General Conditions of Sale

Any online purchase made on the website www.surprise-paris.com is subject to prior acknowledgement and acceptance of these general terms and conditions of sale.

1-DEFINITION

Article: Textile products of any kind offered for sale (e-commerce service) on the Site.

Customer: non-commercial natural person placing the Order and holding full legal capacity.

Order: commitment to purchase all of the Items selected by the Customer via the Site's e-commerce service.

Website: website published by Surprise Ltd and accessible at www.surprise-paris.com

2-PREAMBLE

These general terms and conditions of sale (hereinafter "GTC") apply exclusively between any Customer and the company Surprise Ltd whose registered office is located at 15 bis rue Louis Thevenet 69004 LYON registered in the Lyon Trade and Companies Register under number 830481461 (hereinafter "Surprise").

Any Internet user can read the General Terms and Conditions of the Site.

The General Terms and Conditions apply without restriction or reservation to all Items offered for sale on the Site.

Any Order on the Site is conditional upon the prior and unreserved consultation and acceptance by the Customer of these General Terms and Conditions and the applicable prices.

Validation of an Order following the order procedure offered on the Site constitutes acceptance of these T&Cs.

These T&Cs prevail over any other document.

3-WARNING

The sale of Articles on the Site is exclusively reserved for retail sale and to individuals.

Under no circumstances may the Site be used by professional Customers, alone or in groups, regardless of the method of marketing their products (online marketplaces, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. Surprise reserves the right to refuse a clearly large order validated by a professional Customer.

All Customers declare that they are aware of the unreliability of the Internet network, particularly in terms of relative security in the transmission of data, non-guaranteed continuity in access to the Site, non-guaranteed performance in terms of volume and speed of data transmission and the spread of viruses.

Surprise warns each Customer of the need to implement a security solution and measures within their computer or portable or mobile equipment to prevent the spread of viruses.

The General Terms and Conditions may be subject to modification; the applicable conditions are those in force on the Site on the date you place your order.

The handling of a defective or non-compliant Item (replacement or refund) or the exercise of a right of withdrawal can only be done remotely, as Surprise does not have physical Surprise brand stores.

It is mandatory to go through the Site for all complaints on Items purchased online on the Site.

4-CHARACTERISTICS OF THE ARTICLES

The Items available for sale are those listed on the Site. Offers are valid as long as they are visible on the Site.

They are offered within the limits of availability displayed on the Site.

Surprise reserves the right to withdraw from sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Items appearing on this Site.

In the event that an Item is unavailable after placing an Order, the Customer will be informed by email and the order will then be automatically cancelled.

Items for sale on this site are only available for worldwide delivery.

The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc.) are given for information purposes only and may vary over time. The characteristics and visuals are not contractual.

Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer.

In the event of errors or omissions relating to the description of an Item, Surprise's liability is limited to the reimbursement of the reasonable costs of returning the Item incurred by the Customer.

5-ORDERING ITEMS

When placing an Order, the Customer enters the data that allows his identification under his full responsibility, control and direction and undertakes to communicate complete, exact and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age.

It implies an obligation to pay.

The Customer declares to be at least 18 years old and to have legal capacity, or if he is a minor, guarantees to have parental authorization to place his Order.

To place an Order, the Customer must follow the online purchasing process and click on “Checkout” to validate the Order.

Payment of the Order constitutes acceptance of these General Terms and Conditions, the price of the Items and the content of the Order.

After payment validation, Surprise will send the Customer an email confirming their Order. A summary of your order information will be sent to the email address you provided.

Any Order is subject to prior acceptance by Surprise and is only definitively confirmed after receipt by the Customer of an e-mail confirming the shipment of the Item(s).

If the Customer does not receive any email following their Order, it is their responsibility to contact Surprise in accordance with the procedures described in Article 12 of these General Terms and Conditions.

Surprise cannot be held responsible in any way in the event of an input error or transmission of an input error preventing the delivery of the confirmation email and/or the Articles.

For any questions relating to the tracking of an Order, the Customer must contact customer service in accordance with the procedures described in article 12 of these General Terms and Conditions.

6-PRICE OF ITEMS

Prices are indicated on the Site in euros, all taxes included (TTC), excluding participation in processing and shipping costs.

They take into account VAT and any reductions applicable on the day of the Order.

Any new taxes or contributions, particularly environmental ones, may be reflected in the sale price of the Items.

The prices of the Articles are exclusive of delivery costs (postage, packaging and preparation of the package according to the amounts in force).

The amount of shipping costs is specified on the Site before validation of the Order.

Surprise reserves the right to modify the prices of the Items at any time, the Items being invoiced on the basis of the rates in effect at the time of validation of each Order.

The price of the Items invoiced is therefore that indicated when the Order was placed.

The items remain the sole property of surprise until full payment of the price, which the customer acknowledges and accepts.

7-PAYMENT OF THE ORDER

The price charged to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express) or Paypal.

The Customer is informed by email, once the Order has been dispatched, that their invoice including delivery costs and applicable VAT is available online in the customer account.

Transactions carried out on the Site are entrusted to a secure online payment platform (PayPal).

8-DELIVERY CONDITIONS

Items are delivered worldwide.

The Customer will receive an Order number by email confirming that the order has been processed. The Customer will be informed of the various stages of their Order by email.

Shipments are announced by email to the Customer, to the email address provided by the latter in their customer account.

The Items ordered will be delivered within a maximum of 20 calendar days from the registration of the Order, subject to full payment of the price.

Items are delivered by Colissimo, Mondial Relay for France or DHL and Spring for International.

Using the shipping number, the Customer can track the progress of their package on the carrier's website.

The Customer is informed that it is his responsibility to provide exactly all the details necessary for the correct routing of his Order and perfect delivery (access code, access specification for example).

If the delivery address provided by the Customer is not valid and therefore results in the package being returned for non-receipt at the address provided, the cost of reshipping the package to the new address provided will be borne by the Customer.

The Customer assumes full and exclusive risks relating to the Articles from the time of their delivery.

9-DELIVERY TIMES

The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery.

Surprise makes every effort to deliver the Order within 2 to 10 working days from the Order and undertakes to ensure delivery is made within a maximum of 30 calendar days.

In the event of a delivery delay of more than 7 working days compared to the maximum delivery time mentioned above, the Customer may contact Surprise by email at [email protected] . An investigation will then be opened with La Poste to locate the package. The duration of this investigation can vary from 3 weeks to 1 month, depending on the period.

If the package is found, it will be immediately reshipped to the address indicated when ordering.

If the package is declared lost by La Poste, the Items will be reshipped (while stocks last) or refunded. No refund or return of the Items will be made before the investigation is closed.

Each delivery is deemed to have been made upon the package being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.

If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must initiate the return procedure described in Article 10 below within 30 calendar days after shipment.

10-RETURN

In the event of delivery of an Item that does not correspond to the Customer's order, or of a defect linked to transport, the Customer may return said Item to Surprise by following the procedure provided below.

In order to benefit from the reimbursement:

The Customer must, imperatively and at the latest within 15 calendar days following the receipt of his Order, contact Sympl (Surprise's logistics provider) at the following address: retour.sympl.fr. The customer must follow the procedure carefully and enclose the return address slip and a QR code, provided by Sympl, in the return package. Without a QR Code in the return package, we will not be able to process the request and therefore the refund. Any claim made after the 15-day period will not be accepted and Surprise will be released from all liability. Return costs are the responsibility of the customer.

Any non-compliant return (without the return slip) will be rejected and Surprise will be released from all liability.

Once the returned Items have been checked, Surprise undertakes to reimburse the Customer as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return package, to the Customer's bank account used for payment of the Items.

11-RIGHT OF WITHDRAWAL

Sale items cannot be returned or exchanged.

Pursuant to Community Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in distance selling contracts, as transposed in the Customer's country, the latter is entitled to cancel his order at any time within 14 calendar days following the date on which he received the Items.

The Customer therefore has a period of 14 calendar days from receipt of his Order to exercise his right of withdrawal without having to provide reasons or pay penalties.

If the Customer wishes to exercise their right of withdrawal, they must contact Sympl at the following address: retour.sympl.fr. Sympl will send the Customer the return address and a QR Code for withdrawal purposes.

The return slip must be printed and included in the package to be returned; no return can be validated without it.

Once the return slip has been printed, the Customer will return – dispatch within 7 calendar days following the date of the return slip – their non-compliant Item(s), in the original packaging of the Items, to the address provided by Sympl.

Any return must include the return slip and all Items subject to the Order with which the Customer is not satisfied.

These Items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (undamaged, undamaged, unused, soiled or washed by the Customer).

Once the returned Items have been checked, Surprise undertakes to reimburse the Customer for the full amount paid for their Order, as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return package, to the bank account used for payment of the Items.

12-CUSTOMER SERVICE

For any information or questions, for order tracking, or to activate the guarantee, the Customer must contact customer service by email at the following address [email protected] .

13-GUARANTEES

The Articles are guaranteed against defects of conformity and latent defects under the conditions provided for in articles 1641 to 1649 of the Civil Code and L 217-1 et seq. of the Consumer Code, from the date of delivery:

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

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

Article L 217-4 of the French Consumer Code: the seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code: The goods comply with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L 217-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

This guarantee allows the Customer to return defective or non-compliant delivered Items for reimbursement under the above conditions.

14-CONVENTION ON EVIDENCE

The Customer acknowledges and accepts that the Order recording systems provide proof of all transactions between Surprise and the Customer.

To this end, the Client acknowledges and accepts that the computerized data stored on Surprise's computer servers under reasonable conditions of security and integrity are considered, irrefutably, as proof of acceptance of the terms of the General Terms and Conditions and proof of all transactions between Surprise and the Client.

Surprise will archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code.

Consequently, unless a manifest error of Surprise is proven by the Customer, the latter may not contest the admissibility, validity or probative force of the General Terms and Conditions and the content of the Order, on the basis of any legal provision whatsoever which would specify that certain documents must be written or signed to constitute proof.

Thus, these elements constitute evidence and, if produced as evidence by Surprise in any contentious or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.

At any time, the Customer has the option to print, download and keep a copy of the T&Cs on paper or electronically.

15-RESPONSIBILITY

Surprise reserves the right to modify the information contained in this Site at any time and without notice.

Surprise undertakes to describe the Items sold on the Site as accurately as possible and to ensure that the information published there is updated under the best possible conditions.

However, Surprise cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site.

In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, Surprise will not be held liable.

Surprise cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.

Notably, Surprise will not be held responsible for any non-performance or delay in the performance of Orders caused by events beyond its control (“Force Majeure Events”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the control of Surprise and includes in particular (without limitation):

1. Strikes, closures or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use rail, ship, air, road or other private or public means of transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of any government.
7. Strike, failure or accidents in maritime, postal or other transport.

The execution of the General Terms and Conditions will be suspended for the duration of the Force Majeure Event and the execution and delivery deadlines will be extended accordingly. Surprise will endeavor, as far as possible, to end the Force Majeure Event or to find a solution enabling it to perform its contractual obligations despite the Force Majeure Event.

Surprise is only liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with the Customer, excluding any indirect damage.

16-PROTECTION OF PERSONAL DATA

Personal data collected on the Site is intended for Surprise with the Client's consent.

Surprise is committed to protecting the personal data of its Customers.

All personal data concerning the Client collected by Surprise are treated with the strictest confidentiality, in accordance with the provisions:

In accordance with the Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the data controller being SURPRISE Ltd.

Customers' information and personal data are necessary for the management of Orders and relations with Customers, as well as to keep them informed of all offers and commercial information that may be of interest to them.

They may be transmitted to service providers and contractual partners who intervene and contribute to the management of Orders.

This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable Surprise to improve and personalize the services offered to Customers.

In accordance with the Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose any personal data concerning him/her.

To exercise this right, the Customer must send an email or letter to Surprise Customer Service at the following address: [email protected]

Each request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address. This response will then be sent within 2 months of receipt of the request.

When entering personal data on the Site and prior to their collection, all Customers have the option of agreeing to receive information relating to Surprise brand Articles.

In accordance with current legislation, such information will only be sent to the Client if, and only if, he has expressly agreed to receive it.

17-COMMERCIAL OFFERS AND NEWSLETTERS

Surprise may send commercial offers to Customers by mail, email, text message, telephone, subject to prior acceptance.

The Client has the option at any time to object to commercial prospecting mailings free of charge by clicking on the “unsubscribe” link included in each email.

18-INTELLECTUAL PROPERTY

Surprise is the exclusive owner of the intellectual property rights:

• on the Articles offered on the Site,
• on the brands associated with the Articles,
• on the Site, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the Site,
• on the databases, their structure and their contents, designed and managed by Surprise for the purposes of publishing the Site,
• on all design elements of the Site, whether graphic or technical,
• on the names, acronyms, logos, colors, graphics, or other signs that could be used, produced or implemented by Surprise.

It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than within the framework of the execution of these terms and conditions.

As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Any other use, without prior written authorization from Surprise, constitutes infringement and is punishable under intellectual property law.

Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written agreement of Surprise.

19-MODIFICATION OF THE GTC

Taking into account possible developments to the Site and regulations, Surprise reserves the right to modify the T&Cs at any time.

The new T&Cs will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.

20-APPLICABLE LAW

These T&Cs are subject to French law.

Any dispute will fall under the exclusive jurisdiction of the French courts of the Client's place of residence, in the absence of an amicable agreement between the Client and Surprise.

These Terms and Conditions do not affect the Customer's statutory rights as a consumer. For further information on their rights, they should contact their local authority or a consumer advice agency.