These General Terms and Conditions of Sale and Use (the "GT&Cs/TOS") apply between:the company BRION SISTERS SAS

registered in France with the Paris Trade and Companies Register under no. 500 188 206 00113

with share capital of 61 670 euros, whose registered office is at 6 rue de l'Amiral de Coligny 75001 PARIS

VAT no.: FR 44500188206

Customer Service: [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr) publisher of the second hand website [secondhand.soeur.fr](http://secondhand.soeur.fr) (hereinafter referred to as the "Site"),

Hereinafter referred to as the "Company" or "Brand",

and

any non-trading individual customer wishing to make a purchase or trade-in on the Site and who declares that they:

have the legal capacity to enter into a contract, i.e. are of legal age and not under guardianship or curatorship,

act as an end buyer for personal needs and do not purchase or trade-in second-hand Soeur Items with a view to carrying on a commercial activity.

Hereinafter referred to as the "Customer".

ARTICLE 1. DEFINITIONS

The terms defined in this article shall have the following meaning in the GT&Cs/TOS:

Item(s): refers to any ready-to-wear item and used Soeur accessories offered by a Member for Trade-in on the Site as a second-hand item. All Items offered for sale must be in one of the following conditions:
* New condition: with original label, never worn * Excellent condition: the item is like new with no signs of wear or defects. * Very good condition: the item shows only minor traces of wear, imperceptible at 30 cm * Good condition: shows moderate signs of wear Under no circumstances may the Items be in any other condition (damaged, worn (excluding minor or normal wear and tear), unusable, stained, perforated, misshapen, dirty, etc.).
Transfer Note: in order for the Item to be authenticated and eligible for Trade-in, the Member must print out a Transfer Note in order to transfer ownership of the Item to the Company. This Transfer Note is available at the Item dispatch stage. The Transfer Note must be made out in the Member's name and must include the status of the Item and the Member's signature. Failing this, the Transfer Note will be null and void. On receipt, the Transfer Note is kept for 90 days (except in the event of a dispute, in which case the Transfer Note is kept until it expires). Transfer of ownership will take place upon receipt of the item.

Dispatch
Note: refers to the dispatch label generated from the Site when a Member sells one or more Items, which must be printed and affixed to the Parcel. In the case of a purchase, delivery is charged according to the weight of the Item (the amount is specified on the Site) and, in the case of a Trade-in, the Company covers the delivery costs so that the Member can send the Items free of charge.

Customer: refers to a Member who has placed an Order.

Parcel: refers to the package used to pack the Item(s) purchased or traded-in on the Site, in accordance with the packaging conditions defined below, accompanied by its Dispatch Note printed and affixed correctly on the packaging and which is intended to be given to the Post Office for dispatch to the recipient in the case of a purchase or to the Company in the case of a Trade-in. A parcel must be carefully packed and the Item must be in the condition described on the Site and cleaned.

Order: generally refers to any order placed on the Site by the Customer.

Member's Account: refers to the Member's personal account, created when the Member registers on the Site and enabling the Member to submit a Trade-In request and/or purchase Items on the Site.

Printing the Dispatch Note: once the address has been filled in, the Member proceeds to the stage of printing the label for the Parcel, which enables the Member to deposit the traded-in Item. The Member must print the parcel label and attach it to the packaging of the Item that they have prepared for their Item. The label must be legible and the parcel may be refused if the label is illegible, badly printed, badly glued on or torn.

Member: refers to any natural person of legal age, non-trading, residing in mainland France, who uses the Site after registering (a valid e-mail address) and accepting the GT&Cs/TOS. All Members agree to provide accurate information regarding their identity, address and other data required to access and use the Site and to update any changes to this information. To use the services offered by the Site, all Members must reside in mainland France (including Corsica), Germany, the Netherlands, Belgium, Spain, Italy, Luxembourg, Austria, Portugal, Estonia, Lithuania, Latvia, Slovenia and Finland. Each Member is both a sender when it returns Items and a recipient when it buys Items.

Electronic Wallet: means the electronic money account opened on the Member Account on which the Member receives the credit from their Trade-In, which they can then convert into a voucher to be used on the Soeur second-hand Items Site, on the [soeur.fr](http://soeur.fr) site or in the Soeur shop.

Trade-In: refers to the procedure for taking back an Item offered by a Member for resale on the Site and giving rise to the issue of a purchase voucher.

Site: refers to the Soeur second-hand site.

Carrier: refers to the delivery service offered to Members to send the Items they wish to sell (delivery offered in the case of a Trade-in). To buy second-hand items, the Site offers a delivery service to relay points and to your home.

Trade-in value: means the amount indicated in credit on the Site for the trade-in of an Item at the time of entry on the Site, in the "I sell" section. The Member obtains an estimate of the trade-in value of the Item thanks to the automatic simulator which automatically estimates the trade-in value. The trade-in value is determined on the basis of various criteria, such as the year of collection and the condition of the item. This estimated price is then re-evaluated and (where applicable) validated by the Company within 15 working days from the date of receipt of the Item.

ARTICLE 2. PURPOSE

These General Terms and Conditions of Sale and Use are intended to define the terms and conditions applicable between Soeur and the Customer relating to the purchase and Trade-in of Items on the Site.

To the extent permitted by law and subject to the preservation of acquired rights, Soeur reserves the right to adapt or modify the GT&Cs/TOS at any time. The applicable GT&Cs/TOS are those in force at the time of the purchase or Trade-in of Items.

For any request for information, and if you have not found your answer in these GT&Cs/TOS or in the FAQ section, you can contact our Customer Service Department directly from Monday to Friday from 10am to 6pm, by email at the following address: [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr).

ARTICLE 3. REGISTRATION ON THE SITE

The Site's services are open to persons who have registered on the Site, which is open to any individual of legal capacity.Members agree not to disclose their Member Account login details to any third party and the Company may not be held liable if any damage results from such disclosure. If the Member loses their password, they can click on the "forgot password" link and their login details will be sent to the email address they provided when registering.If a Member fills in the registration form with one or more erroneous or incomplete details, they may not be able to register.

The Member agrees to inform the Company without delay of any unlawful use by third parties of their identifiers.Members may, at their own discretion, change the personal details they have registered on their Member Account at the time of each Order, provided that these details are accurate and do not impersonate a third party.

Members agree not to use their Member Account or the Site's functionalities to:
* create more than one account, whatever the circumstances; * transfer their account and login details to another user; * hack modify, disorganise, damage, manipulate or deliberately disrupt the Site or the invoicing process; * disseminate false information, defamatory, insulting, slanderous or otherwise reprehensible information under applicable laws or regulations; * harvest or collect information about Members without their consent or without the Company's consent; * disseminate viruses or any other technology that could harm the Site or the interests of Members.
ARTICLE 4. TRADE-IN OF SECOND-HAND ITEMS

The Site offers a service which takes back Items directly in exchange for a credit leading to the issue of a purchase voucher.

4.1 Items eligible for trade-in

Only Soeur Items may be offered for sale on the Site, it being specified that the Soeur brand label must be visible and that Items without a brand label or with the brand label cut off are not accepted.All Items offered for sale must be in one of the following conditions:
* New condition: with original label, never worn; * Excellent condition: the item is like new with no signs of wear or defects; * Very good condition: the item shows only minor traces of wear, imperceptible at 30 cm;
Items offered in a condition other than those listed above will not be eligible for Trade-in, such as Items with stains, holes, deformations, a cut inner fabric label or any other defect that would make it impossible to offer the Item for sale on the Site.

Members are invited to check that their Items are free from defects and comply with the Trade-In conditions. It is also the responsibility of the User to ensure that the condition of the Item entered corresponds to the actual condition of the Item.

**Note: it is essential for the Member to accurately and honestly describe the actual condition of the Items as Items that do not comply with the accepted conditions (new condition, excellent condition, very good condition) and have major defects that prevent them from being offered for sale on the Site will not be returned to the Member and will not qualify for any credit or purchase voucher.**

4.2 Trade-in value

When submitting a Trade-in request, the Member assesses their item in the "Trade-in" section and receives an estimate of the Trade-in Value using the automatic calculator. The estimated Trade-in value is determined on the basis of various criteria (type, material, condition of items) and is generated automatically. This offer is valid for 15 calendar days.

The actual amount of credit is confirmed by e-mail after verification of its actual condition, within 15 working days from the date of receipt of the Item. This amount cannot be negotiated with the Site.

4.3 Members' obligations relating to the Trade-In of Items

When selling an Item on the Site as part of a Trade-in, the Member declares and guarantees that they:
* are the owner of the Item; * have the legal capacity and all the necessary authorisations to offer the Item for Trade-In; * contractually agree to the accuracy of the information provided; * shall provide all necessary information on the quality and condition of the Item; * agree to respect public morality and public order in the description of the Item; * will not send counterfeit Items; * shall provide, if requested, the original copy and/or a copy by electronic means of any element of a nature to justify the ownership of the Item, its origin, as well as its authenticity, upon simple request from the Site, the Company reserving the right to verify the authenticity of an Item at any time
The Member remains solely responsible for the Trade-in of an Item that is prohibited, violates applicable laws and regulations, public order, or decency. Members are reminded that it is forbidden to offer counterfeit goods, as counterfeiting is a civil and criminal offence and an infringement of the intellectual property rights of their owners.The authenticity of the Item subject to a Trade-in constitutes an essential quality of the Trade-in for Soeur and for the Member, which the latter acknowledges.

4.4 Packaging rules for the dispatching of Items

Dimensions of the Parcel: it is the Member's responsibility to ensure that the maximum dimensions are not exceeded (the sum of the length, width and height must be less than 120 cm).

Weight of the Parcel: this must correspond to the weight of the Item advertised and must not exceed 20 kg for delivery via relay points.
The packaging of the Parcel must secure the contents and allow handling and transportation without risk to its integrity or the safety of the transport personnel.If a Member fails to comply with these packaging rules, the Carrier may refuse the Parcel at its sole discretion. The Member's Parcel may also be blocked at the Carrier's branch and its recovery shall be at the Member's expense.Acceptance of a Parcel by the Carrier does not constitute acceptance that the packaging complies with the rules outlined above. If failure to comply with the packaging rules results in additional transport costs, the Member acknowledges that they are liable to pay this additional cost or repossess the Parcel.

4.5 Dispatch of Items

Items cannot be dropped off at Soeur shops.

At the time of the Trade-in request, the Member selects the dispatch point for the Items from among the relay points proposed.Once the Trade-in request has been confirmed, the Member will receive, via the email address given when the Member's Account was created:
* a Transfer Note to be printed and inserted inside the Parcel; * a Dispatch Note to be printed and affixed correctly to the Parcel that they have prepared.
**Items must be sent clean, otherwise, they may be rejected on receipt.**

In order for the Item to be authenticated and eligible for Trade-in, the Member must print out the Transfer Note. This is available at the Item dispatch stage. The Transfer Note must be fully completed and signed by the Member in their own name to transfer ownership of the Item to the Company. It must include the condition of the Item and the Member's signature. Failing this, the Transfer Note will be null and void. The Item may then be refused for Trade-In procedure and will not be returned to the Member.

The Dispatch Note must be legible, and the Parcel may be refused if the label is illegible, badly printed, badly glued on or torn.

Members who have confirmed a Trade-in have 15 working days (following the email confirmation they have received) to drop off their Item(s) at the selected shipping point and ship the Item(s) free of charge using their own [packaging.It](http://packaging.It) is the sole and full responsibility of the Member to correctly and fully, truthfully, and accurately enter the information that will enable the Carrier to proceed with the dispatch of the Item from the sender relay point to the recipient relay point. A Member may be held liable if the information entered is erroneous or false and does not allow the Carrier to carry out the delivery service.

4.6 Receipt of Items

The Site receives the Items within 4-5 working days and checks each Item within 15 working days of receipt of the Parcel. Once the check has been completed, the Member will receive an email at the address indicated on the Site at the time of registration:
* a summary of the Trade-In request, listing the Items accepted and/or refused; * the Final Trade-In Value of each Item accepted.
Accepted items are subject to quality control and repackaging by the Company's quality experts. They are then put back on sale on the Site.

**Rejected Items are not returned to the Member and do not entitle the Member to any credit. At the Company's discretion, they may be donated to an association or recycled.**

If an Item is refused for Trade-in, the Member can find the reasons for refusal in their Customer space.

As delivery is carried out by third-party service providers, the Seller customer is informed that Soeur can in no way be held liable in the event of non-performance or poor performance of this delivery. In the event of a lost Parcel, the seller Customer must provide proof of delivery of the Parcel from the Chronopost agency or relay point, together with the weight associated with the Parcel. However, in the event of proven loss by the carrier Chronopost, Soeur undertakes, in exceptional circumstances, to compensate the seller customer for the total amount of the order.

4.7 Purchase vouchers

Once the Trade-in offer has been validated, the Member will receive the credit corresponding to the Trade-in on their Member Account. If several Items are accepted, the Member will be credited with an amount corresponding to the value of all accepted Items. However, if all the Items are not checked at the same time, the Member may receive one credit per Item every few days. Credits may be accumulated and the Member may use all of their credit at once for a single Order if they so wish and if the amount of the purchase voucher does not exceed one thousand (1000) euros. The vouchers are valid for twelve months and can be used on the Site (second hand) and on [soeur.fr](http://soeur.fr) (new products) and in stores.

On the Site, delivery charges cannot be paid with a purchase voucher. If the value of the Order is greater than the amount of the voucher, the difference must be paid by the Member using one of the other payment methods offered on the Site or on [soeur.fr](http://soeur.fr) or in stores.A voucher cannot be used for an Order that has already been confirmed. A voucher cannot be exchanged or refunded for cash.

All vouchers have an expiry date specified on them.

ARTICLE 5. PURCHASE OF SECOND-HAND ITEMS

Members can order second-hand Items directly on the Site, via the "Buy" section. All Items offered for sale have undergone quality control and repackaging by the Company: hand inspection by quality experts, wet or dry cleaning and ironing. Offers of Items are valid as long as they are visible on the Site, within the limit of available stocks.

5.1 Orders

Any Order may be placed when the Member has registered on the Site and has a Member's Account, or independently of the opening of a Member's Account. Once the buyer has opened a Member Account, they can log in to their Member Account and add Items to their virtual shopping basket. They can then access the summary of their virtual basket to confirm the Items they wish to order and complete their Order by pressing the "Order" button.

The Member must enter a valid address, delivery method and payment method in order to finalise the Order and effectively form the sales contract between them and the Company. Completion of the Order implies acceptance of the prices of the Items sold, as well as the delivery terms and times indicated on the Site.Customers have 48 hours from the time the last Item is added to their basket to confirm their Order. At the end of this period, the basket is automatically emptied of its contents and the Order is deemed to have [expired.To](http://expired.To) enable Customers to modify their Orders or rectify any errors before finally confirming them, they may freely return to their shopping baskets.

Without prejudice to the exercise of the right of withdrawal, any Order implies express and irrevocable acceptance of the price and characteristics of the Item described on the Site.

The Customer (i) is informed that placing an order creates an obligation to pay and that the personal data necessary for processing the order is collected by Soeur, (ii) selects a payment method from those offered, (iii) accepts the General Terms and Conditions of Sale and Use and (iv) proceeds to payment.

Once the Customer has paid for the Order, it is definitively concluded (except where the right of withdrawal is exercised). The Customer will then be given an Order number, which must be retained by the Customer for the purposes of tracking the Order and any subsequent complaints.

A confirmation message summarising the essential characteristics of the Order and containing the General Terms and Conditions of Sale and Use, and the invoice and the withdrawal form will then be sent to the Customer (in the absence of correct receipt, the Customer is invited to contact Soeur Customer Services).

If an Item ordered by the Customer has ordered is unavailable on the Site, Soeur will inform the Customer by email or telephone as soon as possible, offering either to cancel the Order in its entirety, or to refund the Customer for the Item that cannot be [delivered.In](http://delivered.In) the event of non-compliance with any of the provisions of these General Terms and Conditions of Sale and Use, such as, for example, making purchases on the Site with the intention of reselling the Items on a commercial basis, or in the event of abuse of rights on the part of a Customer, Soeur reserves the right, among other things, to invoke Articles 1219 and 1220 of the French Civil Code regarding breach-based defence, either anticipatorily or retrospectively, and to take the necessary steps and proportionate measures to protect its rights, including in cases of fraud.

5.2 Items

Items are those which appear on the Site and which are sold by the Company. Items are described on the corresponding page of the Site and all their essential characteristics are mentioned. The offers for Items are valid for as long as they are listed on the Site and within the limits of available stocks. Soeur cannot guarantee the permanent availability of each Item placed online on the Site, nor the absence of possible stock shortages.

Soeur reserves the right to modify at any time and without notice the range of Items that are offered for sale on the Site.

5.3 The Prices of Items

The prices of second-Hand Items are indicated on the Site in euros, inclusive of all taxes, excluding delivery costs (which will be specified when the delivery method is confirmed), and take into account any applicable voucher discounts in force on the day of the Order. Under no circumstances may a Member demand the application of vouchers that are no longer in force on the day of the Order.

Prices include VAT applicable on the day of the Order, but exclude delivery costs, which remain payable by the Customer, unless otherwise stipulated.Soeur reserves the right to modify the prices displayed on the Site at any time but agrees to apply the prices indicated to Customers at the time their Orders are placed for any ongoing Orders. If an Order cannot be fulfilled because an Item is unavailable or out of stock, placing a new Order at a later date will result in the application of the price valid at the time the new Order is [placed.In](http://placed.In) the event of a data entry or calculation error resulting in a price that is obviously incorrect, i.e. a price that bears no relation to the actual value of the Item ordered compared to the price normally charged, the Order shall, in accordance with the provisions of the law, be cancelled and the Customer shall be refunded, unless the Customer wishes to place a new Order at the price normally charged.

5.4 Payment

Unless otherwise stipulated, all sales are paid for in cash when the Order is placed. Payment can be made by:
* credit card (CB, Visa, MasterCard, American Express) via a secure connection; * iDeal, Bancontact or Paypal depending on the geographical zones of the order. These payment methods are optional; * Apple Pay™, where the Customer is redirected to a dedicated page allowing them to validate the payment via the banking information previously entered by them; * or by voucher.
Once payment has been confirmed by the Site's payment service provider, the Customer's bank account will be debited for the total amount of the Order.

If a voucher is used, it will be deducted from the total amount of the Order.All transactions on the Site are secure and comply with the legal provisions in force: they take place within a strict framework of confidentiality and data encryption. The Company does not have access to the Customer's personal data concerning payment methods and does not store it on its servers.

In order to ensure the security of payments, Soeur uses the secure payment service provided by STRIPE ("STRIPE"). This service incorporates the DSP2 security standard. Confidential data is encrypted on the STRIPE server and is not transmitted to the Soeur's IT server at any time. This standard is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data and to secure the protection of card and transaction data.

STRIPE ensures the security of the data concerning the Clients' means of payment. The payment request is routed in real time to the STRIPE secure remote payment manager, which carries out various checks to prevent abuse and fraud.When validating the Order, Customers must provide their credit card number, expiry date, and security code.The bank card details are then stored in encrypted format by Soeur's secure payment provider, STRIPE, during the actual payment of the Order until the expiry of the Customer's right of withdrawal, to allow for a refund by credit to their account, and then for a period of thirteen (13) months from the date of the transaction. After this period, the data will be deleted or made anonymous.

Data relating to bank cards communicated at the time of the Client's Orders is used by STRIPE solely for the purposes of carrying out the transaction.

The Customer's full bank card number appears when entered but only the last four (4) digits will be visible in the Customer's account for Visa, Eurocard Mastercard and American Express cards, with the others masked for security [reasons.In](http://reasons.In) accordance with Law no. 2000-230 of 13 March 2000, adapting the law of evidence to information technology and electronic signatures, the online transmission of the Customer's bank card number and the final validation of the Order of Items by the Customer are considered proof of the sums owed for this Order. In the event of fraudulent use of the Customer's card, it is the Customer's responsibility to contact Customer Services immediately after becoming aware of such use, by email by writing to [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr).

The Customer is informed that, as part of their order, the "Fraud Expert" solution is used in addition to remote payment processing and that his personal data is processed by STRIPE, the purpose of which is to prevent and combat fraud (determining a level of risk linked to a transaction, detecting and managing any resulting alerts, informing Soeur for decision-making by the latter, human verification of transactions presenting a certain level of risk, modelling the score). Personal data collected in this way is processed in accordance with what is specified in the Article below entitled "Personal Data".

5.5 Invoices

When the Order has been processed, the Customer will receive by email a summary of the Order, the contents of which are as follows:
* the Order number; * the number, date and amount of the bank transaction; * a detailed and exhaustive list of the Items covered by the Order; and * the method and cost of dispatch.
An invoice can also be downloaded from their Member Account.Customers are advised to keep this document as official proof of their Order.

5.6 Delivery of Orders

Orders are only delivered in mainland France (including Corsica), Germany, the Netherlands, Belgium, Spain, Italy, Luxembourg, Austria, Portugal, Estonia, Lithuania, Latvia, Slovenia and Finland. Delivery is by Mondial Relay or Chronopost to the recipient's home address or to a relay point. The applicable delivery charges are specified on the Site.

In the case of delivery to a relay point, the Customer must collect their Parcel as soon as they are notified of its arrival at the chosen delivery address. However, if the Member has particular difficulties in collecting their Parcel, they must immediately inform the Site by email or telephone, so that a solution can be found.

For mainland France, the delivery time is between 3 and 5 working daysThe delivery time mentioned on the Site and in the Order confirmation email is given in working days (subject to stock availability), from the time Soeur sends the Order confirmation email. This time corresponds to the average time taken and is an indication of the time taken to process, prepare and deliver the Order to the Customer.

Irrespective of this indicative processing time, it is specified that, in accordance with the provisions of Article L.216-1 of the French Consumer Code, the Order may not in any event be delivered more than thirty (30) days after the conclusion of the [contract.In](http://contract.In) accordance with the provisions of Article L.216-6 of the French Consumer Code, in the event of failure to deliver within the applicable period, the Customer may, where applicable, notify the suspension of payment or rescind the contract, if, after giving formal notice to Soeur to effect delivery within a reasonable additional period, Soeur has not complied within that period (without prejudice to the award of damages and the possibility of immediate termination of the contract in the event that (i) the delivery date constitutes an essential condition of the contract with regard to the circumstances and terms of the conclusion of the contract, or (ii) Soeur refuses to deliver the Item or clearly does not intend to proceed with delivery).
The contract shall be deemed to be terminated on receipt by Soeur of the letter or document informing it of such termination, unless delivery has taken place in the meantime.

When the contract is terminated, Soeur shall reimburse the Customer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated. If this time limit is not respected, this sum will automatically be increased by 10% if reimbursement is made no later than fourteen days after this time limit, by 20% up to thirty days and by 50% thereafter.

Soeur guarantees the proper delivery of the Items and bears the risks associated with transport. However, insofar as Article L.133-3 of the French Commercial Code provides that "_receipt of the items transported extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following the day of such receipt, the consignee has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest_", it is imperative that the Customer, at the time of receipt of the Item, checks the condition of the packaging and the contents of the Parcel.

VERY IMPORTANT: If the Customer notes that the Parcel or its contents present a delivery anomaly (damaged Parcel, missing Parcel, damaged Item, missing Item), they must:
* make all necessary reservations on the Carrier's delivery note, before signing it (do not sign the delivery note with the mention " * _subject to unpacking_ " as this mention does not prove that the damage existed at the time of delivery), or refuse delivery; * inform Customer Services of any problem with the delivery of the Items within 24 hours of receipt, even in the case of carriage-paid shipments (without prejudice to the possibility, for the Customer, of sending a registered letter to the Carrier within the three-day period provided for in the aforementioned Article L.133-3 of the French Commercial Code, in which case the Customer agrees to send a copy to Customer Services to enable it to conduct an investigation with the Carrier).
Failing this, no claim regarding a delivery anomaly will be considered admissible by Soeur, without prejudice to Soeur's liability in respect of Items that do not conform to the Order placed or are the subject of a hidden defect.

It should be noted that, in the event of a parcel being lost in transit, it may take between one and three weeks to [investigate.In](http://investigate.In) the event of an incomplete or inaccurate address or lack of information resulting in the impossibility of delivering the Item to the recipient in due time, Soeur cannot be held liable for a failure to deliver. Addresses with BP, Cedex, Camping, Armed Forces or Institutions will not be processed if they are not accompanied by a physical address.

If this lack of information results in a second presentation to the addressee, Soeur reserves the right to ask the Customer for the costs corresponding to this second delivery.

If the recipient is absent at the time of delivery, as part of the delivery service provided by the Carrier, the delivery person will leave a delivery notice in the recipient's letterbox. The recipient must then collect the Parcel from the address specified on the delivery notice, on presentation of the delivery notice and an identity document in the name of the person making the collection.

In the event of the recipient's absence, Soeur cannot be held liable for failure to [deliver.In](http://deliver.In) any event, delivery can only take place if there is no dispute with the Customer, who must be up to date with their obligations to Soeur.Any risk of loss or damage to an Item is transferred to the Customer at the moment the Customer or a third party designated by the Customer takes physical possession of the Item.

5.7 Order tracking

As soon as the Customer receives the Order confirmation email, they can track the progress of the Order and its delivery by logging into their Member Account and by checking any emails that have been [sent.In](http://sent.In) any event, Customer Service can be contacted, by email at [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr) or by telephone at [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr) for any question relating to the taking of an Order and its execution.

ARTICLE 6. RIGHT OF WITHDRAWAL

6.1 Withdrawal period

Pursuant to Article L.221-18 of the French Consumer Code, the Customer has the right to withdraw from the contract for a period of 14 days from the date of delivery of an Article, without having to provide a specific reason for their decision to withdraw.

On expiry of the aforementioned period, the Items can only be refunded under the legal guarantee of conformity and/or hidden defects in accordance with Articles L.217-3 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

6.2 Notification of withdrawal

To exercise their right of withdrawal, it is sufficient for the Customer to inform Soeur of their wish to withdraw before the expiry of the aforementioned period of 14 days, by means of the withdrawal form made available to them or by means of any other unambiguous statement.

6.3 Returns procedure

A module for generating a returns label is available in the customer area, in the "My orders" section.Items being returned must be in the same condition as described at the time of purchase, without being damaged, stained, washed, altered, or worn (except for trying on), and must include all accessories related to the Items, as well as the original invoice, if possible in the original packaging or otherwise in packaging that ensures the integrity of the Items. Returns can only be made by post, in accordance with the following procedure:
* The Member must affix the prepaid label to the Parcel (it being specified that the amount corresponding to the return dispatch costs will be deducted from the refund); * The Member must then deliver the returned Parcel to a post office or relay point within a maximum of 14 days from receipt.
Upon receipt of the Parcel, the Company will objectively judge the condition of the returned Item.If the return is accepted by the Company, the Customer will receive an email confirming the refund, as soon as possible and within no more than 14 days of the date of receipt of the return in our warehouses.

The Customer may be held liable in the event of depreciation of the Item resulting from handling other than that necessary to establish the nature, characteristics and proper functioning (for example, for a fastener) of the Items (except in the case referred to in the paragraph below, the Items may be tried on but not worn).Underwear (briefs and socks) cannot be the subject of a right of withdrawal pursuant to Article L.221-28 paragraph 5 of the French Consumer Code if their packaging has been unsealed and the Items tried on.Items are returned at the Customer's expense and risk (except where such return is justified by a hidden defect or the non-conformity of the Items delivered in application of Article 7 below).

If the Items are not received at the warehouse, Soeur will not be able to process returns. In any event, Soeur cannot be held liable for the loss of a Parcel returned by the [Customer.In](http://Customer.In) the event of Items returned incomplete, spoiled, damaged, deteriorated or soiled due to the Customer's fault, Soeur reserves the right, among other things, to invoke Articles 1219 and 1220 of the French Civil Code concerning the breach-based defence, either preventively or retrospectively.

6.4 Refund

On receipt by Soeur of the Item returned by the Customer, the corresponding refund will be made, standard delivery costs included, by crediting the bank account attached to the payment made at the time of purchase, within fourteen (14) calendar days of the date of notification of the Customer's decision to withdraw.

The refund will be made by the same means of payment as that used for the Order.
The
Customer bears 5€ for returns.

It is hereby specified that if the Item is not received before the expiry of the period of fourteen (14) calendar days following the date of notification of the Customer's decision to withdraw, the refund of the Item returned by the Customer, including delivery costs, may be deferred until the earlier of the following two dates:
* the date on which the Item is received by Soeur; * or the date on which the Customer provides proof of dispatch of the Item.
In any event, no credit note, electronic or otherwise, may be issued by Soeur for this account purpose.

6.5 Exchanging Items

The exchange or refund of an Item ordered on the Site is not possible from a Soeur shop.

ARTICLE 7. GUARANTEES

Soeur is liable for defects in the conformity of the Article to the contract under the conditions of Article L.217-3 et seq. of the French Consumer Code and for hidden defects in the Article under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

7.1 Legal guarantee of conformity (Article L 217-1 et seq. of the French Consumer Code)

The consumer has a period of two years from the date of delivery of the Item to enforce the legal guarantee of conformity in the event of a defect in conformity.

During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. In the case of second-hand goods, the consumer is informed that the period during which a lack of conformity is presumed to have existed at the time of delivery is 12 months.

Once this period has elapsed, it is up to the consumer to prove the existence of the lack of conformity on the date of delivery of the second-hand goods during the remaining 12-month guarantee period. The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee. If the consumer asks for the Item to be repaired but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the Item is replaced.

The consumer may obtain a reduction in the purchase price by keeping the Item or terminate the contract by obtaining a full refund against return of the Item, if:
1 the Company refuses to repair or replace the Item;
2 the Item is repaired or replaced after a period of thirty days;
3 the repair or replacement of the Item causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming Item or if they bear the cost of installing the repaired or replacement Item;
4 The non-conformity of the Item persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the Item or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract.

The consumer is then not obliged to request the repair or replacement of the Item beforehand. Consumers do not have the right to rescind the sale if the lack of conformity is minor. Any period during which the Item is immobilised for repair or replacement suspends the guarantee that was in force until the delivery of the repaired Item.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (Article L. 241-5 of the French Consumer Code).

The main provisions of this legal guarantee are recalled below, it being emphasised that any Member may contact the Company for any question or request for clarification concerning the application of this legal guarantee:

_Article L217-3_
_The seller shall deliver goods that comply with the contract and the criteria set out in Article_ [_L.217-5.It_](http://L.217-5.It) _is liable for any lack of conformity that existed at the time of delivery of the goods within the meaning of Article L.216-1, and which becomes apparent within two years of_ [_delivery.In_](http://delivery.In) _the case of a contract for the sale of goods containing digital elements:_
_1 Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of the supply, the seller is liable for any lack of conformity of the digital content or digital service which becomes apparent within two years of delivery of the goods;_
_2 Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract._
_For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19._
_The seller shall also be liable, for the same period, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was their liability under the contract or was carried out under their responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller._
_This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity._

_Article L217-4_
_The goods conform to the contract if they meet the following criteria, where applicable:_
_1 They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;_
_2 They are fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the seller;_
_3 They are delivered with all accessories and installation instructions, which must be supplied in accordance with the contract;4 They are updated in accordance with the contract._

_Article L217-5_
_I.-In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:_
_1 They are fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;_
_2 Where applicable, they possess the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;_
_3 Where applicable, the digital elements they contain are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;_
_4 Where applicable, they are supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;_
_5 Where applicable, they are supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;_
_6 They correspond to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling._
_II - However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if they demonstrate:_
_1 That they did not know them and were not legitimately in a position to know them;_
_2 That at the time the contract was entered into, the public declarations had been corrected in conditions comparable to the initial declarations; or_
_3 That the public statements could not have influenced the purchase decision._
_III - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more specific characteristics of the goods which they were specifically informed deviated from the conformity criteria set out in this Article, and to which they expressly and separately agreed when the contract was concluded._

_Article L217-7_
_Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.For second-hand goods, this period is set at twelve months.Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods shall be presumed to exist:_
_1 For a period of two years from delivery of the goods, where the contract provides for the goods to be supplied for a period of two years or less, or where the contract does not specify the period for which the goods are to be supplied;_
_2 During the period in which the digital content or digital service is provided under the contract, where the contract provides for the digital content or digital service to be provided for a period of more than two years._

_Article L217-8_
_In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code.The provisions of this section are without prejudice to the award of damages._

_Article L217-11_
_The goods are brought into conformity at no cost to the consumer.The consumer is not obliged to pay for the normal use made of the replaced goods during the period prior to their replacement._

_Article L217-12_
_The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs, in particular with regard to:_
_1 The value that the goods would have had if there had been no lack of conformity;_
_2 The extent of the lack of conformity; and_
_3 The possibility of opting for the other choice without any major inconvenience for the consumer._
_The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1 and 2._
_If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium._

_Article L217-13A_
_ny goods repaired under the legal guarantee of conformity benefit from a six-month extension of this guarantee.When the consumer chooses repair, but the seller does not carry it out, the replacement of the item to ensure conformity starts a new legal guarantee period of conformity for the replaced item, benefiting the consumer. This provision applies from the day on which the replacement goods are delivered to the consumer._

_Article L217-14_
_The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:_
_1 Where the trader refuses to comply;_
_2 If compliance is not achieved within thirty days of the consumer's request or if it causes them a major inconvenience;_
_3 If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if they bear the cost of installing the repaired or replacement goods or the related costs;_
_4 If the non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is not obliged to ask for the goods to be repaired or replaced beforehand.Consumers do not have the right to rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph shall not apply to contracts in which the consumer does not pay a price._

_Article L217-15_
_In the cases provided for in Article L. 217-14, the consumer shall inform the seller of their decision to obtain a reduction in the price of the goods.The price reduction is proportional to the difference between the value of the goods delivered and the value of the goods if the lack of conformity had not occurred._

_Article L217-30_
_The provisions of this chapter do not deprive the consumer of the right to bring an action arising from the warranty for hidden defects as set out in articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by law._

7.2 Guarantee against hidden defects (Articles 1641 to 1648 of the French Civil Code)

In the event of hidden defects, Soeur agrees to refund the full price of the Item, after return of the Item by the Customer, or the price arbitrated by an expert, if the Customer chooses to keep the Item.

_Article 1641 of the French Civil Code_
_The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they had been aware of them._

_Article 1642 of the French Civil Code_
_The seller is not responsible for obvious defects that the buyer could have noticed themselves._

_Article 1643 of the French Civil Code_
_They are liable for hidden defects, even if they are unaware of them, unless they have stipulated that they will not be held liable for any guarantee in such cases._

_Article 1644 of the French Civil Code_
_In the case of Articles 1641 and 1643, the buyer has the choice of returning the goods and having the price refunded to them, or keeping the thing goods and having part of the price returned to them._

_Article 1645 of the French Civil Code_
_If the seller was aware of the defects, they shall be liable to the buyer for all damages in addition to restitution of the price received._

_Article 1646 of the French Civil Code_
_If the seller was unaware of the defects, they will only be required to refund the price and reimburse the buyer for the costs incurred by the sale._

_Article 1647 of the French Civil Code_
_If the goods that were defective have perished as a result of their poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other damages explained in the two preceding Articles.However, any loss due to unforeseen circumstances will be borne by the buyer._

_Article 1648 of the French Civil Code_
_Any action arising from major defects must be brought by the buyer within two years of discovery of the defect._

7.3 Implementation procedures

Customers' attention is drawn to the fact that, for second-hand Items, the period of presumption of the existence of a lack of conformity at the time of delivery is 12 months.

After this period, it is up to the consumer to prove the existence of the lack of conformity on the date of delivery of the second-hand Item during the remaining 12-month guarantee period.

Customers also acknowledge that, as these are second-hand Items, they cannot reasonably expect the quality of the Item to be identical to that of a new Item.

Therefore, they cannot in good faith invoke the guarantee for defects that are due solely to wear and tear or obsolescence. They must therefore be extra vigilant when buying to ensure that the Item, in the second-hand condition in which it is sold, corresponds to their needs.

To take advantage of the applicable guarantee under the conditions mentioned above, the Customer must send an email to Customer Service at the address:[secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr) in which they will describe in detail the lack of conformity and/or the hidden defect of the Item.

On receipt, the Customer will be informed whether the guarantee request has been accepted, and if so, the terms and conditions of the guarantee in accordance with the conditions set out above.

ARTICLE 8. PROTECTION OF PERSONAL DATA

Soeur carries out processing operations on the Customer's personal data under the conditions specified in the Personal Data Charter.

When the Customer transmits their telephone data to Soeur, they are reminded that they have the right to register on the telephone canvassing opt-out list ([bloctel.gouv.fr](http://bloctel.gouv.fr)).

ARTICLE 9. INTELLECTUAL PROPERTY

All elements of the Site (designs, models, illustrations, images, soundtracks, texts, logos, brands, etc.), including the underlying technology, are the exclusive intellectual property of Soeur or are used by Soeur with the authorisation of third-party intellectual property rights [holders.It](http://holders.It) is forbidden for any person to reproduce in full or in part, by any process whatsoever, to represent, distribute, publish, transmit, download, modify or market all or part of the content of the Site or to create derivative works from it.

It is forbidden to remove any copyright, trademark or other exclusive rights notice from the Site or from any content appearing on it.Internet access to the Site and its content is authorised for strictly private, personal and non-commercial use.

The user who has a personal website and who wishes to place, for personal use, on their site a simple link referring directly to the home page of the Site, must obligatorily request written authorisation from Soeur.

Any hypertext link to the Site using framing, deep-linking, in-line linking or any other deep-linking technique is strictly [prohibited.In](http://prohibited.In) all cases, any link must be immediately withdrawn upon simple request from Soeur.

ARTICLE 10. LIABILITY - FORCE MAJEURE

Soeur cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

In no event shall Soeur be liable for any indirect, incidental, special or consequential damages, including but not limited to business interruption, loss of profit or loss of opportunity resulting from the purchase of Items on the Site. Soeur nevertheless remains liable for the lack of conformity of its Items sold on the Site and for the legal warranty for hidden defects pursuant to the provisions of Article 7 above.

In general, the liability of Soeur is excluded for any breach of its contractual obligations in the event that such breach results from a case of force majeure, including, without this list being exhaustive: total or partial disruption or strike, in particular of postal services, means of transport and/or telecommunications, fire, flood, natural disaster, internal or external power failure, and generally speaking, any event beyond the control of Soeur that does not allow Orders to be properly executed (such as, for example, a traffic ban decided by the public authorities).

ARTICLE 11. ENTIRE AGREEMENT

In the event that one of the clauses of these General Terms and Conditions of Sale and Use is rendered null and void by a change in legislation or regulations or by a court ruling, this shall in no way affect the validity of or compliance with the other clauses contained in these General Terms and Conditions of Sale and Use.

ARTICLE 12. APPLICABLE LAW - DISPUTES - CONSUMER MEDIATOR

These General Terms and Conditions of Sale and Use are governed by French [law.In](http://law.In) the event of a disagreement arising, the Customer and Soeur agree before any legal action to seek an amicable solution.
Any complaint by the Customer must be sent to Soeur by email to the following address: [secondhandcontact@soeur.fr](mailto:secondhandcontact@soeur.fr). The complaint must be substantiated and include any element necessary to its processing (and in particular the identity (surname, first names), contact details (postal, email addresses) as well as the reference of the Order).

In the event of an unresolved amicable complaint, the Customer has the possibility, for any purchase made on the Site or in the shops Soeur, to have recourse free of charge to a consumer mediator, in accordance with Articles L.612-1 to L.612-5 of the French Consumer Code, provided in particular that the request is not manifestly unfounded or abusive and that it is submitted to the mediator less than one year after the written complaint submitted to Soeur.

Soeur being a member of the Fédération du e-commerce et de la Vente à distance (FEVAD, a French federation that represents the interests of e-commerce and distance selling companies), the Customer may send a request to the FEVAD Consumer Mediator:
* either by post to BP 20015 75362 Paris Cedex 8 * or by completing the online form available on the website "[https://www.mediateurfevad.fr/](https://www.mediateurfevad.fr/)".
Failing amicable resolution, the ordinary courts shall have exclusive jurisdiction.