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The General Terms & Conditions of Sale

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") are concluded exclusively between (1) SWEET PANTS, registered in the Nanterre Trade and Companies Register under number 800418857, whose registered office is located at 19 allée de l'Europe, 92110 Clichy, France, in its capacity as publisher of the SWEET PANTS website, clothing sales service, the exclusive holder of the licence to use the SWEET PANTS brand on the web (hereinafter referred to as the "Site") and (2) any person making a purchase on the SWEET PANTS Site (hereinafter referred to as the "Customer").
 

The Customer hereby formally declares that he or she is a private individual, not a professional or trader, that he or she is of legal age or has parental authorization and that he or she has full legal capacity to enter a contract and place an order online on the SWEET PANTS website (hereinafter referred to as the "site").

 

The Customer and SWEET PANTS agree that their relationship is governed exclusively by these General Terms and Conditions of Sale.

In this respect, the Customer acknowledges that any order validated by "double-clicking" implies irrevocable acceptance of these General Terms and Conditions of Sale. This validation by the Customer, together with the authentication and non-repudiation procedure and the protection of the integrity of the messages, constitutes the manifestation of the unequivocal will of the Parties, who are thus deemed to be signatories of the distance selling act.

 

SWEET PANTS reserves the right to adapt or modify these General Terms of Sale at any time. Each order shall be deemed to have been placed in accordance with the terms of the GTC in force on the day on which it is placed on the SWEET PANTS website, with the date on which the GTC are posted online being deemed to be the date of entry into force.

 

For any questions relating to an online purchase, the Customer may contact SWEET PANTS Customer Services
- Either directly on the website, using the contact forms by accessing their personal space in "My Account",
- Or by telephone on 0147930885, Monday to Friday from 10:00 to 17:00,  
- Or by post to the following address: contact@sweet-pants.com

1. VALIDATION OF THE ORDER ON THE SWEET PANTS WEBSITE

To place an order on the SWEET PANTS website, the Customer will be guided through the following steps:
  - Selecting the products on the site in the "Shopping Cart",
  - Choosing, when offered, the delivery method for the products displayed in the "Basket",
  - Presentation of the summary of the order, which can be modified, and its total price,
  - Choice of payment method,
  - Sending an order validation email to the Customer confirming its registration after acceptance of its payment.
 
The order validation email sent to the Customer confirms SWEET PANTS' acceptance of the Customer's order and confirms the formation of the sales contract between the Parties.

You have 15 minutes to cancel your order. After this time, we unfortunately cannot cancel the order. You can refuse the parcel on delivery or ask for a return slip to be reimbursed. 

ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS

The products displayed on the SWEET PANTS website at a given time are in principle deemed to be available in stock at that time, except in the case of a time-limited offer in the context of a particular operation expressly mentioned as such on the product page.
 
This a priori availability is checked after the order has been accepted in payment and is confirmed by the dispatch of the dispatch email by SWEET PANTS.
 
If one or more products are unavailable, SWEET PANTS undertakes either to offer the Customer a new delivery date for the product(s) ordered or to reimburse the Customer by re-crediting the payment method used at the time of purchase, within 14 calendar days of payment of the order. If a technical event prevents the crediting of the payment method used, SWEET PANTS will offer to issue a bank cheque to the Customer's order and send it by post to the billing address provided.  
 
The products and prices offered are deemed to be those displayed at the checkout represented by the "CART" page of the SWEET PANTS website. Therefore, only the price indicated on this page, corresponding to the price invoiced to the Customer at the time of ordering, is binding on SWEET PANTS from a contractual standpoint. SWEET PANTS shall not be held liable for any typographical errors on any other page that may occur concerning graphic and/or promotional elements on the site.

ARTICLE 3: PRICES

The prices displayed on the SWEET PANTS website are expressed in euros (€) and are public prices including all charges as they may be applicable in mainland France on the date of consultation of the said offers. The VAT applied is in force on the date the order is placed. Specific taxes, other than VAT, applicable according to the regulations (for example, the furniture ecotax or the participation ecotax), are only indicated on the shopping cart page, which is the only authentic page mentioned in the last paragraph of article 2 above.
 
All product prices are displayed on the SWEET PANTS website, excluding delivery costs or other ancillary services. They only include the price of the product itself, as described, and its packaging.
 
SWEET PANTS reserves the right to change its prices at any time but undertakes to apply the prices displayed at the time of the order, subject to availability on that date.
 
The products remain the property of SWEET PANTS until full payment has been received.

ARTICLE 4: PAYMENT

4.1 METHODS OF PAYMENT

Regardless of the method of payment chosen among those accepted on our site, the orders will be deemed recorded only after validation or receipt of payment.

Therefore, until the payment is validated by the intermediary chosen by the consumer, the order cannot be prepared by SWEET PANTS.

 

4.1.1 Cash payment by credit card

Payment may be made by the following credit cards: Carte Bleue, VISA, MASTERCARD, and MAESTRO.

The Customer can consult the General Terms and Conditions of Sale and Use of each of these cards on the websites of our partners.

The choice of one of these payment cards implies tacit acceptance of the general terms and conditions of sale and use of these partners.

We invite our customers to refer to them, as SWEET PANTS cannot be held responsible for the conditions set by these independent partners.

 

Online payment by credit card is perfectly secure and allows you to enter the card number, expiry date, and security code in the spaces provided. Indeed, the credit card details are encrypted thanks to the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. SWEET PANTS has no access to these details and cannot store them on its servers. Therefore, they are requested again for each new transaction on our site.

 

4.1.2 Cash payment via PayPal

Payments by PayPal are accepted on the SWEET PANTS website and are made via the partner in question and accordance with its general terms and conditions of sale and use of its services.

 

By choosing this payment method, you tacitly accept the partner's general terms and conditions of sale and use.

We invite our customers to refer to these terms and conditions, as SWEET PANTS cannot be held responsible for the conditions set by these independent partners.

 

PayPal's general terms and conditions of sale and use.

 

4.2 COMBATING FRAUD

SWEET PANTS reserves the right to check the validity of the payment before the order is dispatched, by any means it deems necessary (in particular, proof of identity, proof of address, etc.).

 

4.3 PAYMENT INCIDENT

SWEET PANTS reserves the right to refuse to make a delivery or to honor an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. In the event of fraud, SWEET PANTS reserves the right to deregister any member without notice or compensation.

ARTICLE 5: DELIVERY

5.1 ORDER PREPARATION TIMES
 
SWEET PANTS reserves the right to subcontract all or part of the preparation and dispatch of the order to a third party appointed to carry out this service.
As all products sold by SWEET PANTS are deemed to be available in stock, orders are prepared within 72 working hours from the first working day following the registration of the order within the meaning of these GTC. Orders placed on a Saturday, Sunday, or public holiday will be processed on the next working day.
 
All the delivery times mentioned on the SWEET PANTS website are to be understood as clear delivery times.
The product ordered is delivered to the address shown on the order form and recorded as the "delivery" address.
In the event of an input error, in particular an incorrect or incomplete delivery address, SWEET PANTS shall not be held liable for the consequences in terms of delay or impossibility of delivery. Any costs associated with the reshipment of products following an error in the Customer's entry will be borne exclusively by the Customer.
 

5.2 DELIVERY TIMES FOR ORDERS
 
SWEET PANTS reserves the right to choose the most appropriate mode of transport depending on the nature of the product, its weight, and volume, which the Customer declares that he/she is aware of and accepts.
 
Delivery times may not exceed 30 working days after the date of validation of payment by the Customer (date of registration of the order).
 
Delivery times cannot be guaranteed in the event of force majeure, as defined by law and jurisprudence. The delivery times do not consider any procedures for checking the Customer's payment which would delay the dispatch of the order (see the provisions of article 4.2).
The announced delivery times run from the moment the order is registered. The expected delivery date is indicated when the order is placed and on each of our product sheets. This time is an average time corresponding to the service used for delivery in continental France. In the event of an absence, the Customer will be responsible for collecting the product from the relevant departments.
 

5.3 DELIVERY TRACKING

 
Customers can track their order at any time using the order number given to them in the email formally registering their order, in their "My Account" space on the SWEET PANTS website.
 
This space allows precise monitoring of the order and its status, particularly concerning shipment or delivery, for each mode of transport provided.
  
Please note that all communication between the Customer and the SWEET PANTS website takes place mainly by email, and it is, therefore, essential that the Customer provides SWEET PANTS with a valid and regularly updated email address. Otherwise, SWEET PANTS cannot be held responsible for the consequences of providing an incorrect or outdated email address.


5.4 DELIVERY AREAS
 
SWEET PANTS delivers the order worldwide.

 
5.5 SPECIFIC DELIVERY METHODS
 
The delivery methods for SWEET PANTS products are determined by SWEET PANTS and depend on whether they are eligible for postal delivery.
 
When a product is eligible for the postal delivery, the Customer may choose between collection from a Collection Point or delivery to their home by Colissimo.
 
Once these transport methods have been validated and before the order is paid for, the SWEET PANTS website will display a summary of the order by transport method, for which the products in question are eligible and according to the option chosen by the Customer when it was offered. The cost of the transport methods affected or chosen will then be displayed before the order is paid for.
 
When the order has been duly prepared and is ready for shipment, the Customer will receive an email relating to the shipment of each part of his order by the mode of transport so agreed.
 
  ⇒ Delivery at a Collection Point:
SWEET PANTS offers the Customer who has chosen the "Pick-up Point" option, the names and addresses of professionals offering these services closest to the chosen delivery location. The Customer may consult the opening hours and days of the chosen Collection Point.
Upon receipt of the order at Relay Point, the Customer has 14 calendar days to collect his parcels. If they fail to do so, the order will be returned to SWEET PANTS, which will contact the Customer by email to readdress the order at its expense. If the Customer does not return the order within 7 days of the reminder email being sent, SWEET PANTS will consider that the Customer has exercised his right of return and will proceed to reimburse the Customer under the conditions laid down for exercising the right of withdrawal (see Article 6-1 of these GTC).
 
  ⇒ Delivery by Colissimo:
Delivery by Colissimo is a service offered by the French Post Office and is subject to its own General Conditions of Use. In the event of absence and impossibility of depositing the parcel with a guard, the Customer will receive a notice of passage. He will then have a period of 14 calendar days to collect his parcel from the post office indicated on the said notice. If they fail to do so, the order will be returned to SWEET PANTS, which will contact the Customer by email to readdress the order at its own expense. If the Customer does not return the order within 7 days of the reminder email being sent, SWEET PANTS will consider that the Customer has exercised his right of return and will proceed to reimburse the Customer under the conditions laid down for exercising the right of withdrawal (see Article 6-1 of these GTC).
 

5.6 DELIVERY RATES
 
The invoicing of transport is based on a calculation rule that considers the destination on the one hand and the weight of the package on the other.
The prices indicated are all in euros (€), including all taxes and charges, including the VAT rate in force on the day of delivery.
 
The charges are calculated automatically when a product is added to the basket based on delivery in continental France. The Customer may freely consult the billing and the carrier associated with his products.
 
The final calculation of shipping costs for other destinations is made once the postal code has been entered into the delivery address and before the Customer confirms the order.
 
Specific offers for free shipping are only valid for shipments to continental France, unless otherwise expressly stipulated.
 

ARTICLE 6 : RIGHT TO WITHDRAW

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

  ⇒ Time limit
Per the provisions of Article L. 121-21 of the Consumer Code, the Customer has a period of 14 calendar days to exercise his right of withdrawal, without having to justify his decision on any grounds. The period runs from the day after the order is received.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period, the period shall run from the receipt of the first good.
 
  ⇒ Exercising the right of withdrawal
To exercise their right of withdrawal, Customers must inform SWEET PANTS of their decision by sending them, before the expiry of the 14-day period, the standard withdrawal form provided for this purpose, which will have been sent to them with the order validation email (and reproduced in the appendix to these GTC), or any other unambiguous statement expressing their desire to withdraw.
 
 
  ⇒ Loss of the right of withdrawal
Under Article L 121-21-8 of the Consumer Code, it is recalled that the right of withdrawal cannot be used for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal
 
2. the supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period
 
3. the supply of goods made to the consumer's specifications or personalized
 
4. the supply of goods that are likely to deteriorate or expire rapidly
 
5. the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
 
6. the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles
 
7. the supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed upon after the contract depends on fluctuations in the market which are beyond the control of the trader
 
8. maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency
 
9. the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
 
10. the supply of a newspaper, periodical, or magazine, except for contracts for subscriptions to such publications
 
11. Concluded at a public auction
 
12. The provision of accommodation services, other than residential accommodation, transport services, car rental, catering, or leisure activities that must be provided on a specific date or at a specific time
 
13. the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
 
  ⇒ Condition relating to the state of the product
To exercise this right of withdrawal, the returned product must be returned in a condition that allows it to be sold again immediately. The product must therefore be returned in new condition, with all the instructions and accessories with which it was delivered and in its original packaging. SWEET PANTS reserves the right to refuse to refund the product if all these conditions are not met.
 
  ⇒ Refund procedure
If the right of withdrawal is exercised within the period, and per the provisions of Article L121-21-4 of the French Consumer Code, SWEET PANTS will reimburse the Customer for the price of the product(s) returned and the cost of shipping the product(s) in question within 14 calendar days of the date on which it was informed of the Customer's decision to withdraw.
SWEET PANTS nevertheless reserves the right to defer the refund until the goods have been recovered or until the Customer has provided proof of dispatch of the goods, whichever comes first.

Reimbursement will always be made based on the amounts paid by the Customer, as shown on the invoice. However, SWEET PANTS reserves the right to refuse to reimburse the additional delivery costs incurred by a more expensive delivery method expressly chosen by the Customer when Sweet Pants had offered a standard delivery method.
 
The shipping costs to be refunded will be determined as if the Customer had never purchased the returned product(s).
Finally, as a matter of principle, and unless the Customer expressly requests otherwise, SWEET PANTS will refund the Customer by re-crediting the payment method used for the payment. If it is physically impossible to use this procedure, SWEET PANTS will offer to issue a bank cheque to the Customer for the amount due and send it by post.
 
The cost of returning the goods is expressly borne by the Customer, who acknowledges and accepts this by accepting these General Terms and Conditions of Sale.
 

ARTICLE 7 : CLAIMS ON THE ORDER

If, when unpacking the products, the Customer discovers within 15 calendar days of receiving the order that a product does not comply with the order or the product sheet (e.g. error in the product, model, color, etc.), SWEET PANTS undertakes to replace the product or to reimburse the Customer for the full cost of the product as soon as the defect has been identified and confirmed.
 
To do this, the Customer should contact SWEET PANTS Customer Service to make the complaint and follow the procedure given:
After receiving the product duly returned and noting the non-conformity or damage reported by the Customer, SWEET PANTS may, at its sole discretion
 - either send a new product to the Customer, at no extra cost
 - or refund the sums paid for the product.
Any other potential defect during the "life" of the product will be assessed as part of the after-sales service.
 

ARTICLE 8: SERVICE

Apart from the commercial or legal guarantee, the Customer may always contact SWEET PANTS Customer Service to answer questions about the use of a product, its maintenance procedures, or the ordering of a defective part.

ARTICLE 9 : INTELLECTUAL PROPERTY RIGHTS

All elements of the SWEET PANTS website, whether visual or audio, including the brand, logo, texts, photos, videos, and domain name, are protected by copyright, trademark, or patent law. The SWEET PANTS website editor is the holder of an exclusive license and exploitation contract granted by their owner. As such, and per the provisions of the Intellectual Property Code, only private use is authorized, subject to different, even more, restrictive provisions of the Intellectual Property Code.
 
Any total or partial reproduction of the SWEET PANTS website or its audio, visual, or text content is prohibited without written consent.  

ARTICLE 10 : LIABILITY

For all stages of access to the site, the ordering process, delivery, customer service, or subsequent services, SWEET PANTS is under an obligation of means only. Consequently, SWEET PANTS shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, external intrusion, the presence of computer viruses, or any event qualified as force majeure, per case law.

 

Furthermore, SWEET PANTS shall not be held liable if the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 11 : INTEGRALITY

If one of the clauses of this contract is declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with all the other provisions of these General Terms of Sale.

ARTICLE 12 : DURATION

This GTC applies for the duration of the online services and products offered by SWEET PANTS.

ARTICLE 13 : PROOF

The computerized registers, kept in the computer systems of SWEET PANTS and its partners under reasonable security conditions, will be considered as proof of the communications, orders, and payments made between the Parties.
 

ARTICLE 14: RETENTION AND ARCHIVING OF TRANSACTIONS

Order forms and invoices are archived on a reliable and durable medium to correspond to a faithful and durable copy per Article 1348 of the Civil Code.

ARTICLE 15: DISPUTES

These conditions are governed by French law.
In the event of a dispute, SWEET PANTS and the Customer will attempt to resolve it amicably, either through a conventional mediation procedure or through any other alternative dispute resolution method. If the settlement fails, only the French courts shall have jurisdiction.
 

ARTICLE 16: SWEET PANTS CUSTOMER SERVICE

For any information or questions, SWEET PANTS' Customer Service is available to the Customer:
- Either by telephone on 0147930885, Monday to Friday from 10 am to 5 pm,
- Electronically via the contact form, after logging into the "My Account" area.
For all subsequent electronic correspondence and to facilitate the requests, it is advisable to use the email address used for the Customer account.
- Or by post to the following address: contact@sweet-pants.com
 

ARTICLE 17 : DATA PROTECTION PROVISIONS

Per the provisions of Law No. 78-17 of 6 January 1978, known as the "Data Protection Act", relating to information technology, files, and freedoms, the automated processing of personal data carried out on the SWEET PANTS website has been declared to the French Data Protection Authority (CNIL).
 
The collection of your data is mandatory for the management of your purchases and the follow-up of your orders. Your data is intended for use by SWEET PANTS and all its partners in charge of managing your orders and deliveries and the administrative authorities concerned.
 
Subject to your consent, the collection of your data may also enable you to receive our newsletters and promotional or commercial offers from the SWEET PANTS website or its commercial partners.
 
Any person has a permanent right to access, modify, rectify and delete personal data concerning him or her per Articles 39 and 40 of the French Data Protection Act (Loi Informatique et Libertés) No. 78-17 of 6 January 1978. To exercise this right, send a letter to the postal address SWEET PANTS.


Security of your data
 
SWEET PANTS undertakes to comply with the provisions of the French Data Protection Act of 6 January 1978.
 
SWEET PANTS ensures optimal security measures against the loss, misuse, and alteration of the information entrusted to it by Internet users. All data received on the SWEET PANTS website is saved daily and stored on a backup medium.

 
Cookies
 
During the consultation of the Site, navigation cookies may be implanted in the visitor's computer and record information relating to the navigation of the visitor's computer on the Site such as the pages consulted, the date and time of consultation, etc. A passing banner of information is then displayed and allows the visitor to oppose it.  At any time, the visitor can deactivate any installation of cookies by adapting the configuration of his or her Internet browser accordingly.
 
While most browsers are set by default to accept the installation of cookies, the visitor has the option of disabling the use of cookies by selecting the appropriate browser settings. However, refusal of cookies and other cookies may prevent access to certain features, pages, and/or areas of the Site, which the visitor expressly accepts.
 
To learn more about cookies, please click here
 
 
Google Analytics 
 
SWEET PANTS reserves the right to track the use of the website by the visitor using the web analysis service Google Analytics provided by Google Inc. The Google Analytics system uses cookies (see paragraph above).
 
The data generated by the cookies concerning the use of the website by the user (including the IP address of the connection) will be transmitted and stored by Google Inc. on servers located in the United States. This data will be used to evaluate the use of the website, compile reports on website activity for SWEET PANTS, and provide other services relating to website activity and Internet use.
 
Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on its behalf, including the publisher of this website. Google Inc. will not associate the visitor's IP address with any other data it may hold. The visitor can deactivate the use of cookies by selecting the appropriate settings on his browser. However, such deactivation could prevent the use of certain functionalities, pages, and/or areas of the Site, which the visitor expressly accepts. By using the Website, the visitor expressly consents to the processing of his or her data by Google Inc. under the conditions and for the purposes described above.

ANNEX : WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract)
 
To SWEET PANTS

I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the following goods (*)/service (*):
 
  - Name of the good :
 
  - Reference of the good :
 
  - Order number :
 
  - Ordered on(*)/ received on (*)
 
  - Name of consumer(s)
 
  - Address of the consumer(s)
 
  - E-mail address used for the consumer(s)' customer account :
 
  - Signature of consumer(s) (only if this form is notified on paper)
 
  - Date
 
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