TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE

Version effective as of August 22nd, 2022

Article 1 - Purpose and Enforceability of the GTC

These General Terms and Conditions of Sale (hereinafter the "GTC") govern the online sales of shoes and accessories (hereinafter the "Products") made on the website www.souliers-martinez.com (hereinafter the "Website").

The seller is the company Souliers Martinez, a simplified joint stock company with a share capital of € 2,600, whose registered office is located at 4, rue des Petits Champs in Paris, France (75002); registered in the Paris Trade and Companies Register under the number 800 683 609, intra-community VAT number FR69800683609 (hereinafter referred to as "Souliers Martinez" or "We").

All orders placed on the Site are subject to these GTC. We reserve the right to adapt or modify these terms and conditions at any time, the version of the GTC applicable to any transaction being the one appearing online on the Site at the time of the order.

The GTC govern the online sale of Souliers Martinez products to buyers who are consumers (hereinafter "You").

The GTC are enforceable against you insofar as you have checked a box provided for this purpose containing the wording: "I have read and accept Souliers Martinez’ General Terms and Conditions of Sale" before placing any order. You thus acknowledge that you have read them and expressly accept them.

The GTC are also sent to you by email when you confirm your order, in pdf format.

Article 2 - Conditions of Sale

You declare that you are purchasing one or more Products for personal use and not for professional purposes. You certify that you are of legal age and have full legal capacity to place an order on the Site. If you are a minor, you undertake to ensure that your legal representative has also consented to the purchase, and you guarantee Souliers Martinez against any difficulty in this regard.

The purchase of Product(s) for resale is prohibited.

We reserve the right to limit the quantities and/or types of Products that may be ordered on the Site per person, per household, or per order. These restrictions may include orders placed by or under the same account, with the same payment method and/or orders that use the same billing and/or shipping address.

Article 3 - Products and Availability

Information on our Products and prices are available on the Site.

Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered. In particular, the colors, texture or grain of the Products displayed on your screen may differ from those of the actual Product. We recommend that you refer to the description of the Products and their characteristics as mentioned on the Site.

In the absence of any particular indication, the Products are sold and delivered within the limits of available stocks.

In the event of exceptional unavailability of the Product ordered after validation of the order, the latter will be cancelled and we will reimburse you as soon as possible.

Article 4 - Ordering process

4.1 Steps

The ordering process is subject to compliance with the procedure established by Souliers Martinez, which consists of a succession of different steps that you must follow to validate your order.

To order, you must:

• add the selected Products to your cart in the desired quantities and sizes;
• read and explicitly accept these terms and conditions by ticking the box: "I have read and accept Souliers Martinez’ General Terms and Conditions of Sale, its Privacy Policy and the General Terms and Conditions of Use of the site";
• fill in your email address, tick the corresponding box if you wish to subscribe to the newsletter and create, if you wish, a customer account;
• fill in your delivery information;
• choose the method of delivery;
• choose the method of payment;
• validate the order after verifying all information (before clicking on the "Confirm" button, you must check the details of the order and its total price in order to correct any errors before confirming it). By clicking on "Confirm" you initiate the payment of the order, giving you access to the secure payment process.

All confirmed orders are considered as a binding purchase contract.

An order confirmation email will be sent to you. The GTC will be sent to you at this time by email in pdf format.

Invoices are issued only at the customer's request.

4.2 Changes

Any change you wish to make to an order after confirmation is subject to our prior acceptance. In particular, a request for modification may be refused if it is abusive in character.

4.3. Order Refusal

We reserve the right to refuse any order for legitimate grounds and more particularly if there is a dispute or incident between us relating to the payment of a previous order or relating to a violation by you of the dispositions of the GTC, especially if we suspect that the goods purchased are intended to be resold on a commercial basis.

Article 5 - Prices and Payment Terms

5.1. Payment Methods

The Products are payable in euros.
To order a Product, you must pay the price, including applicable VAT, sales taxes and other taxes or charges, particularly import taxes and duties, if any, as well as delivery costs.
We accept payment by the following methods:

• Visa
• MasterCard
• American Express
• Apple Pay
• Paypal
• E-Gift Cards (issued by Souliers Martinez)
• Clearpay (gift cards cannot be purchased via Clearpay)

If the payment cannot be made for any reason, the order will be cancelled without our liability being incurred in this respect.

In the event of payment by credit card, you will access a dedicated area provided by a banking institution, which ensures the security and registration of the payment order. All transactions carried out on the Site are secure. The banking information is encrypted by the SSL system (Secure Socket Layer) and then processed by our financial partner.

You are responsible for any charges that may be applied by your credit card issuer, your bank or any other payment institution following the processing of your payment.

5.2. Paying by E-Gift Card

Payment by e-Gift Card is made by entering the Gift Card code into the discount code field during the checkout process and clicking on "Apply". If the order value is greater than the Gift Card value, please select a payment method to cover the remaining amount. If the value of the Gift Card is more than the order value, you will have the option to use the same code on future orders until the Gift Card amount is used up. A cash refund of the Gift Card is not possible.

Article 6 - Delivery

As soon as the Product(s) ordered are shipped, we will inform you by email. If you do not receive this email, we recommend that you check your spam box and, if it is not there, contact us as soon as possible at contact@souliersmartinez.com.

You will be able to track your order by logging into your customer account if you have created one.

Delivery is made to the delivery address indicated during the order process, it being specified that this must be the address of your residence or any other physical person of your choice, or a parcel relay point. Delivery cannot be made to hotels or post office boxes.

The delivery Incoterm used by default for all destination countries is DDP (Souliers Martinez is responsible for paying taxes and duties to the customs authorities), except in countries where the local authorities require the recipient to pay taxes and duties directly. In this case the Incoterm is changed to DAP.

The delivery times indicated on the Site are indicative, corresponding to the average processing and delivery times. Souliers Martinez cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

You must ensure that you have provided accurate and complete information concerning the delivery address (such as: street number, building, staircase, access codes, names and/or intercom numbers, etc.).

You must check, in the presence of the delivery person, the condition of the product delivered and, in the event of damage due to delivery or missing items, make reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify Souliers Martinez within 3 (three) days of receipt of the Product.

For additional information concerning shipping and dispatch, please consult our Shipping and Returns page.

Article 7 – Order Cancellation

You have the right to repeal your contract of purchase and return the Product ordered to us, without giving any reason, within fourteen (14) days from the date on which you (or a designated third party) take physical possession of the Product or, in the case of several packages delivered for the same order, from the day on which you take physical possession of the last package delivered.

To exercise your right of withdrawal, you must inform us of your decision within the fourteen (14) day period referred to in paragraph 1 of this article:

• either by completing the online return form available on the Site here,
• or by sending us by email or by post the withdrawal form that can be found at the end of the GTC, duly filled out and signed by you,
• or by sending us a letter by email or by post indicating the Product for which you wish to exercise your right of withdrawal and the order number.

You can contact us at: Souliers Martinez, 4 rue des Petits Champs, Paris (75002), France, contact@souliersmartinez.com.

If you exercise your right of withdrawal, we will refund you within fourteen (14) days following the date on which this right is exercised, all payments received for the Product(s) concerned, including delivery costs (with the exception of additional costs due to a delivery method chosen by you other than the regular standard delivery method offered on the Site).

We will issue a refund using the same payment method used for the original transaction. The refund will be made in Euros and you will be responsible for any difference in exchange rates that may apply.

If the Product was paid for using an E-Gift Card, the refund will be made by crediting your E-Gift Card.

We may defer the refund until we receive the Product(s) concerned or until you provide us with proof of shipment of the Product(s).

The Product(s) have to be sent back to us immediately and no later than fourteen (14) days after the date on which you have notified us of the cancellation of this contract. Product(s) and all original packaging must be sent back in perfect condition, to the following address:

NEOLYS for SOULIERS MARTINEZ
607 Boulevard d'Italie
ZONE PARISUD 1
77127 Lieusaint Ile-de-France

You will be responsible for the cost of returning the Product(s) concerned, which is €15 including VAT per return request.

It is recommended to use, when possible, the same address used for the delivery of the Products as the address for the return of the Products.

You may be held liable in the event of damage to the Product(s) resulting from unnecessary handling, which goes beyond the normal fitting or proofing of the condition of the item.

Your right of withdrawal is only in place if the Product was not customized, altered, or damaged. Personalization of items renders the cancellation policy inactive.

Article 8 - Product Exchanges

You may request an exchange of the Product ordered with any Product available for sale on the Site within fourteen (14) days from the date on which you (or a designated third person) take physical possession of the Product.

To do so, you may contact us within this fourteen (14) day period using the online form available on the Site here. If you have difficulties using the form, you can also send us an email at contact@souliersmartinez.com.

Exchanges are subject to the availability of the new Product required. Products can only be exchanged once.

We will contact you to inform you of the acceptance or refusal of the exchange. If the exchange is not possible and you wish to cancel the sale, you must inform us within the 14-day cancellation period referred to in clause 7.

You must return the Product to be exchanged within fourteen (14) days from the date you notified us of your wish to exchange.

We reserve the right not to accept the return and to reject the request for exchange of the Product if the returned Product is damaged or altered. In such cases, we will refund within fourteen (14) days of the rejection all payments received for the Product concerned, including delivery charges (except for any additional charges due to a delivery method chosen by you other than the cheapest standard delivery method offered on the Site).

We will issue the refund using the same payment method used for the original transaction. The refund will be made in Euros and you will bear any differences due to changes in the exchange rate.

Finally, you may be held liable in the event of damage to the Product(s) resulting from unnecessary handling, which goes beyond the normal fitting or proofing of the condition of the item.

You will be responsible for the cost of returning the Product(s) concerned, which is €15 including VAT per item return. The exchange request is free of charge.

Once we have received and checked the returned Product:

• if the new Product you want is cheaper than the Product you initially ordered, we will refund the price difference using the same payment method as the one used for the initial transaction (less the applicable return fee as previously stated);
• if the new Product you want is more expensive than the Product you initially ordered, you will have to pay the additional price (along with the applicable return fee); to this end, we will send you an email containing a link to the payment page, which will then take place under the same conditions as those set out in Article 5.

Article 9 - Legal guarantee of conformity and guarantee against hidden defects

You benefit from the legal guarantee of conformity under the conditions of Articles L.217-4 et seq. of the French Consumer Code and the guarantee of hidden defects under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

Guarantee of conformity:

• You have a period of two (2) years from the delivery of the Product to exercise the legal guarantee of conformity.
• Defects of conformity that appear within twenty-four (24) months from the delivery of the Product are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect claimed.
• In the event of a lack of conformity, you may request, free of charge, that the Product be brought into conformity by repair or replacement or, failing that, request a reduction in the price or the cancellation of the sale.
• You also have the right to suspend the payment of all or part of the price until we have fulfilled our obligations, under the conditions of Articles 1219 and 1220 of the French Civil Code.
• This guarantee is provided in addition to any commercial guarantee, when applicable, as well as the guarantee against hidden defects as defined in Article 1641 of the French Civil Code, according to which you may make a claim within two (2) years of the discovery of the hidden defect. In this case, you may choose between cancellation of the sale or a reduction in the price of the Product, in accordance with Article 1641 of the French Civil Code.

Damage caused to the Product due to use (such as soiling due to contact with liquids or food for example, normal wear and tear or failure to follow the Product's maintenance or cleaning instructions) does not constitute a defect within the meaning of this article.

Article 10 - Force majeure

We cannot be held liable if the non-performance or delay in the performance of our obligations is the result of a case of force majeure as defined by French law and the case law of the French courts.

 

GENERAL TERMS OF SERVICE

Version effective as of August 22nd, 2022

Article 1 - Object

The company Souliers Martinez is a simplified joint stock company with a capital of 2.600 €, whose headquarters are located at 4, rue des Petits Champs in Paris (75002), France, registered with the RCS of Paris under No. 800 683 609 (hereinafter "Souliers Martinez" or "We").

These terms of service (hereinafter “TOS”)are intended to define the rights and obligations of Souliers Martinez and Internet users (hereinafter "You") browsing the website https://www.souliers-martinez.com (hereinafter the "Site").

You are welcome to address any questions you may have about the TOS and more generally about the use of the Site by sending an e-mail to contact@souliersmartinez.com.

Article 2 - Acceptance and Possible Modifications of the TOS

These TOS govern access to and use of the Site and the services available on the Site (hereinafter the "Services").

We reserve the right to modify or update all or part of the TOS at our discretion. We will always post the most current version of the TOS on the Site and will post the date of last modification to reflect the date of update. We encourage you to review these TOS to stay informed of any changes to the extent that they are binding of you.

Article 3 - Description of the Services

The Site is a commercial site for the sale of shoes and accessories to consumers.

Article 4 - Obligations of the Internet User

When browsing and using the Site, you are required to:

a. respect the present TOS, the Privacy Policy and the laws and regulations in effect;

b. always provide accurate and truthful information about yourself;

c. refrain from making any apology, denial or trivialization of crimes against humanity, encouraging or promoting acts of terrorism, inciting racial hatred, hatred against persons because of their sex, sexual orientation, gender identity or disability, as well as child pornography, inciting violence, including sexual and gender-based violence, as well as offences against human dignity;

d. refrain from using and/or disclosing, without authorization, the personal data of third parties;

e. refrain from using and/or disseminating photographs or, more generally, content that may be protected by intellectual property rights and/or personality rights

f. refrain from using and/or disseminating content and/or vocabulary that may be considered inappropriate, contrary to good morals and/or public order;

g. refrain from using and/or disseminating files or programs that may damage the operations of the Site or the terminals of other Internet users (for example, files containing a virus);

h. report any content on the Site that you consider inappropriate and/or illegal by sending an email to contact@souliersmartinez.com.

Article 5 - Access to the Site

You acknowledge that you have the skills and means necessary to access and use the Site. You acknowledge in this regard that you have verified that your computer configuration does not contain any viruses and that it is in perfect working order.

Souliers Martinez cannot be held responsible for missing information and/or the presence of viruses on the Site.

The Site is, in theory, accessible 24 hours a day and 7 days a week. Souliers Martinez cannot be held responsible for discontinuities of the Site and services offered there, whether voluntary or not. In addition, for maintenance reasons, Martinez Shoes may interrupt access to the Site and / or Services for limited periods, at its discretion.

Article 6 - Intellectual Property

The general structure of the Site as well as the texts, videos, audio content, fonts, images (animated or not), sounds, newsletters, press releases, presentations, brochures, illustrations, drawings, graphics, photographs, computer programs and all audiovisual content that is reproduced therein are the exclusive property of Souliers Martinez.

Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of the Site and/or any of its elements, made without the prior written authorization of Souliers Martinez would constitute an infringement likely to lead to civil and/or criminal proceedings.

The trademarks and/or distinctive signs of any kind (including corporate names, trade names, signs and/or domain names) of Souliers Martinez and/or its partners, as well as the logos appearing on the Site, are the exclusive property of Souliers Martinez.

Any total or partial reproduction of these brands, signs or logos, made from the elements of the Site, without the express prior authorization of Souliers Martinez, is strictly prohibited.

Article 7 - Personal Data

Souliers Martinez agrees to comply with the regulations applicable to the processing of personal data and in particular with the EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016.

Before uploading or providing any personal data to the Site or through the Services, you should carefully read the Privacy Policy available here : Privacy Policy – Souliers Martinez.

By transferring or providing any personal data to the Site, you agree to be bound by the Privacy Policy of Souliers Martinez.

Article 8 - Hypertext Links

Souliers Martinez shall not be responsible for your access, via the hypertext links set up within the Site, to other resources on the Internet.

In addition, you cannot establish a deep link to the Site without the prior written permission of Souliers Martinez.

Article 9 - General Dispositions

Any potential situation where Souliers Martinez renounces its claim to a right or a provision of the TOS shall not constitute a waiver of such right or disposition.

If a disposition of the TOS is inapplicable or invalid, the other dispositions of the TOS remain fully effective and applicable.

The TOS is non-assignable, non-transferable and may not be sublicensed by you to any third party.

The titles of the paragraphs of the TOS are for information purposes only and have no legal or contractual value.

Article 10 - Applicable Law and Jurisdiction

Any dispute arising from the interpretation, execution or termination of the TOS is subject to French law, except if the local law in your country of residence provides more protective disposition.

In case of difficulty, we encourage you to first contact Souliers Martinez to try to find an amicable solution.

Any dispute relating to these TOS, including their validity, interpretation, violation or termination, will be submitted to the competent courts of the place of your residence.