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Terms and Conditions

 

GENERAL TERMS AND CONDITIONS OF USE FOR THE WEBSITE AND SALES

1. Introduction

1.1. Welcome to www.maisonskorpios.com, your online store for exclusive luxury fashion garments and accessories. Skorpios is a personal project of Adriana Abascal, resulting in fashion garments and accessories with an exclusive, quality design.

Our products are marketed under the Skorpios brand through Aztelusso S.A.S (Société par Actions Simplifiquée) a company incorporated under French law, (hereinafter, “AZTELUSSO”).

The products marketed by AZTELUSSO are available exclusively on our website www.maisonskorpios.com. We do not sell at physical stores or through distributors or third parties, allowing us to guarantee a high quality of personalised service.


1.2. These General Terms and Conditions (hereinafter, the “General Terms and Conditions”) govern the sale to end consumers (hereinafter, the “Customers”) of fashion garments and accessories of the SKORPIOS brand (hereinafter, the “Products”) via its website, www.maisonskorpios.com (the “Website”) following formalisation of a purchase order, in addition to the terms of use for browsing the Website.



The resale or transfer of products purchased on the Website for commercial or professional purposes is strictly forbidden.



1.3. Please bear in mind that the General Terms and Conditions are supplemented by our Privacy Policy and our Cookies Policy. We would ask you carefully to read these documents before browsing the Website or placing any order for Products via this platform, since by browsing or registering on the Website or placing an order for Product, the Customer explicitly declares familiarity with the terms of said documents, and accepts the conditions set out therein.



1.4. Place of delivery: please bear in mind that we can only deliver the Products acquired on the Website in the following territories: [Internal note: please indicate the relevant territories for delivery]





2. Terms of use of the Website


2.1. Lawful use of the Website. By accessing and browsing the Website you undertake to make lawful and fair use thereof. In particular, you undertake (i) to make use of the Website only in order to place legally valid orders; (ii) not to place any false or fraudulent order; (iii) to provide us with truthful information about you, and in particular regarding your contact details.



Should AZTELUSSO have any reasonable suspicion that you have placed an order of this nature it will be authorised to cancel it, and if it deems so appropriate, to inform the relevant authorities.



2.2. Viruses and digital attacks. You undertake to make no improper use of the Website. In particular, you undertake not deliberately to introduce any viruses, Trojans, worms or any other type of technologically damaging or harmful material or program, and not to stage denial of service or distributed denial of service attacks. You likewise undertake not to perform any acts in an attempt to achieve unauthorised access to the Website, or to the server where said site is hosted.



In the event of a breach of this clause, you will no longer be authorised to make use of the Website, and AZTELUSSO will inform the competent authorities thereof and cooperate with them in order to uncover your identity.



AZTELUSSO will not bear liability for any damage or loss resulting from a denial of service attack, viruses or any other technologically damaging or harmful program or material that could affect your computer, IT equipment, data or materials as a consequence of the use of this website or the downloading of content from it or any to which it might redirect.



2.3. Third-party content. In the event that the Website contains links to other sites and third-party materials, such links are provided solely for information purposes. AZTELUSSO therefore declines all liability regarding the content thereof (and their materials), and will therefore not be liable for any damage or loss derived from their use.



2.4. Service availability. The articles offered via this site are available only for shipment as described below.



It is possible that on occasion the service may be temporarily unavailable, given the nature of the Website itself, and of the services offered thereon. It is furthermore possible that on occasion the information available on the Website might not be up to date, and we therefore do not guarantee the accuracy and security of the information transferred or obtained via this site.





2.5. Causes of Force Majeure. AZTELUSSO shall not be liable for any failure or delay in the performance of any of its obligations, where such failure is due to force majeure as defined in Article 1218 of the French Civil Code.

For these purposes, throughout the duration of the Cause of Force Majeure obligations will be suspended, with AZTELUSSO being granted an extension to the deadline for performance of such obligations, of a period equal to the duration of the Course of Force Majeure.





3. Purchasing process


3.1. You may purchase the Products marketed by AZTELUSSO under the SKORPIOS brand by selecting them on the Website and adding them to the “Shopping Bag”.



The Customer’s Shopping Bag will include a description of the Products, including measurements or sizes (where applicable), together with one or more digital photographic images clearly displaying the Products.



3.2. Although AZTELUSSO constantly adopts measures to ensure that the photographs that appear on the Website precisely reflect the original products, there may be certain discrepancies because of the technical characteristics and colour resolution of the device used by the Customer. AZTELUSSO therefore declines all liability for any possible deficiency in the graphical representations of the Products displayed on the Website for technical reasons.



You should therefore enter your Shopping Bag section in order to view the selected Products and the total price of the purchase order.



Once the Products have been selected and added to the Shopping Bag, you must as a Customer continue the purchase process for the Products by completing the electronic Order Form. Before submitting the Order Form via the system established on the Website, the Customer may confirm their order in the “Order Summary” section. You have the right to register on the telephone application opposition list accessible at http ://www.bloctel.gouv.fr.



You will subsequently need to complete the purchase process by submitting the electronic Order Form by means of the “Complete Order” button, which will bring up a page summarising the order. If any of the products selected by the Customer is unavailable when the order is completed, AZTELUSSO will automatically update the Shopping Bag, removing the unavailable product from it, or will inform the Customer by email as soon as possible, as described in section 3.8 below.



By selecting the “Complete Order” button, the Customer declares that he/she is of legal age and enjoys sufficient legal capacity to consummate the corresponding sale and purchase agreement.



The Shopping Bag cannot contain any more than [*] individual Products. Customers wishing to receive an invoice will need to select the corresponding option on the Order Form. Provision is also made for Customers to indicate a delivery address different from their billing details. Please take into account the indications given in Clause 4 of the Terms and Conditions regarding the issuing of electronic invoices.



3.3. By clicking on the button “Order and Pay” “, you accept as Customer that the Agreement is subject to these General Terms and Conditions that you expressly accept by checking the box indicated to that effect, and also the Privacy Policy and Cookies Policy of the Website. If you find any error in your order after the payment process is completed, you must immediately contact our customer service department at the following address [*].



3.4. Notwithstanding the above, you should bear in mind that all orders are subject to acceptance by AZTELUSSO, which at its sole discretion reserves the right not to process any proposed order in the event that:



the details provided by the Customer when completing the form are incomplete or inaccurate;
the Customer cannot be classified as an end consumer, or does not fulfil the requirements to apply the payment terms;
the Products requested are not available. AZTELUSSO will in this regard not be liable for any variations in the availability of certain Products. For further information as to Product availability, please carefully read the “Product Availability” section included below.
The destination of the Products is located outside the following territories [Internal note: please complete with the corresponding territories]


3.5. In the cases indicated above, AZTELUSSO will proceed to inform the Customer by email that the proposed order has not been accepted (in whole or in part), specifying the reasons for this. If the entire order is rejected, a contractual agreement will be deemed not to have been established. In this case



3.6. The purchase agreement between the Customer and AZTELUSSO will be consummated only at the point at which AZTELUSSO accepts the Order Form and the previously accepted Payment, and once the Customer has submitted this by clicking on the “Order and Pay” button (hereinafter, the “Agreement”). In this case, AZTELUSSO will send the Customer confirmation that the purchase order is in the process of execution, to the email address that the Customer has given.



3.7. Before confirming the order, the Customer must confirm that he/she has read and accepted these General Terms and Conditions. Once the purchase process has been completed, a version of the General Terms and Conditions will be sent to you by email.



3.8. Product Availability: Our Products are the result of an exclusive, crafted design and production process, making them unique items. Customers therefore acknowledge that they are limited in number, and are therefore aware that AZTELUSSO will need to confirm availability at the moment of purchase.



It may therefore occur that after a Product has been selected and added to the Shopping Bag, it might not be available. In such cases we will update the Shopping Bag or immediately inform you by email of forthcoming availability, and any similar products that might be of interest to you.





4. Price and terms of payment


4.1. The sale prices of the Products, shipping charges and payment methods are as indicated on the Website, and are stated in euros.



4.2. The sale prices of the Products include VAT or the equivalent tax, but do not include shipping charges, which will be added to the total amount owed. The applicable VAT rate will be the rate legally in force at the time in question depending on the type of Product acquired and the location indicated for delivery of the Products. It must in this regard be borne in mind that Products required for delivery in the Spanish territories of Ceuta, Melilla and the Canary Islands will not be subject to VAT, although the corresponding tariffs and applicable taxes may be levied in accordance with the taxation regulations in force at the time in question.



4.3. The total amount shown on the Order Form includes any shipping charges which may apply, which will be indicated separately.



AZTELUSSO will in any event request explicit consent from the Customer in order to charge any additional cost.



4.4. The prices given on the Order Form and shown in the “Order Form Acceptance” section will be collected from the Customer once the “Pay” button is pressed, provided that the requested Products are available at that time.



Please bear in mind that the prices of the Products offered for sale on the Website may change at any time and without prior notice, although we will under no circumstances modify the price of Products that the Customer has already acquired by selecting the “Pay” button.



4.5. AZTELUSSO only accepts credit cards and the other forms of payment explicitly indicated on the Website.



4.6. For the purposes of credit card payments, Customers confirm and guarantee that they are the holders of the credit card used for the purchase, and that all relevant details indicated at the moment of purchase are accurate, such as the credit card number, the expiry date and, where applicable, the security code.

The Customer will be charged the amounts for the transactions only after:



verification of the credit card details;
receipt of debit authorisation from the company issuing the credit card used by the Customer; and
confirmation by AZTELUSSO that the product is available, and in any event once the Order is ready to be processed.


As a result, no amount will be charged when the Order is made, with amounts being collected for the corresponding transactions only once the Confirmation Email is received from AZTELUSSO.



4.7. For the purposes of payment via other payment service providers, the Customer confirms and guarantees that they are the holder of the account used for the purchase.



4.8. The Products purchased will be sent only once the amount owed by the Customer has been duly paid.



If the amounts owed cannot be collected from the Customer for any reason, the sale process will be automatically terminated and the sale cancelled, with the Customer being subsequently notified in accordance.



4.9. In the event that one or more Products are not available and the Customer has decided not to cancel the order in full, only the price of the Products available and any possible associated shipping costs will be charged.



4.10. By accepting these General Terms and Conditions, the Customer accepts and explicitly authorises issuance by AZTELUSSO of an electronic invoice which will be sent in PDF format to the Customer’s email address. The Customer will nonetheless be entitled at any time to revoke this consent and to indicate that they wish to receive a hard-copy invoice, in which case AZTELUSSO will issue and send the invoice in hard copy.





5. Shipment and delivery methods


5.1. The products will be delivered to the address indicated by the Customer for this purpose on the Order Form and Payment, and on the basis of the deadlines and formats established for the delivery service chosen by the Customer from among the options available on the Website, and in any event at the latest within 30 calendar days of acceptance by AZTELUSSO of the Customer’s Order Form and Payment.



5.2. AZTELUSSO reserves the right to divide an order into multiple deliveries depending on Product availability. AZTELUSSO will in this case inform the Customer by email, and may collect payment from the Customer for the Products as and when they are sent, or as one single payment.



5.3. Transport costs are payable by the Customer, and may vary depending on the delivery service chosen.



When the shipment is sent out, AZTELUSSO will send the Customer an email informing them of effective shipment and providing indications as to how to track the shipment.



In the event of shipment delays for reasons outside the control of AZTELUSSO, the Customer will be duly notified by the AZTELUSSO customer service department



5.4. Customers bear the risk of loss or damage to the Products once the Customer or a third party designated by the Customer and other than the carrier takes physical possession of the Products in question.



Meanwhile, in the event that the loss or damage to the Product occurs before physical handover to the Customer or to a third party designated by the Customer, AZTELUSSO will reimburse the Customer any amounts already paid.



5.5. Should it prove impossible safely to deliver the Products at the address given for this purpose because no one is available to receive them, the Customer will be sent email notification to the address indicated on the Order Form and Payment, indicating where the Products are available to be collected by the Customer.



30 business days after said notice is served, if the Products have not been collected by the Customer it will be understood that they have withdrawn from the sale and purchase performed, with the provisions of Clause 6 below regarding withdrawal applying.



5.6.- ATTENTION FOR SALE TO MEXICO

The purchase of footwear and accessories destined for Mexico may be subject to restrictions and regulations that must be complied with prior to their entry into Mexican territory, as well as to inspection of the merchandise itself.



For products with a value of over 1,000 US dollars, the formalities of Mexican legislation must be complied with before the merchandise reaches their border control.



The Mexican authorities may request the completion of customs clearance formalities subject to a formal import process through a customs broker. This may also include registration to the Importers' registry. The aforementioned processes are not the responsibility of MAISON SKORPIOS and must be managed by the customer themselves.



Should you receive a notification requiring the compliance of the aforementioned procedures and you do not respond within the legal deadline, or, if the procedure is inconclusive; MAISON SKORPIOS will consider the sale complete without the right to reimbursement.



In the event that the goods are stopped in customs, the purchaser must be in communication with the courier service or the customs administration and contact MAISON SKORPIOS immediately. The cancellation of the purchase will not proceed until the completion of the procedure with the customs authority. For exchanges and returns, the customer is responsible for the release and shipment of the goods to the country of origin.





6. Product quality and legal warranty (product conformity)


6.1. AZTELUSSO guarantees the authenticity and quality of all the Products offered for sale on the Website.



6.2. The “SKORPIOS” brand, and all the figurative and non-figurative branding and, more generally, all other trademarks, illustrations, images and logos found on the Products, accessories and/or packaging corresponding to “SKORPIOS”, in addition to the Product designs, irrespective of whether or not they are registered, are and shall remain the exclusive property of AZTELUSSO. Any total or partial imitation, total or partial reproduction, modification, alteration or use of such trademarks, illustrations, images and logos is strictly forbidden, for any reason and in any format.



6.3. “SKORPIOS” Products are subject to thegarantías provisions of the applicable laws, and any additional contractual warranties that might be offered to the Customer. The Customer must at the time of delivery check the Products to confirm that they match the articles ordered, and are free of any manufacturing defects or non-conformities.



6.4 AZTELUSSO is responsible for the non-conformity of the products sold under the Contract (articles L. 217-4 to L. 217-16 of the French Consumer Code) as well as for hidden defects, in accordance with the provisions of articles 1641 to 1648 and 2232 of the French Civil Code.



When the customer as a legal guarantee of conformity, the customer:



· has a period of two years from the delivery of the Product to act;

· may choose to repair or replace the Product, provided that the choice does not entail a cost that is manifestly disproportionate to the other method, taking into account the value of the Product or the extent of the defect;

· is exempted from providing proof of non-conformity of the Product for twenty-four (24) months after delivery of the Product, in the case of a new Product. In the case of second-hand products, the customer is exempt from providing evidence of the existence of the non-conformity of the product during the six (6) months following delivery of the product.



In addition, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The customer may decide to apply the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the customer can choose between cancellation of the sale or a reduction in the sales price in accordance with Article 1644 of the French Civil Code.



Article L. 217-4 of the Consumer Code: The seller delivers the goods in accordance with the contract and is responsible for any lack of conformity existing at the time of delivery.

He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where these have been entrusted to him by contract or carried out under his responsibility.



Article L. 217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it is suitable for the use normally expected of a similar good and, where appropriate :



if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;
whether it has the qualities which a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or on labelling ;


2° Or if it has the characteristics defined by common agreement between the parties or if it is suitable for any special use sought by the buyer, made known to the seller and accepted by him.



Article L. 217-12 of the French Consumer Code: The action for lack of conformity prescribes two years after the delivery of the goods.



Article L. 217-16 of the Consumer Code: When the buyer asks the seller, in the course of the commercial guarantee granted when purchasing or repairing a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period shall be counted from the date of the request for action by the buyer or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for action.



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



Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of execution, within one year from the date on which the seller can be exempted from the apparent defects or lack of conformity.

6.5 In order to serve notice of the existence of defects or non-conformities and to demand any of the remedies referred to above, Customers may contact AZTELUSSO at the addresses indicated in subsection 11 of these General Terms and Conditions.





7. Withdrawal and returns policy
Returns and Exchanges



We hope you are thrilled with your order. Nevertheless, should you wish to exchange or refund, we ask that all items are returned unworn and in all their original packaging within 14 days of receipt in order to receive a full refund.

We cannot accept the following returns:

- Shoes that have been worn

- Any shoes deemed by us not in a condition to be resold

- Items where the branded packaging has been damaged or missing

- Any item requested for return outside the 14 days time frame





In order to return an item, simply click here and login using your order number and email address. A prepaid shipping label will be sent to you by email and we will notify you of your refund once we have received and processed the returned item. All refunds are processed within four weeks upon receipt of the returned item.



Please note, the shipping fees of an unaccepted return is the responsibility of the customer.





Shipping





We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.



When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.





8. Contract withholding




9. Applicable law and dispute resolution


9.1. The Agreement will be governed by French Law.



9.2. The customer can use a consumer mediation service free of charge to resolve any dispute related to the contract amicably. The Customer may contact the mediation service offered by [to be completed with the identity and contact information of the mediation service].







In the event that a dispute arises regarding the validity, conclusion, interpretation, performance and/or termination of the Agreement, the Customer may bring an action before (i) the court of the place where AZTELUSSO is domiciled, or (ii) the court of the place where the Customer is domiciled, or (iii) the competent court at the place of delivery of the product.





10. Modifications to the General Terms and Conditions of sale


10.1. AZTELUSSO reserves the right to revise and modify the General Terms and Conditions at any time in order to adapt them to new services and functionalities. It is the responsibility of the Customer to verify the General Conditions in force when the Order Form and Payment is accepted and the corresponding contractual Agreement is consummated.



10.2. The commercial relationship between AZTELUSSO and the Customer will be subject to the General Terms and Conditions in force when and Order Form and Payment is accepted and the corresponding contractual Agreement is consummated.





11. Contact details


11.1. In the event of any claim, additional information or assistance connected with the Website or the purchase process, and in the event of any request for information and/or clarifications regarding these general Terms and Conditions, Customers may send an email to the following address: [*] or contact the Electronic Commerce Customer Service Department, [].



Last updated: ___________



Annex 1: Withdrawal and return form

(Please complete and return this form only if you wish to cancel the contract or return the products to AZTELUSSO under the conditions set out in the contract).

For the attention of AZTELUSSO 58 avenue Foch 75116 Paris

I hereby notify you of my withdrawal from the contract of sale of the following product(s) (*) and my wish to return the following product(s) (*) :

Order: [...](*) / Order received on : [...](*)

Order number:

Customer's name:

Customer's address:

Street:

Zip code :

City:

Country:

Sign it:

Date:

(*) Delete as appropriate