Terms of sale
1. Purpose
These General Terms and Conditions of Sale are entered into between, on the one hand, SCANDALE, 167 Rue Paradis, 13006 Marseille, France. SIRET number: 878 760 495 00035.
And, on the other hand, any person making a purchase on the website www.scandale.com, which is freely accessible to all internet users.
These terms and the online order constitute the contractual documents binding upon the parties, to the exclusion of any other document, brochure, catalogue or product photograph, which is provided for information purposes only.
Confirmation of the order by the consumer constitutes acceptance of the General Terms and Conditions of Sale in force on the date of the order. Their storage and reproduction are ensured by the professional seller in accordance with Article 1127-2 of the French Civil Code.
1.1 Amendments to the General Terms and Conditions of Sale
The professional seller reserves the right to amend these General Terms and Conditions of Sale at any time.
1.2 Provisions of the General Terms and Conditions of Sale
The invalidity of one contractual provision shall not result in the invalidity of these General Terms and Conditions of Sale as a whole.
The temporary or permanent failure by the professional seller to apply one or more provisions of the General Terms and Conditions of Sale shall not constitute a waiver of the remaining provisions, which shall continue to have full effect.
In the event of an amendment, the applicable General Terms and Conditions of Sale shall be those in force on the date of the order. A copy dated as of that date may be provided to the consumer upon request.
2. Products
2.1 Retention of Title
The seller shall remain the owner of the products sold until full payment of the price has been received. Until ownership has been transferred, the buyer undertakes to take all necessary precautions to ensure the proper preservation of the products.
2.2 Product Characteristics
Before placing an order, the customer may review the essential characteristics of the products they wish to order by consulting the pre-contractual information provided by the seller, where applicable through a catalogue or the company website.
The photographs and graphics appearing in the catalogue or on the website are provided for illustrative purposes only and shall not constitute a contractual commitment by the company guaranteeing perfect similarity between the product ordered and the product shown.
2.3 Stock Availability
Products are offered and delivered subject to availability.
If an ordered product is unavailable, the seller shall immediately inform the buyer and may offer a product of equivalent quality and price or, failing that, a voucher equal to the order value, which may be used for a future order.
If the buyer does not agree, the seller shall refund the amounts paid within 30 days.
Other than refunding the price of an unavailable product, the seller shall not be liable for any cancellation compensation.
2.4 Conformity
The seller shall be liable for any lack of conformity of the goods in accordance with general law and consumer protection law.
3. Prices
The selling price of the products shall be the price in force on the date the order is placed. The prices of our products are stated in euros and include all taxes, excluding delivery charges. Prices include the VAT applicable on the date of the order. Prices may not be changed once the customer has placed the order.
Our shipments include customs duties and import VAT. Where a promotional price applies, the seller undertakes to apply that price to all orders placed during the advertised promotional period.
3.1 Price Changes
The seller reserves the right to change its prices at any time, particularly in the event of increased costs. However, where prices increase after an order has been placed, only the price set on the date of the order shall apply to the customer.
4. Orders
Any order implies acceptance of these General Terms and Conditions of Sale.
The seller undertakes to fulfil orders subject to stock availability. If a product is unavailable, SCANDALE undertakes to inform the customer promptly by any means available.
4.1 Order Amendments
4.1.1 Order Amendments by the Buyer
As all orders are final, they cannot be cancelled or amended, including changes to the product, size, colour or delivery address. Once payment has been confirmed, your order is sent to our warehouse for preparation so that it can be dispatched as quickly as possible.
Once the order has been received, please return any unwanted item by following our returns procedure.
4.1.2 Order Amendments by the Seller
The seller undertakes to deliver a product that conforms to the product ordered.
If the ordered product is unavailable, the seller undertakes to refund the product using the payment method selected when the order was placed.
4.2 Order Validity
The seller reserves the right to refuse any order on legitimate grounds, particularly where the quantities ordered are unusually high compared with the quantities normally ordered by buyers acting as consumers.
4.3 Termination of the Order
4.3.1 Termination by the Buyer
The buyer may terminate the order by registered letter with acknowledgement of receipt in the following cases:
Delivery of a product that does not conform to the stated product characteristics
Delivery taking place more than 30 days after the contract was entered into, after the seller has been formally requested, by the same means and without success, to complete delivery within a reasonable additional period
4.3.2 Termination by the Seller
The seller may terminate the order in the following cases:
The buyer refuses to accept delivery
The price, or the outstanding balance, is not paid at the time of delivery
5. Payment
Payment is due immediately when the order is placed.
The accepted payment methods are listed on the website.
5.1 Secure Payment Methods
Bank Card
Bank card: Visa, Mastercard, etc. This is the simplest and quickest way to place an order. Our bank card payment system is the secure system provided by our banking partner.
Your card number is encrypted directly from your device and then transmitted to the bank's website, where it is decrypted and the payment authorisation is processed. Encryption codes are changed very regularly.
Your bank card number is never transmitted over the internet without encryption. The website www.scandale.com does not receive your banking information, which is why you will be asked to provide it for each order.
PayPal
If you already have a PayPal account, you can make your payment through this secure system, which connects our website to your bank without your banking information passing through our website.
If you do not have a PayPal account, we recommend payment by bank card, which is equally secure, simpler and faster.
The transaction is fully secured using the latest SSL, Secure Socket Layer, data encryption technology.
Klarna
Klarna is an interest-free payment method allowing payment in three instalments. It enables you to make purchases and pay for them in several monthly instalments.
Klarna offers simple payment solutions in more than 200,000 online stores, and more than 95 million customers worldwide have already used these solutions to manage their payments securely.
5.2 Payment Failure
If payment is declined, the seller shall be entitled not to dispatch the products.
6. Delivery
6.1 Delivery Arrangements
Your order is shipped in a discreet and sturdy box in which the products are protected. There are no external markings identifying the contents of the parcel.
If you wish to send a gift, you may select a delivery address that differs from the billing address. This option is available when confirming your order. In this case, the recipient will receive the parcel without an invoice. The invoice will be sent by post to the sender of the gift.
6.2 Delivery Times
Delivery times vary depending on the selected carrier or partner and the delivery country.
For further details, please refer to the “Delivery” section.
Orders placed on Saturday or Sunday are processed on Monday morning. Orders are not processed at weekends.
Delivery times do not include the processing time for your order, which is generally one business day.
6.3 Transfer of Risk
The risk of loss of or damage to the goods shall pass to the consumer when the consumer, or a third party designated by the consumer, takes physical possession of the goods, regardless of their nature.
A product delivered to the consumer by a carrier selected by the seller shall remain at the seller's risk during transit.
A product delivered to the consumer by a carrier selected by the consumer shall travel at the consumer's risk from the time the goods are handed over to the carrier.
7. Right of Withdrawal
Pursuant to Article L221-28 of the French Consumer Code, formerly Article L121-21-8, the customer is informed that the right of withdrawal may not be exercised in certain cases, particularly where products have been worn by the consumer, for hygiene reasons.
7.1 Conditions, Time Limit and Procedure
By accepting these General Terms and Conditions of Sale, you shall have the right to withdraw from the contract without giving any reason within 14 days from the day following receipt of the products.
As a reminder, items must be unused, in their unopened original packaging and with their labels attached.
To return one or more products, please follow the procedure stated on the returns form.
The refund amount shall be calculated based on the value of the item at the time of purchase.
7.2 Effects
In the event of withdrawal, we shall refund the payment received no later than 14 days after the product is received at our premises.
The refund shall be made using the same payment method used for the original transaction.
Customers are reminded that, where withdrawal takes place after the goods have been used, they shall be liable for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the goods. Permitted handling is limited to what a consumer would reasonably carry out in a shop.
The consumer must return the goods to SCANDALE without undue delay and, in any event, no later than 14 days after communicating the decision to withdraw.
This deadline shall be deemed to have been met if the customer sends the goods before the 14-day period has expired.
8. Returns and Refunds
The return arrangements are detailed in the Returns Policy.
8.1 Returns
The seller makes every effort to provide a high-quality service. If you are not satisfied with a product ordered, you may return it to us.
You have 30 days from receipt of your parcel to make a return, in accordance with our Returns Policy available on the website.
Please follow the returns procedure stated on the website.
8.2 Refunds
Refunds are made by crediting the payment method used at the time of purchase: bank card, PayPal or electronic gift card.
SCANDALE reserves the right not to issue a refund if any of the conditions stated above have not been met.
Where an item is not eligible for a refund under our Returns Policy, we may send it back to you at your expense.
8.3 Exchanges
We do not offer exchanges on our website. Should you require a different size, another style or another colour, please return the item and place a new order on our website.
9. Statutory Warranties
The consumer benefits from:
The statutory guarantee of conformity
The warranty against hidden defects
10. Liability
The products offered on this website comply with current French legislation and the standards applicable in France. Muse shall not be held liable for damage of any kind resulting from the improper use of the items sold.
Muse shall not be held liable for failure to perform the contract in the event of stock shortages, product unavailability or force majeure. Force majeure includes all circumstances recognised by case law, namely any exceptional, external and unforeseeable event at the time the contract was entered into that prevents its performance.
11. Personal Data
Data is processed in accordance with the Privacy Policy.
12. Applicable Law and Disputes
This contract is governed by French law. If a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before initiating legal proceedings. If no mutual solution can be found, the courts of Marseille shall have jurisdiction.
12.1 Mediation
The consumer has the right to use mediation to settle a dispute with the professional on an amicable basis.
Mediator contact details: Le Centre de Médiation et d’Arbitrage de Paris, CMAP - Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris - https://www.cmap.fr/consommateurs/
12.2 Prior Complaint
In the event of a dispute, you must contact our Customer Service team, Monday to Friday, excluding public holidays and non-working days, by telephone on +33 (0)4 96 16 06 45, by email at care@scandale.com or through our contact form.