General Terms and Conditions of Sale

1. Preamble

www.sessun.com (hereinafter referred to as "Site") is published by Sessùn SAS, a company with a capital of 60,192 euros, whose registered office is located at 1 rue du Capitaine Dessemond, 13007 Marseille and registered in the Marseille Trade and Companies Register under number B 429 204 282, whose intra-Community VAT number is FR35429204282.

These general terms and conditions of sale (hereinafter "GTCS") apply to any purchase of products for sale on the Site (hereinafter "Items") selected by any purchasing consumer for his or her own use (hereinafter the "Customer") via the Site's electronic ordering platform (hereinafter an "Order") from Sessùn (hereinafter "Sessùn"). They are accessible on the Site on a permanent basis.

Sessùn reserves the right to amend or update these GTCS at any time. The GTCS that apply to any transaction are those that are displayed online on the Site at the time of the Order. Any Order constitutes unconditional acceptance of the GTCS. Acceptance of these GTCS is evidenced by the acceptance click provided for this purpose before any Order is confirmed, the details of which are set out below.

The GTCS represent the entire contractual relationship between the parties and prevail over any other document exchanged between the parties, regardless of the date of transmission to Sessùn. Any special conditions that deviate from or supplement the General Terms and Conditions of Sale must be accepted in advance and in writing by Sessùn.

2. Scope of application

The sale of Items on the Site is exclusively reserved for retail and private customers.

Under no circumstances may the Site be used by professional sellers, individually or collectively, regardless of the method of marketing their products (Internet marketplaces, shopping malls, intermediaries, physical stores, etc.). Professional sellers should contact Sessùn's sales department directly.

The Customer acknowledges and therefore accepts that 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 that are consistent with the typical quantity for an average consumer, ordered for the same product. Sessùn reserves the right to refuse an order that has been clearly made by a professional seller Customer.

Sessùn reserves the right to close any customer account and consequently refuse any sale to a Customer in the following cases:

-       Failure to pay for one or more previous Orders,

-       Non-compliance with any of the Customer's obligations defined in the GTCS.

The Customer will be informed of the closure of his/her customer account and the deactivation of his/her login and password by email.

Similarly, the Customer may at any time inform Sessùn by email of his or her intention to close his or her customer account.

3 Availability of Items

Items are for sale so long as they are displayed on the Site. Les offres ne sont valables que dans la limite des stocks disponibles. In the event of partial or complete unavailability of an Item after placing an Order, the Customer shall be informed by email as soon as possible of the unavailability of the Item and of the partial or complete cancellation of his or her Order.

Sessùn takes great care in presenting and describing these products to provide the best possible information to the Customer. However, it is possible that occasional minor errors could appear on the Site.

4. Orders

The procedure for placing an Order on the Site is subject to compliance with the various steps that the Customer must follow to validate his or her Order.

The Customer selects the Item(s), and if applicable the size and quantity he/she wishes to purchase on the Site by clicking on "Add to Cart".

When the Customer wishes to confirm the Order, he/she must click on "Order" from the Shopping Cart page.

The Customer must then log in. When creating an account, he/she must complete the form provided for this purpose under the "Create Account" option (last name, first name, e-mail address, postal address, telephone number), this information being required for the processing and delivery of Orders and the preparation of invoices. The Customer must read the privacy and personal data processing policy and tick the box provided for this purpose. If the Customer already has an account, he/she will need to enter his/her username and password to log in.

The Customer then selects the box that corresponds to the desired delivery method. The price for each delivery method is shown.

The Customer then sees an Order summary containing the price of the Items, the quantity requested, the unit cost of the Items and the delivery method and cost. At any time, the Customer may modify his or her Order and amend any errors.

The Customer pays by choosing the payment method and filling in the necessary fields. By clicking on the "Place your order" button the customer accepts all the General Terms and Conditions of Sale.

 The Order is then placed and cannot be modified, without prejudice to the application of the article of these GTCS relating to the right of withdrawal. Upon receipt of payment for the Order, Sessùn sends a confirmation email summarizing the Order (Items, price, quantity...). The Order and invoice can be found in the "My Account" section.

5. Prices and payment terms

Unless otherwise stated, the selling prices of the Items are shown in euros (€) and include all taxes (including VAT, which may differ according to the invoicing country).

These prices do not include any additional shipping costs. These costs are specified before the Order is placed by the Customer and are listed separately in the Order summary. The total price of the Order (including all taxes and shipping costs) is displayed in the shopping cart and in the Order summary.

The Site lists the different shipping methods under the "Delivery" section. The Customer selects the shipping methods when placing the Order.

For sales outside the European Union, prices are given FOB from Paris. The customer is responsible for customs clearance and the payment of various duties or taxes.

Sessùn reserves the right to modify its prices at any time but the Items shall be invoiced at the prices applicable at the time the Order is placed, subject to availability.

Payment for purchases is made via the secure CIC payment / PayPal platforms. The Customer expressly acknowledges that by providing Sessùn with his bank card number, he/she authorises the debit of his/her account for the amount of the Order.

The data recorded and stored by Sessùn constitute proof of the order and of all transactions made. The data recorded by CIC / PayPal constitute proof of transactions.

6. Delivery

Delivery can only be made to countries listed in the "Frequently Asked Questions / Delivery" section.

The Customer can choose between several delivery methods available during the Order process.

Delivery is made according to the delivery method chosen by the Customer, as indicated in the Order confirmation. The times indicated on the Website are estimates (which may be longer during the launch of a collection or commercial operations) and are based on the average processing and delivery times. Sessùn shall not be held responsible for the consequences arising from a delayed delivery provided that it can prove that the delay can either be attributed to the consumer, an unforeseeable and insurmountable act by a third party to the contract, or a force majeure event.

Delivery is made to the delivery address specified by the Customer, it being understood that this must be the residential address of the Customer, a natural person of his or her choice or a legal entity (delivery to his or her company). Delivery cannot be made to hotels or post boxes.

Orders are shipped on average within 24 (twenty-four) hours, but this can be extended to 10 (ten) business days. To ensure that these deadlines are met, the Customer must make sure that he or she has provided accurate and complete information on the delivery address (such as street number, building number, stairway number, access codes, names and/or intercom numbers, etc.).

Sessùn will deliver orders within a maximum of 14 (fourteen) working days for delivery to Metropolitan France and 20 (twenty) working days for international delivery from the day following order confirmation. If the delivery time is not met and not justified by force majeure, the Customer may request cancellation of the sale and obtain a refund of the amounts paid for the sale within a maximum period of 14 (fourteen) days following the date on which the agreement is terminated.

7. Right of withdrawal

The Customer has a right of withdrawal for a period of 15 (fifteen) days from receipt of the Order.

The Customer must express their will to withdraw to Sessùn by placing a return request on the Website by clicking on "Return one or more products" in the "My account/My Orders" space, or by sending a withdrawal form to the Sessùn headquarters, at the following address Sessùn - Customer Service Department 1 Rue du Capitaine Dessemond 13007 Marseille FRANCE. In the latter case, Sessùn will send the Customer an acknowledgement of receipt of the withdrawal by email without delay.

WITHDRAWAL FORM

For the attention of the Sessùn Customer Service Department, 1 Rue du Capitaine Dessemond 13007 Marseille FRANCE - hello@sessun.com

I hereby notify you of my withdrawal from the contract for the sale of the goods (Item(s) returned)/for the provision of services (*) below:

Order date:

Order number:

Consumer name(s):

Consumer address(es):

Returned item(s):

Consumer signature(s) (only if this form is submitted on paper):

Date:

The Customer must then return the Items to Sessùn within 14 (fourteen) days following the communication of their decision to withdraw. The Item(s) must be returned in its (their) original packaging, in its (their) original condition: new and unwashed.

Lingerie products such as bodysuits, socks and other lingerie items cannot be returned or exchanged.

Customers from countries outside Metropolitan France shall bear the full shipping costs of return.

To return a product, the Customer must follow the procedure set out in the "Frequently Asked Questions / Returns and Refunds" section.

For a full return, all amounts paid by the Customer shall be refunded by Sessùn using the same means of payment as that used for the payment of the Order no later than 14 (fourteen) days after Sessùn is notified of the Customer's decision to cancel the order. Refunds may be deferred until the Items are retrieved or until the Customer has provided proof of shipment of the Items, depending on which of the two dates is the earliest. Sessùn is not required to pay any additional costs resulting from a delivery method that is more expensive than the standard delivery method. The return costs are borne by Sessùn if the delivered Item is different from the ordered or damaged Item. If the Customer fails to comply with these GTCS, specifically the conditions for returns, Sessùn may not reimburse the Items concerned.

For returns from countries outside the European Union: returns must be sent by Parcel (an Ordinary Parcel). The customer must complete the CN23 Customs Declaration, provide a description of the goods and tick the box "Return of goods" in the "category of shipment". The Customer must also submit the invoice for the Order in question to prove that the goods are identical.

 
8. Guarantees and claims

Complaints: Upon receipt of the Items, the Customer must immediately check the condition and conformity of the Items with the Order, including the quality and quantity of the Items and their specifications. If the Items are not consistent with the Order or are damaged, the Customer must submit reservations and complaints to the carrier or refuse delivery if the package is opened or damaged, and address his complaints by registered letter to Sessùn - 1 rue du Capitaine Dessemond - 13007 Marseille or by email to the address hello@sessun.com within 15 (fifteen) days from the date of delivery. The Customer must then fully specify and justify the reasons for the complaint. No claims will be considered if the use of the items is deemed disproportionate. No spontaneous returns made without Sessùn's approval will be accepted, except where the right of withdrawal is being exercised.

Legal guarantee: The Items sold are also covered by the legal compliance guarantee provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the guarantee relating to defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of Article L. 217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are hereinafter reproduced in full.

Article L. 217-4 of the French Consumer Code

“The seller is required to deliver goods that are consistent with the contract and is liable for any non-conformity found at the time of delivery.

He/she shall also be liable for any non-conformity caused by the packaging, assembly or installation instructions when such responsibility is stated in the contract or when it has been carried out under his/her responsibility.”

Article L. 217-5 of the French Consumer Code

“The good is consistent with the contract:

1. If it is suitable for its intended use and, if applicable:

- if it corresponds to the description given by the seller and has the same qualities as those provided by the latter to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect based on the information publicly provided by the seller, the producer or his or her representative, such as in advertising or labelling;

2. Or if it presents the specifications defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which is known to the seller and which the latter has accepted."

Article L. 217-12 of the French Consumer Code

“Any claim for non-compliance must be filed within two years of delivery of the goods.”

Article 1641 of the French Civil Code:

“The seller is bound by the guarantee for hidden defects in the product sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if he or she had been aware of them.”

Article 1648 paragraph 1 of the French Civil Code

“Any claim for inacceptable defects must be filed by the purchaser within two years of detection of the defect.”

Except as provided for in these GTCS, sold Articles cannot be returned or exchanged.

When acting in accordance with the legal compliance guarantee, the consumer: - is entitled to a period of 2 (two) years from the delivery of the product to make a claim; - may choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; - is exempt from providing proof of the non-conformity of the goods during the 24 (twenty-four) months following delivery of the goods. The legal compliance guarantee applies independently of the commercial guarantee provided.  The consumer may decide to enforce the guarantee against hidden defects in the product sold within the meaning of Article 1641 of the French Civil Code. In this case, he or she may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

 
9. Liability

Sessùn only has a best endeavours obligation for all stages of Site access, from the Order process to the shipment of the parcel or subsequent services. Sessùn cannot be held liable for any inconvenience or loss incurred as a result of using the Internet, including but not limited to network failure, unauthorized access or computer viruses, or any event deemed to be force majeure, in accordance with the law and jurisprudence.

10. Personal Data

When entering the Customer's personal data, the Customer must ensure that the data provided is accurate and complete. If there is an error in the wording of the recipient's contact details, Sessùn cannot be held responsible for any failure to deliver the Order.

Sessùn collects personal data concerning the Customer at the time of registration for the purposes of any Order placed on the Site. This data is only used within the framework of Sessùn's commercial relationship with its Customer in accordance with the privacy and personal data processing policy, which also specifies the rights that the Customer has regarding his or her personal data collected and processed by Sessùn.

11. Retention of ownership

The ordered Items remain the property of Sessùn until full payment of the price by the Customer, in principal and any related costs. In the event of non-payment on the agreed due date, Sessùn reserves the right to take all necessary measures to retrieve the Item(s).

12. Force Majeure

If an event of force majeure, the party concerned must inform the other within 15 (fifteen) days of the occurrence of the event, by registered letter with acknowledgement of receipt. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than 3 (three) months, the Order concerned may be automatically cancelled without compensation for any party. 

13. Applicable law – Mediation – Competent court

These GTCS are governed by French law.

In the event of a dispute over an Order covered by these GTCS, the Customer must send its claims in writing to Sessùn by email to hello@sessun.com or by post to Sessùn's registered office, specifying and justifying in full and in writing the grounds for the claim.

If the issue is not resolved after such a claim, the Customer has the option of using an alternative method to settle the claim.

The Customer is entitled to call upon a consumer ombudsman free of charge (excluding any lawyer and consultancy fees) to resolve the dispute between the Customer and Sessùn amicably, provided that (i) the Customer has previously attempted to resolve the dispute directly with Sessùn by way of a written claim as indicated above, (ii) his or her claim is well-founded, and (iii) the dispute has not been examined by any other ombudsman or by a court. The Customer has a period of 1 (one) year from the date of his/her written claim to Sessùn to submit his/her request to the ombudsman.

The Customer may send his/her request by post to the 'Centre de la Médiation de la Consommation de Conciliateurs de Justice' (CM2C), at the following address: CM2C - 14 rue Saint Jean - 75017 Paris - France or

- by email: contact@cm2c.net. or

- online at: www.cm2c.net.

For any further information on the mediation procedure, the Customer can visit CM2C' website (http://www.cm2c.net) or contact CM2C directly by telephone on +33 (0)1.89.47.00.14.

The client can use the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/.

In the event of a dispute relating to an Order or to the application of these GTCS, the consumer may refer the matter either to one of the territorially competent courts under the French Civil Procedure Code, or to the court of the place where they were living at the time of the conclusion of the contract or when the harmful event took place.