Terms and conditions
1. DEFINITIONS AND INTERPRETATION
1.1. For the application of these Terms and Conditions, the terms and expressions beginning with a capital letter will have the meaning indicated below:
Customer: Natural or legal person acquiring one or more Products through Septième Largeur's Website
Consumer Customer: Customer having the status of consumer or non-professional in application of the provisions of the French Consumer Code
Order: Customer's purchase order for one or more Products, placed via the Site
Terms and Conditions: These terms and conditions of Septième Largeur which apply to any Order placed on Septième Largeur's Website
Special Conditions: The specific conditions of the order (price, duration, technical characteristics, etc.) appearing on the Site on the date of the Validation of the Order
Contract: Septième Largeur's Terms and Conditions and Special Conditions. In case of contradiction, the Special Conditions take precedence over the Terms and Conditions.
Order Date: Has the meaning given to it in Article 3.1.5
Product: Good or service offered for the Customer to Order on the Site
Septième Largeur: SASU HOC, owner of the 'Septième Largeur' brand with its registered office at 59 rue saint-Lazare, 75009 Paris, registered in the Paris Commercial Registry under the number 530 757 509 and with phone number: 01 55 32 33 10; firstname.lastname@example.org
Site: Infrastructure (including any modification or update) operated and developed by HOC according to the digital formats that may be used on the Internet, including data of different kinds, and in particular texts, sounds, still or moving images, videos or databases intended to be consulted by the Customer in order find out more about its products and services. The internet addresses are: https://www.septiemelargeur.fr/fr/, and any other Internet address chosen by Septième Largeur, as well as any other substitute site determined by Septième Largeur.
Order Validation: Has the meaning given to it in Article 3.1.3
1.2. References to articles are references to articles of these Terms and Conditions, unless otherwise provided.
1.3. References to the singular shall include the plural and vice versa.
1.4. Any reference to one gender includes the other gender.
2. SCOPE OF APPLICATION
2.1. These Terms and Conditions aim to define the contractual relations between Septième Largeur and the Customer and the conditions applicable to any purchase made through the Site, whether the Customer is a professional or a consumer.
2.2. The acquisition of a Product through the Site implies the Customer's unreserved acceptance of the Terms and Conditions.
2.3. Only natural persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order. The Customer guarantees that it has full legal capacity to adhere to the Contract and conclude the Sale.
2.4. Septième Largeur reserves the right to modify the Contract at any time. The Terms and Conditions and Special Conditions applicable will be those in force on the Customer's Order Validation.
2.5. The purchase of Products through the Site is reserved for Customers selecting a delivery address in France, overseas departments and territories, Monaco and in the countries served by our carrier, the list of which can be consulted by clicking on the following link [link], excluding Taiwan.
2.6. Unless otherwise agreed in writing by Septième Largeur expressly and prior to the Date of the Order, the relations between Septième Largeur and the Customer are exclusively governed by the Contract, which will prevail over any other contractual document issued by the Customer.
2.7. The fact that a party does not invoke any clause of the Terms and Conditions at a given moment cannot be interpreted as a waiver of the right to invoke the obligation in question.
2.8. In accordance with the provisions of Article 1125 of the French Civil Code, the Terms and Conditions can be saved by any person visiting the Site, by means of digital recording, and may also be reproduced by the Customer in print.
3.1. Order Placement
3.1.1. Any Order implies acceptance of the prices and descriptions of the Products displayed on the Site on the date of the Order Validation.
3.1.2. The Customer is required to refer to the description of each Product appearing on the Site in order to familiarise themselves with its properties, essential features and delivery times.
3.1.3. The Customer must select the Products they wish to order on the Site as follows:
- If they are already a customer, by entering the username and password sent to them during their first purchase,
- Otherwise, by completing the identification form with all of their Customer details (Last name, First name, Address, Phone number, Email address),
- Choose the Product (model, quantity, size, etc.),
- Complete the delivery information,
- Accept the Terms and Conditions, o Select their payment method,
- Confirm their Order and pay ('Validation ').
The Customer will have the chance to check the details of their Order and its total price, and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the Order and to rectify any errors immediately.
3.1.4. The Order will only be definitively accepted by Septième Largeur after validation of the payment by its service provider for the validation of electronic payments. The time required for this acceptance may range from few minutes, for a Customer who has already made purchases on the Site and who has an account, to a few days. Septième Largeur and/or its service provider reserve the right to request supporting documents from the Customer in order to combat fraud.
3.1.5. Septième Largeur will send confirmation of the Order by email. The Order will be considered final and the Contract validly formed as of Septième Largeur's receipt of the Order's confirmation ('Order Date').
3.1.6. All data provided and confirmation recorded serve as proof of the transaction.
3.1.7 Payment in 3X 4X: The customer hereby accepts the legal notices of Oney accessible from here : https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf
3.2. Order Refusal
3.2.1. Septième Largeur reserves the right to refuse any Order from a Customer with whom there is an existing dispute in relation to the payment of a previous order.
3.2.2. Septième Largeur will refund the refused Order.
3.2.3. An Order refused by Septième Largeur will not give rise to any right to any compensation for the Customer, other than reimbursement of the price paid.
3.4. Product availability is indicated on the Site at the time of the Order. Septième Largeur undertakes to honour Orders only within the limits of available stock.
3.5. In the event that the Product is unavailable after the Order Date, Septième Largeur undertakes to inform the Customer by email as soon as possible. The Customer may choose either to keep their Order, which will then be processed as soon as the Product becomes available, or to cancel their Order and be refunded the corresponding amounts according to the terms defined in Article 4.7.
4. PRICE AND PAYMENT CONDITIONS
4.1.1. The Products offered by Septième Largeur are supplied at the prices in force on the date of the Customer's Order Validation.
4.1.2. The prices displayed on the Site are indicated in euros, all taxes included.
4.1.3. Shipping costs are excluded from the prices displayed; they are calculated and communicated to the Customer prior to the Customer's Order Validation.
4.1.4. Septième Largeur reserves the right to modify its prices at any time and without notice, it being understood that the applicable price is that appearing on the Site on the day of the Order Validation.
4.2. Payment procedure
4.3. Unless Septième Largeur has expressly and previously agreed in writing, the price is payable in cash, in full on the day of the Customer's Order Validation, using the following means of payment: credit card (Carte Bleue, Visa, MasterCard), via the PayPlug or PayPal payment platforms.
4.4. Payment by credit card is irrevocable, except in the event of the card's fraudulent use. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
4.5. Payments made by the Customer will only be considered final after full collection of the sums by Septième Largeur.
4.6.1. An invoice will be drawn up in duplicate and one copy will be given to the Customer after payment of the Order.
Refunds authorised under the conditions defined by the Terms and Conditions are made either by credit to the bank account, via the PayPlug payment platform, or via the debited PayPal account, at Septième Largeur's choice.
5.1. Preliminary information
5.1.1. The Customer undertakes to communicate all information relating to the delivery conditions (place, recipient, etc.) when placing the Order. Septième Largeur will not be held responsible for any impossibility of delivering the Product when this is caused by an error on the part of the Customer, in particular with regard to the wording of the recipient's contact details.
5.1.2. For Consumer Customers, delivery consists of the transfer of physical possession or control of the Product to the Customer.
5.1.3. For Customers acting for professional purposes, the Products – even if sent carriage paid – travel at the expense, risk and peril of the Customer, who will be responsible for making any reservations or exercising all recourse with the responsible carriers in the event of damage, loss or missing items. The transfer of risks will take place when the Product is handed over to the first carrier or, if the Product is collected by the Customer from Septième Largeur's stores, when the availability notice is delivered to them, at the latest.
5.1.4. Except under special circumstances or in the case of the unavailability of one or more products, the products ordered will be delivered at the same time.
5.1.5. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by Septième Largeur, the related costs will be the subject of a specific additional invoice, according to a quote previously accepted in writing by the Customer.
5.2. Delivery time
5.2.1. Deliveries are made by an independent carrier, to the address indicated by the Customer during the Order's placement.
5.2.2. Septième Largeur offers a courier delivery service provided that the delivery address is located in the 'Delivery Area' within Paris (75).
5.2.3. Delivery times are expressed in working days, understood to mean Monday to Saturday – excluding public holidays. The delivery time will be that indicated when the Customer chooses the delivery method or, if no date is indicated – for deliveries on French territory – within a maximum period of 30 days from the Order Date.
5.2.4. Septième Largeur undertakes to ensure its best efforts to supply the Products ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
5.2.5. If the services ordered have not been provided within the deadlines indicated when placing the Order, for any reason other than force majeure or due to the fault of the Customer, the contract may be terminated at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code if, after having instructed Septième Largeur – by registered letter with acknowledgment of receipt or in writing on another durable medium – to perform delivery or provide the service within a reasonable additional period, Septième Largeur has not performed this within said period. The amount paid by the Customer will then be refunded within fourteen (14) days at the latest after the date of the contract's termination, with the exception of any compensation or deduction.
5.2.6. When the Customer is responsible for hiring a carrier that they have personally chosen, delivery is deemed to have been made when Septième Largeur hands over the Products ordered to the carrier. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and will have no recourse against Septième Largeur in the event of a failure to deliver the goods.
5.3. International delivery
5.4. The delivery times indicated when placing the Order may vary from several days to several weeks, depending on customs clearance, of which the Customer declares to be fully informed and expressly acknowledges.
5.5. Any costs and fees related to taxes and customs for international transport are the responsibility of the Customer.
5.6. Receipt of the Product
5.6.1. The Customer must take receipt of the delivered Product and verify its conformity. Each delivery presenting external damage must only be accepted by the Customer if the carrier has noted the damage.
5.6.2. Apparent damage (missing items, deterioration or other) noted on the delivered Products must be the subject of written and precise reservations on the delivery slip or, failing that, sent by the Customer to the carrier by registered mail with a copy to Septième Largeur within three (3) days, not including public holidays, following receipt of said Products. The complaint must be justified and accompanied by proof of the damage suffered (waybill, purchase invoice, photographs proving the defect or fault).
5.6.3. Without prejudice to the arrangements to be made with regard to the carrier, any claim relating to apparent damage (quantity, nature, colour, etc.) observed on the Products delivered must be sent to Septième Largeur in writing at the following address: email@example.com, within sixty (60) calendar days from receipt of the Products. The absence of any complaint addressed to Septième Largeur within the aforementioned deadlines constitutes a waiver of action on the basis of the guarantee of conformity.
5.6.4. Receipt of the Product implies the transfer of risks.
6. CLICK AND COLLECT
6.1. Septième Largeur offers a click and collect service.
6.2. The Products ordered can only be collected from the 'collection store' chosen when placing the Order.
6.3. Orders are delivered to the store chosen by the Customer, from Monday to Saturday, during store opening hours. The Customer is informed by email and SMS of the Product's availability in the store. The Product is available in store for ten (10) working days following receipt of the availability notice sent to the Customer. Beyond this period, the Order will be cancelled and Septième Largeur will refund the uncollected Product within fourteen (14) days of the date of the Order's cancellation, subject to the provisions of Article 6.4.
6.4. In the event of a failure to collect goods, Septième Largeur will only be required to refund the Products that may be subject to the right of withdrawal, as described in Article 9.1.
6.5. The Order will be delivered to the Customer upon presentation of their identity document and the order summary email they have received.
7.1. The Products ordered on the Site comply with the regulations in force in France.
7.2. The Products supplied by Septième Largeur benefit from the following, automatically and without additional payment, in accordance with legal provisions: - For Consumer Customers: the legal guarantee of conformity for Products which are apparently defective, spoiled or damaged or do not correspond to the Order, - The legal guarantee against hidden defects from faulty material, design or manufacture affecting the delivered products and making them unsuitable for use.
7.3. In accordance with Article L 217-5 of the French Consumer Code: "The goods comply with the contract: firstly, if they are fit for the customary use of similar goods and, if applicable, if they correspond to the description given by the seller and the qualities it has presented to the buyer as a sample or model; if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, including in advertising or labelling; or, secondly, if they have the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, made known to the seller and which the latter has accepted." It is recalled that within the framework of the legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to take action against the Seller, - can choose either to have the ordered Product repaired or replaced, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code, - is exempted from reporting proof of the existence of a lack of conformity of the Product during the twenty four (24) hours following the Product's delivery. The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, they can choose between the termination of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
7.4. In order to assert their rights, the Customer must inform Septième Largeur of the non-compliance or hidden defect in the Products by email addressed to the following address: firstname.lastname@example.org, within a maximum period of sixty (60) calendar days from receipt of the Product or discovery of hidden defects and, at the request of Septième Largeur, must return or deliver the defective Products to Septième Largeur's registered office, in the state in which they were received and with all accompanying elements (accessories, packaging, instructions, etc.).
7.5. Septième Largeur will refund, replace or have repaired any Products under warranty deemed to be non-compliant or defective.
7.6. The shipping costs will be refunded on the basis of the invoiced price and return costs will be refunded upon presentation of receipts.
7.7. Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 30 (thirty) days following Septième Largeur's confirmation of the lack of conformity or the hidden defect.
7.8. Septième Largeur's liability shall not be incurred in the following cases: - Non-compliance with the legislation of the country to which the Products are delivered, it being the Customer's responsibility to verify this, - misuse, use for professional purposes, neglect, storage in abnormal conditions or lack of maintenance on the part of the Customer, - normal Product wear and tear, - repeated Customer absences during delivery hours, - due to the technical constraints to which Septième Largeur is subject or the occurrence of one of the events listed in Article 8.
7.9. In any event, Septième Largeur's guarantee is strictly limited to replacement or refund of non-conforming or faulty Products.
8. TECHNICAL CONSTRAINTS AND FORCE MAJEURE
8.1. Septième Largeur selects only high-quality products and materials. The Customer is informed that the Products sold by Septième Largeur often have characteristics specific to the natural materials used in their manufacture. These characteristics may be subject to variation in colour or texture. These variations can in no way be considered as defects or damage.
8.2. Any event fulfilling the definition of a case of force majeure within the meaning of case law and legal provisions, as well as any event not attributable to Septième Largeur – such as a fire, flood, strike, acts of war, epidemic, a quarantine measure ordered by an administrative authority, a supply disruption which would prevent or render exorbitant the Contract's performance – constitute, by express agreement, a cause for the suspension or extinction of Septième Largeur's obligations. As the event in question is beyond Septième Largeur's control, the Customer will not be compensated for this. Septième Largeur will inform the Customer by any means of the occurrence of the event, offering them the option to cancel their Order and be refunded.
8.3. Septième Largeur is only bound by an obligation of means throughout the online sales process. The Customer is informed that: - for technical reasons, the actual rendering of the Products may differ slightly from that of the photographs presented on the Site on occasion. In the event of a manifest error between the characteristics of the Products as described on the Site and their representation, the written description of the Product shall prevail, - Access to the Site may be interrupted, in particular for maintenance and updating reasons, or for any other reason, including technical issues, without this engaging Septième Largeur's liability.
8.4. Septième Largeur may not be held liable for any risks or damage arising from the use of the internet, including interruptions to service, external intrusions or the presence of computer viruses.
8.5. Septième Largeur does not control the sites to which the Customer may be redirected, with hypertext links being provided for information purposes only. Septième Largeur may not be held liable for any loss or inconvenience resulting from the use of these links.
9.1. Right of withdrawal applicable to Consumer Customers
9.2. Septième Largeur places great importance on the satisfaction of its customers and intends to ensure that they can exercise their right of withdrawal under the best conditions.
9.3. For any remote sale, the Customer has a legal period of fourteen clear days from the date of receipt of the goods to exercise their right of withdrawal, without the need to justify this or pay penalties, with the exception of return costs if these are deemed to be payable by the Customer in accordance with Article 9.9. The Customer can only be held liable with regard to the depreciation of the Product's value resulting from handling other than that necessary to ensure the nature and characteristics of the latter.
9.4. During the withdrawal period, the Customer undertakes to handle the Product with the greatest care. The Customer should only use the Product to the extent necessary to determine its nature, properties and suitability. The Customer is informed that the right of withdrawal cannot be exercised in the event that the Products cannot be re-sold due to their degree of wear.
9.5. On a commercial basis, Septième Largeur authorises any Consumer Customer to return Products not presenting signs of wear within sixty (60) days from the date of delivery by the carrier or the collection of the Product bought via click and collect, in order to obtain a refund or exchange the Product. In the case of a single order of several Products delivered separately, the period will expire sixty (60) days after the day on which the Consumer Customer has physically taken possession of the last Product delivered.
9.6. Products purchased during a promotional period are only exchangeable within the limit of stock available at the time at which the Customer expresses their wish. In the event that the product requested in exchange and under the promotion is no longer in stock, the Customer will be refunded within the legal deadlines.
9.7. The Product must: Be returned new and in its original packaging. Septième Largeur will check all Products and reserves the right to refuse a return in the event of non-compliance. The Product will then be returned to the Customer at their expense, Have been the subject of a return request made by email to the following address: email@example.com. The Customer must insert the return slip in the return package.
9.8. For Products delivered in mainland France, the costs of the first exchange will be payable by Septième Largeur.
9.9. For deliveries abroad and to overseas departments, regions or communities, the return costs shall be borne by the Customer.
9.10. The right of withdrawal cannot be exercised in the event of contracts for the supply of goods made to the Customer's specifications or which have been clearly personalised. The Customer is informed in particular that the right of withdrawal is NOT APPLICABLE to Orders relating to shoes and leather goods (belts, card holders, etc.) patinated goods, made-to-order shoes (MTO), and the fitting of additional parts (installation of rubber pads, steel protectors, etc.) or shoemaking work on a finished product (resoling, etc.). The contract for the sale of patinated shoes, made-to-order shoes or the installation of additional parts is therefore definitively concluded as of the Order Date. 9.11. It is expressly understood that the right of withdrawal does not apply to legal persons, whether public or private, acting for professional purposes.
10. INTELLECTUAL PROPERTY
All elements of Septième Largeur's site are and remain the intellectual and exclusive property of Septième Largeur. The reproduction, operation, reposting or use for any purpose whatsoever – even partially – of site elements, be they software, visual, or sound effects, is prohibited. 11. PERSONAL DATA
11.1. The Customer is informed that the personal data requested of them is necessary for Septième Largeur to process their request and carry out the Orders.
11.2. Septième Largeur undertakes to guarantee the security and confidentiality of the Data communicated by the Customer and to treat this in accordance with the applicable regulations on the protection of personal data.
12. ARCHIVING – PROOF
12.1. The archiving of purchase orders and invoices is carried out on a reliable and durable medium in accordance with Article 1379 of the French Civil Code.
12.2. The digital records will be considered by the parties as proof of the communication, orders, payments and transactions having taken place between the parties.
13. CLAIMS AND DISPUTES
As part of its dedication to its Customers' satisfaction, Septième Largeur remains attentive to suggestions, observations and complaints, which the Customer is invited to send to Septième Largeur at the following address: firstname.lastname@example.org.
13.2.1. If the complaint request made to Septième Largeur is unsuccessful or if there is no response from this service within 15 (fifteen) days, the Customer may turn to the service of a consumer mediator, free of charge.
13.2.2. Any Customer who wishes to resort to mediation is invited to contact the Justice Conciliators' Consumer Mediation Centre (French CM2C) of their choice:
- by post, to the following address: 14 Rue Saint Jean 75017 Paris
- on their site by clicking on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
It is also possible to make use of the European Commission's online dispute resolution platform by clicking on the following link: link
13.2.3. The Customer may be assisted by a lawyer, the fees for which will be borne by the Customer.
13.2.4. The Customer is free to accept or refuse recourse to mediation and, if applicable, the solution proposed by the mediator.
13.3. Applicable law and competent courts
13.4. The interpretation, validity and performance of the Contract are subject to French law, unless otherwise required by regulation resulting, in particular, from Regulation (EC) 593/2008 of 17 June 2008 on the law applicable to contractual obligations.
13.5. Any dispute with a Consumer Customer relating in particular to the formation, performance, interpretation, validity, termination or resolution of the Contract falls under the exclusive jurisdiction of the competent French courts, without this clause infringing on the rights from which the Customer may benefit as a consumer, by virtue of the applicable legislation in this regard and, in particular, of Regulation (EU) No 1215/2012 of 12 December 2012.
13.6. ANY LITIGATION WITH A PROFESSIONAL CUSTOMER RELATING IN PARTICULAR TO THE FORMATION, PERFORMANCE, INTERPRETATION, VALIDITY, TERMINATION OR RESOLUTION OF THE CONTRACT FALLS UNDER THE EXCLUSIVE COMPETENCE OF THE COURTS OF PARIS. THE ATTRIBUTION OF JURISDICTION TO THE PARIS COURTS IS GENERAL AND WILL APPLY, WHETHER IT CONCERNS A PRINCIPAL ACTION, AN INTERLOCUTORY APPLICATION, A SUBSTANTIVE ACTION, INTERIM PROCEEDINGS OR A PROTECTIVE MEASURE, NO MATTER THE PLACE OF DELIVERY NOR THE METHOD OF PAYMENT. THE CUSTOMER ACCEPTS THIS ATTRIBUTION OF JURISDICTION WITHOUT ANY RESTRICTION OR RESERVATION.
14. MISCELLANEOUS PROVISIONS
14.1. The nullity of a contractual clause will not entail the nullity of the Terms and Conditions unless it is an essential and decisive clause which led one of the parties to conclude the Contract.
14.2. The parties undertake to negotiate in good faith to modify the cancelled clause.
14.3. These Terms and Conditions are written in French. If they are translated into one or more languages, only the French text will prevail in the event of dispute.