your fault or to an event of force majeure as defined by Article 1218 of the French Civil Code and by case law.

Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:

Death or bodily injury caused by our negligence;

Fraud or fraud;

In all cases where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit our liability.

Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not warrant the accuracy or security of any information transmitted or obtained through this website, unless expressly stated otherwise.

All documents, descriptions and product information on this website are provided "as is" without warranty of any kind, either express or implied, except as required by law.

In this sense, if you are a party to the Contract as a consumer, we are obliged to deliver to you products that comply with the contractual provisions and we are liable to you for any lack of conformity noted at the time of delivery. Products are considered to be in conformity with the contractual provisions if the following conditions are met:

They must conform to the description we have provided and have the characteristics we have set out on this website;

They must be suitable for the purposes for which products of this kind are generally designed;

They must meet the quality and performance criteria that are generally accepted for products of the same kind and that can reasonably be expected.

To the extent permitted by law, all warranties are excluded, except for warranties to consumers, which cannot legitimately be excluded.

SPINALI DESIGN guarantees consumers against defects of conformity and latent defects for the products on sale on this website, in accordance with the legal guarantee of conformity provided for by articles L.217-4 and following of the French Consumer Code, and the guarantee against latent defects, as defined by articles 1641 and following of the French Civil Code, allowing you to return defective or non-conforming products delivered.

It is reminded that the consumer who decides to act in legal guarantee of conformity:

Has a period of two years from the delivery of the good to act;

Can choose between repair or replacement of the good, subject to the conditions related to the cost, provided for in Article L.217-9 of the Consumer Code;

Is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

The consumer may decide to invoke the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this hypothesis, the consumer can choose between the resolution of the sale and a reduction of the selling price, in accordance with article 1644 of the Civil Code.

Reminder of the provisions of the consumer code:

Article L 217-4 of the Consumer Code: The seller is required to deliver a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility.

Article L 217-5 of the Consumer Code: To be in conformity with the contract, the goods must : Be fit for the use usually expected of a similar good and, where appropriate :correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Reminder of the provisions of the Civil Code:

Article 1641 of the Civil Code: The seller is bound by the warranty because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from defects must be brought by the purchaser within two years from the discovery of the defect.

15.2 MEDIATION

As a consumer, if you feel that your rights have been violated, you can send your complaint to the following email address: contact@spinali-design.fr in order to request an amicable settlement.

Also, if your purchase was made on our website, we hereby inform you that, in accordance with European Regulation No. 524/2013, you have the right to request the resolution of your dispute on the platform dedicated to online dispute resolution of the summons accessible via the following form: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

16. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all information or content on this website shall at all times be owned by us or our licensors. You may only use such information to the extent that you are expressly authorized to do so by us or those who have granted the license.

17. VIRUSES, HACKING AND OTHER COMPUTER CRIMES

You must not misuse the Website by intentionally introducing viruses, Trojan horses, worms, logic bombs and other malicious or technologically harmful devices. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database in connection with our site. You agree not to attack this website through a denial of service or distributed denial of service.

Any violation of this clause constitutes a tort under applicable law. We will notify the appropriate authorities of any such violation and will cooperate with such authorities to discover the identity of the hacker. Similarly, in the event of a breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or damage resulting from a denial of service attack, a virus or any other malicious or technologically harmful device or material caused to your computer, equipment, data or information as a result of your use of this website or after downloading files from this website or files from other sites to which this website has directed you.

18. LINKS ON OUR WEBSITE

If our website contains links to other third party sites and data, these links are provided for information purposes only and we have no control over the content or data on these sites. Accordingly, we accept no liability for any loss or damage resulting from the use of such links.

19. COMMUNICATION IN WRITING

Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us will be primarily electronic. We will contact you by e-mail or notify you through alerts posted on our website. For contractual purposes, you consent to the use of this electronic means of communication and you agree that all contracts, announcements, information and other messages that we send to you electronically comply with the legal provisions requiring such communications to be in writing. This provision does not affect your rights.

20. NOTICES

Please preferably use our contact form to send us your notifications. Unless otherwise specified, in accordance with the provisions of clause 22 above, we may send you notices to the e-mail or postal address you provide when you place your order.

It is understood that notifications will be properly made and received at the same time as they are published on our website, 24 hours after an email is sent, or three days from the date of postage of any letter. In order to prove that a notice has been given, it will be sufficient to show, in the case of a letter, that the address was correctly written and that it was franked and mailed; in the case of an e-mail, it will be sufficient to show that it was sent to the e-mail address indicated by the recipient.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on the parties and on their respective successors, assigns and assigns. You may not transfer, assign, charge or otherwise transfer any Contract or any of the rights or obligations under it without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise transfer a Contract or any of the rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, any such transmission, assignment, encumbrance, charge or other transfer will be without prejudice to your statutory rights, if any, as a consumer, and will not constitute any limitation, restriction or exclusion of any express or implied warranties we may have given you.

22. FORCE MAJEURE

We shall not be liable for any non-performance or delay in the performance of our contractual obligations caused by events beyond our reasonable control as defined in Article 1218 of the Civil Code and by case law.

It is understood, on the one hand, that our contractual obligations will be suspended for as long as the Force Majeure event lasts and, on the other hand, that our performance deadlines in order to meet these obligations will be extended for a period equivalent to that of the Force Majeure event. We will make every effort to stop the Force Majeure or to find a solution enabling us to perform our contractual obligations despite the Force Majeure.

23. RIGHTS OF RENUNCIATION

If we cease to require strict performance by you of your obligations under the Agreement or any of these Terms, or if we fail to exercise any of our rights or remedies to which we are entitled under the Agreement or any of these Terms, this will not constitute a waiver or limitation of such rights or remedies and will not relieve you of your obligations.

No waiver by us of any specific right or remedy shall constitute a waiver of any other rights or remedies under the Agreement or the Terms.

No waiver by us of any of these rights, remedies or conditions under the Agreement will be effective unless it is expressly stated to be a waiver and is communicated to you in accordance with the notice provision above.

24. PARTIAL NULLITY

If any of these Terms and Conditions or any of the provisions of the Contract is deemed null and void by virtue of an irrevocable decision by a competent authority, the other terms and conditions shall remain applicable without being affected by this decision.

25. ENTIRE AGREEMENT

These Terms and any document indicated in these same Terms constitute the entire Agreement between the parties with respect to the subject matter hereof, and supersede any prior oral or written agreements, promises or understandings between the parties.

The parties agree that neither of them has relied on any statement or promise made by the other party or possibly arising from any written or oral statement made during the negotiations between the parties prior to the conclusion of the Contract, except as expressly provided in these Conditions.

Each of the parties waives any recourse in respect of any false oral or written statements made by the other party prior to the date of signature of the Agreement (unless such false statements were made in a fraudulent manner). The sole remedy available to the other party shall be for breach of the Agreement, as provided in these Terms and Conditions.

26. OUR RIGHT TO AMEND THESE TERMS

We have the right to revise and amend these Terms at any time. You are subject to the provisions and Conditions in effect at the time you use this website or place an order, unless we are required by law or competent authorities to amend these provisions, Conditions or Privacy Policy retroactively. In this case, any changes will also apply to orders you have previously placed.

27. APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products on this site shall be governed by French law.

Any dispute arising out of or relating to the use of the site or the said Contracts shall be subject to the non-exclusive jurisdiction of the French courts and tribunals.

The provisions of this clause in no way affect the rights you enjoy as a consumer under the applicable legislation in this area.

28. COMMENTS AND SUGGESTIONS

Your remarks and comments are always welcome. You can send them to us using the contact form.

Last update: 18/01/2021