GENERAL SALES CONDITIONS
Preamble/ Seller’s Identity/ Access to Professional and Commercial Rules (if applicable)
The preamble reminds the objective of the general sales conditions. It also serves to remind, if necessary, that some products sold on the site are subject to specific sales conditions. The preamble also allows knowing the professional and commercial rules to which the seller intends to adhere, if applicable.
The following conditions specifically provide the following information:
- Methods for reproducing and archiving these conditions
- The legal mentions of the website
- The general terms and conditions of use of the site
- The essential characteristics of the goods offered
- The different steps to follow for concluding the contract online
- The technical means for identifying and correcting errors made when entering data
- The languages offered
- The methods for archiving and accessing the contract
- How to consult the professional and commercial rules the seller intends to adhere to
- Legal and contractual guarantees
- Delivery times, costs, and methods
- Delivery tracking and the costs of remote communication techniques
- The price
- Payment methods and security measures
- Details on how to exercise the right of withdrawal
- The contract duration and price validity period.
Last updated on 01/09/2018
To see the general terms of use of the website
It is initially specified that these conditions exclusively govern sales through the site. These conditions are addressed to a consumer who has full legal capacity. They apply to all orders placed on this site.
Samy is not the manufacturer of the goods for sale. The presented characteristics (photos, descriptions, etc.) are provided by the supplier. However, Samy respects the quality and current manufacturing standards.
If the product and/or characteristics do not match the product received by the customer.
These general conditions are presented in the French language.
We operate under and are subject to the micro-enterprise regime.
Section 1 – The Different Steps to Follow for Concluding the Online Contract
Order
You make your selection while browsing the pages of our site. Your selections are added to your cart when you click on "Add to Cart." At any time during your navigation on our site, you can validate your order by clicking on "Checkout."
Contract Validation
When you click on "Checkout," a confirmation message appears, summarizing all the selected products and options. On this page, you can either update your cart by changing quantities and/or removing item(s) or proceed by checking the box: "I accept the T&Cs" and "Secure Payment."
You must verify all the information transmitted in this order form, especially the elements necessary for delivery (delivery address, access code, phone numbers, etc.). The prior collection of identification elements (first name, last name, email address, bank details, etc.) facilitates the contract conclusion steps. The customer can save their details by checking the box "Save my details for next time."
If you do not need to modify the form and want to proceed with your order, you must click "Continue to Shipping Method."
To complete your order, you finally need to click "Continue to Payment Method" and then "Place My Order."
After payment on our secure server (see "payment"), an acknowledgment of receipt is displayed. It confirms the recording of your order and informs you that a confirmation email will be sent to you as soon as possible.
In case of a risk concerning product availability, we reserve the right to refuse an order for the same product if the quantity exceeds 100 units.
Technical Means for Identifying and Correcting Errors
You have the ability to identify and correct any errors made when entering your data at any time. If you notice an error after concluding the contract, you must contact us.
Section 2 – Archiving and Access to the Contract
We will archive contracts, order forms, and invoices on a reliable and durable medium.
You have the right to access these documents for orders of €120 or more.
Section 3 – Legal and Contractual Guarantees
Legal Guarantees
In accordance with current legal provisions regarding the conformity of goods to the contract, and hidden defects (available in appendix 1 of these conditions), we will refund, repair, or exchange any product that is apparently defective, damaged, or does not match your order.
We will also refund all return shipping costs upon presentation of the necessary evidence (photo, video, etc.).
In such cases, we invite you to consult our refund policy.
Liability
We do our utmost to satisfy you. We are responsible for the proper execution of these general terms. However, our liability cannot be engaged due to a fortuitous event, force majeure, the unpredictable and insurmountable action of a third party to the contract, or the non-compliance of the product with foreign legislation in case of delivery in a country other than France.
Section 4 – Delivery Times, Costs, and Methods
Delivery Methods
We will deliver the products to the address indicated in the order form.
Delivery Time
We will deliver at the latest by the date indicated in the confirmation email of your order (7 to 21 business days).
In case of a delay in delivery, we will inform you via email as soon as possible and offer a new date.
If the ordered product is unavailable, we will inform you as soon as possible and offer a product of equivalent quality or price.
Delivery Costs
On Samy, delivery costs are free.
Delivery Tracking
You can contact us via email for any questions related to your delivery.
However, we remind you that we offer the "Order Notification" service, which provides real-time updates on the status and progress of your order (on average, one notification every two days).
Section 5 – Price
Our product prices are listed in euros, excluding taxes (VAT not applicable, article 293 B of the CGI).
If you request delivery outside the French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.
Payment of these duties and taxes is your responsibility, and we invite you to inquire with the competent authorities of your country. You should also verify the import or usage possibilities of the products you order from us in the destination country.
Section 6 – Payment Methods and Security Measures
We do not collect your payment until the time of shipment. Therefore, you can freely cancel your order as long as it has not been handed over to our carrier for shipping. Once your order is handed over for shipment, you will receive an email informing you that we will process your payment.
However, payment may sometimes be collected upon the contract's conclusion.
Payment Methods
You have several payment methods to pay for your purchases on this site.
- By credit cards: Visa, MasterCard, American Express, and other cards:
Payment is made through the secure servers of our partners STRIPE. This means that no banking information about you passes through our site.
Therefore, payment by credit card is perfectly secure, and your order will be recorded and validated as soon as the payment is accepted by the bank of your choice.
- By PayPal:
With PayPal, your financial information is never shared with Samy. PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
Security
Payments on our site are secured by a protection system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card data. To protect you against potential intrusions, we do not store credit card numbers on our servers.
Section 7 – Satisfaction or Refund: How to Exercise the Right of Withdrawal
In accordance with legal provisions, within 14 days following the receipt of your product, you can exercise your right of withdrawal. You are not required to provide reasons or pay penalties. With the exception of return shipping costs, which remain at your expense, we will refund all amounts paid within 30 days following your withdrawal. Upon our suggestion, you may also opt for another refund method.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, based on the consumer’s specific specifications, or on audio, video, or software recordings unsealed by the customer.
Section 6 – Contract Duration and Price Validity
The products remain the full property of Samy until full payment is received by PayPal or Stripe.
Our price offers are valid within the double limit of the offer’s validity period and available stock.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
Section 7 – Applicable Law/ Competent Jurisdiction
These conditions are subject to French law.
In case of a dispute over the substance or form, only French courts will have jurisdiction.
Section 8 – Contact Us/ After-Sales Service
If you wish to contact us, our customer service is available through the "Contact Us" page.
Section 9 – Personal Information
We collect your personal information for managing your orders and maintaining our commercial relationships.
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, correct, and oppose personal data concerning you. Simply contact our Customer Service online, providing your first name, last name, email address, and, if possible, your customer reference.
Appendix 1: Provisions of the Consumer Code Regarding the Legal Guarantee of Conformity
Article L211-4
The seller is required to deliver a product that conforms to the contract and is responsible for any conformity defects existing at the time of delivery.
They are also responsible for defects related to packaging, assembly instructions, or installation when this has been the seller’s responsibility according to the contract or performed under their responsibility.
Article L211-5
To conform to the contract, the product must:
- Be suitable for the usual purpose expected of a similar product and, where applicable:
- Match the description provided by the seller and possess the qualities presented to the buyer through a sample or model;
- Have the qualities that a buyer might reasonably expect based on public declarations made by the seller, producer, or their representative, particularly in advertising or labeling;
- Or possess characteristics mutually agreed upon by the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge, and accepted by the seller.
Article L211-6
The seller is not bound by public declarations made by the producer or their representative if it is established that they were not aware of them and could not reasonably have been aware of them.
Article L211-7
Conformity defects that appear within six months from delivery are presumed to have existed at the time of delivery unless proven otherwise.
The seller may refute this presumption if it is incompatible with the nature of the product or the defect in question.
Article L211-8
The buyer is entitled to demand the conformity of the product to the contract. However, they cannot contest the conformity by invoking a defect that they knew about or could not have been unaware of at the time of contracting. The same applies if the defect originates from materials supplied by the buyer.
Article L211-9
In the event of a conformity defect, the buyer may choose between repairing or replacing the product.
However, the seller may opt not to comply with the buyer's choice if that option incurs a manifestly disproportionate cost compared to the other, considering the value of the product or the significance of the defect. In such cases, the seller is required to proceed with the other option, provided it is possible.
Article L211-10
If repair and replacement of the product are impossible, the buyer may return the product and receive a refund or keep the product and be reimbursed for part of the price.
This option is also available:
- If the solution requested, offered, or agreed upon in accordance with Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
- Or if this solution cannot be provided without major inconvenience to the buyer, given the nature of the product and the use they seek.
However, the contract cannot be rescinded if the conformity defect is minor.
Article L211-11
The application of Articles L. 211-9 and L. 211-10 shall not incur any costs for the buyer.
These provisions do not preclude the awarding of damages.
Article L211-12
The action arising from a conformity defect is subject to a two-year statute of limitations from the delivery of the product.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided by Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.
Article L211-14
The final seller may exercise a recourse action against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Appendix 2: Provisions of the Civil Code Regarding the Guarantee Against Hidden Defects
Article 1641
The seller is bound by the guarantee concerning hidden defects in the sold product that render it unsuitable for its intended use or that diminish its use to such an extent that the buyer would not have acquired it or would have paid a lower price had they known of the defects.
Article 1642
The seller is not liable for apparent defects that the buyer could have noticed themselves.
Article 1642-1
The seller of a building under construction cannot be discharged from apparent construction defects or non-conformities before the works are accepted or before one month has passed following the buyer's taking possession of the property.
The contract shall not be rescinded or the price reduced if the seller commits to repair the defects.
Article 1643
The seller is liable for hidden defects, even if they were unaware of them, unless the contract specifies that they will not be obligated to any guarantee.
Article 1644
In cases covered by Articles 1641 and 1643, the buyer has the option to return the product and be refunded the price or keep the product and be reimbursed for part of the price, as determined by experts.
Article 1645
If the seller knew of the defects in the product, they are liable for the refund of the price and all damages suffered by the buyer.
Article 1646
If the seller was unaware of the defects, they are only liable to refund the price and reimburse the buyer for the costs incurred by the sale.
Article 1646-1
The seller of a building under construction is liable, from the date of the works' acceptance, for the obligations incumbent upon architects, contractors, and others involved in the construction under Articles 1792, 1792-1, 1792-2, and 1792-3 of this Code.
These guarantees benefit successive owners of the property.
The contract shall not be rescinded or the price reduced if the seller commits to repair the damages defined in Articles 1792, 1792-1, and 1792-2 of this Code and to assume the guarantee provided in Article 1792-3.
Article 1647
If the product with defects perishes due to its poor quality, the loss is borne by the seller, who will be required to refund the price and provide additional compensation as outlined in the preceding two articles.
However, if the loss occurs due to an unforeseen event, the buyer assumes responsibility.
Article 1648
The action arising from hidden defects must be filed by the buyer within two years of discovering the defect.
In the case outlined in Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year after the seller can be discharged from apparent defects or non-conformities.
Article 1649
This action does not apply to sales made by judicial authority.