The present website www.spinali-design.com is edited by the company SPINALI DESIGN, SAS with a capital of 210,000 Euros, the head office of which is located at 21, rue de Thann, 68200 Mulhouse, licensed by the Mulhouse Register of Commerce and Companies under the number 809 372 618 00011 and whose TVA intercommunity number is FR 92 809372618. To contact us by email, contact @spinali-design.fr
Article 1 : Preambule
The present general conditions of sale apply exclusively to the relation between the company SPINALI DESIGN, SAS, 21 rue de Thann, 68200 Mulhouse, France (henceforth referred to as “We”) and every person visiting or making a purchase via the website www.spinali-design.com (henceforth referred to as “You”).
The present General Conditions refer exclusively to your relation with Spinali Design.
Every internet user can find the General Conditions of Sale on the website spinali-design.fr (hereafter referred to as “the website”). These general conditions, being subject to change, are those in force on the website on the date of the placement of your order.
Article 2 : The order
2.1 Conditions for placing an order
You affirm that you are at least 18 years of age and have juridical capacities or have received parental authorization permitting you to place an order on the website.
By clicking on the button, “place order,” during the process of the order and after having verified in “your bag” the content of the order and, if need be, having modified it, you affirm your full and unreserved acceptance of the entirety of the present General Conditions of Sale.
After having confirmed the content of your order, you will definitively validate it through the payment. The order will not be definitive until the payment of the corresponding price.
After having placed your order, we will send you a confirmation email. We will inform you when your order has been shipped.
2.3 Steps of the order
In ordering in the online boutique, the customer follows the following steps :
Click on the field “Place Order” in the bag
Redirection to the overview of the order in which the different stages of the order will occur
Fill out the billing address
If the billing address and the shipping address are different, you can enter another shipping address by checking the corresponding box
Step 2: In the following section, all the items in your order are displayed in a table; it is still possible to modify the content of your bag
Step 3: Select a mode of payment (by clicking on the desired mode of payment)
Confirm the order by clicking on the button “Buy”
The customer accesses each of these steps of the order via the functions of his/her internet browser.
Article 3 : Price, availability and shipping
The prices of the products sold on the website www.spinali-design.com are indicated by article and reference and include all related taxes excluding the price of shipping. The rate of VAT applied is 20%.
At the time of confirmation of the order, the price to be payed by the customer is all-inclusive, being the sum of the price, including all taxes, of the items that compose the order, augmented by the price of shipping.
We can accept your orders within the limit of available stock. We will inform you of the availability of items sold on the website on the information page of each item.
If, in spite of our vigilance, if the items are unavailable, we will inform you of their unavailability by email as soon as possible.
In the case of permanent unavailability, and if we cannot provide you with an item of equal quality and price, your order will be automatically cancelled and you will be reimbursed within a maximum period of 14 days.
Article 4 : Customs duties
All orders placed on the website and shipped outside of France may be subject to taxes and to customs duties that are imposed once the package has arrived at its destination. These customs duties and these taxes linked to the shipping of an item are committed to your payment and are your responsibility. We are not under any obligation to verify and inform you of the applicable customs duties and taxes. To learn what they are, we advise you to consult the appropriate authorities in your country.
Article 5 : Secured payment
The customer’s purchases are performed by card. The security of the data is assured by PayPal.
The cards accepted to this date are: CB, Visa, and MasterCard.
Consistent to the provisions of Article L132-2 of the monetary and financial code, the commitment to pay given by means of a bank card is irrevocable. By communicating your bank card number and the above-mentioned information, you authorize us to debit your credit card for the total amount, all taxes included, of your order (including the shipping fee).
For this purpose, the customer confirms that he/she is the owner of the bank card to be debited and that the name that appears on this card is indeed your own, then communicates in a secure environment on the website of our partner PayPal, the sixteen-digit number and the expiration date, appearing on the back side of the card, as well as, if need be, the numbers of the security code on the back of the card.
PayPal is the only party, through its secure site, to have knowledge of the customer’s bank information. This information does not in any way go through the website www.spinali-design.com
Article 6 : Right of withdrawal and exchange
You have a withdrawal period of 14 days to exercise your right of withdrawal as of the reception date of your order.
During this period, you can return the product(s) without having to provide justification or having to pay a penalty.
All products can be withdrawn, except those excluded by article L121-21-8 of the Consumer Code, such as any products that were subject to a personalization in your order, products that have been unsealed and that cannot be sent back for reasons of hygiene.
To exercise your right of withdrawal, you can use the standard form of withdrawal to be filled out here, carrying out each declaration without consquence, indicating your intention to return the product(s).
SPINALI DESIGN will acknowledge receipt of your withdrawal by email.
You must then return the products to SPINALI DESIGN, without excessive delay, at the latest within the 14 days following the communication of your decision to withdraw, in accordance with article L121-21-2, by post to the following address: SPINALI DESIGN 21 rue de Thann 68200 Mulhouse FRANCE.
Exception to the right of withdrawal :
All goods made to the customer’s specifications or that are clearly personalized.
6.1. Returning an article
If for any reason you are not satisfied with your order, you can return one or more of the products within a period of 10 days after reception of your package by following the instructions below.
In accordance with articles L121-20 and following the consumer code, the customer is entitled to a reflection period of seven clear days as of the shipping to reconsider his/her decision and to return the article ordered without having to provide any justification or having to pay any penalties, with the exception of returning fees, which will remain his/her responsibility.
In all cases, the articles must be returned in their original packaging, complete, with tags, new, not worn, not washed, including all possible accessories and return slip (provided with your order) carefully filled out to the following address :
21 rue de Thann
68200 Mulhouse, France
In case of the loss of the return form, a version to be completed is available to download by clicking here.
Before sending back the items you wish to return, fill out the return form that you will find in your package.
Any package returned without the form will be refused.
Any returned items that do not meet the conditions listed above (returned in their original packaging, complete, with tags, not worn, not washed, including all possible accessories) or that are damaged, worn or dirtied by the customer will not be reimbursed.
The fees and risks of the return are the client’s responsibility. The customer is strongly encouraged to send the package back by means that offer proof of shipping and give a specific date (recommended with acknowledgement of reception, colissimo suivi, etc.).
If the return is due to an error on our part, the price of return shipping payed by the client will be reimbursed.
Once the merchandise has been received, inspected and accepted by our services, you will be reimbursed the entirety of the price of the product(s), aside from shipping costs. The reimbursement of returned items at the invoice price will be carried out by credit on the bank account of the customer corresponding to the bank card that served as payment as soon as possible and at the latest within the 15 days following the receipt of the returned items.
We cannot, however, accept your return if it does not meet all the required conditions: in this case, the clothes will eventually be returned to your address and at your cost.
6.2. Exchanging an article
If you are not satisfied with the color, the size or the model of the purchased article, you can either exchange it or return it and receive a reimbursement equal to the cost of the product. For an exchange, the procedure is the same as for a return. You have a period of 10 days from the receipt of your package to request an exchange.
Before sending back the items that you want to exchange, fill out the return form that you will find in your package
You can return the SPINALI DESIGN product by post to 21 rue de Thann 68200 Mulhouse.
6.3. Costs of return
The return fees are your responsibility. If the return is due to an error on our part (e.g. items not conforming to your order, damaged shipment), the shipping cost of the return that was payed by the client will be reimbursed.
Once we have received your return and checked that all the conditions have been respected, you will receive an email confirming our acceptance of the return and will be reimbursed as soon as possible (at the latest 15 days following the receipt of the returned articles).
SPINALI DESIGN will reimburse you for the returned products, provided the aforementioned conditions have been respected, as well as the standard shipping costs of the products if you return the entirety of your order.
Shipments with supplements are reimbursed within the limit of standard shipping costs.
If you do not return the entirety of your order and keep one or more of the ordered products, the shipping costs will not be reimbursed by SPINALI DESIGN.
The reimbursement will be carried out via the mode of payment used for the returned order.
Thus, for example, if the order was carried out by :
Credit card, and your card is still valid, you will be reimbursed to the account attached to this card.
PayPal, and the PayPal account is still active, you will be reimbursed to this PayPal account.
PayPal, and the PayPal account is still active, you will be reimbursed to this PayPal account.
Article 7 : Protection of personal data
We have committed to protecting your personal data. All personal data concerning you that we have received are treated with the strictest confidentiality, in accordance with the provisions of our policy of protection of personal data. You can visit our section Confidentiality of data, cf. article 8.
Article 8 : Confidentiality of data
The personal data that you may have to provide to SPINALI DESIGN on the present website, in order to respond to our request for information, as part of the constant improvement of our services and our products, or when customer account is opened or an order is placed, will be collected in a loyal and lawful manner and will be used only to serve you, or, unless ordered otherwise, to inform you of our products, our promotions, our commercial or experiential actions and our services.
In accordance with the Law on Information Technology and Civil Liberties of January 6, 1978 (art. 34), the customer has the right to access, modify, amend or delete his/her personal data by making a written request to the company SPINALI DESIGN, at the following address :
Compagny SPINALI DESIGN
21 RUE DE THANN
68200 MULHOUSE - FRANCE
This database has been the subject of a declaration, in accordance with the prescriptions required by the law relative to the computing, to the files and to the liberties of January 6, 1978, modified by the law of August 6, 2004.
According to the choices issued during the creation or perusal of his/her online account, the customer will be able to choose if he/she wish to receive information and offers from the brand SPINALI DESIGN.
If a customer no longer wishes to receive these offers, he/she can at any time make a stop request on this page : www.spinali-design.com/account/
Article 9 : Consumer information
In accordance with articles L111-1 and L113-3 of the consumer code, the essential characteristics and the prices of our products sold electronically are available on the site www.spinali-design.com
Furthermore, the customer receives the information provided in articles L121-18 and L121-19 of the consumer code prior and subsequent to the conclusion of the sale and notably by the present general conditions of sale, which he/she declares to have taken note of before the validation of the order and to which he/she has access through the website www.spinali.design.com, and by reference to the confirmation and shipping emails for the order addressed to him/her.
The photos of the articles on sale on the website SPINALI DESIGN have no contractual value and are susceptible to slight variation compared with the articles themselves.
Article 10 : Guarantee and Responsability
The articles sold on the website SPINALI DESIGN are subject to the warranty terms laid down by the law.
The company SPINALI DESIGN cannot be held liable :
In case of the non-execution or the delay in execution of one of the obligations if this delay or non-execution results from a fact independent of its will or that escapes its control.
In case of insubstantial differences between the photos, texts and illustrations of the articles on our website and the ordered articles.
SPINALI DESIGN has for all steps of the placement of the order, as well as for the steps subsequent to the conclusion of the contract, an obligation to produce results.
Thus, SPINALI DESIGN is committed to describing with the best description of the products on the website. However, SPINALI DESIGN cannot be held responsible in cases in which the non-execution of its obligation is due either to an unforeseeable or insurmountable action of a third party to the contract or to a case of force majeur as defined by French jurisprudence. Likewise, SPINALI DESIGN cannot be held responsible for all inconveniences or damages inherent to the use of an internet network, such as a service breakdown, an outside intrusion or the presence of a computer virus.
Article 11 : Applicable Law
The present general conditions of sale and the commercial relation between the company SPINALI DESIGN and the customer are managed by French law. All litigation relative to the commercial relation between the company SPINALI DESIGN and the customer will be submitted to French courts of law.
The SPINALI DESIGN website conforms to French legislation, and in no case does SPINALI DESIGN give a guarantee to conform to local legislation applicable to you if you access the website from a different country.
Article 12 : Intellectual property rights
The brand SPINALI DESIGN, the illustrations, the logos and slogans, the drawings and models figuring on the website are and will remain the exclusive property of the company SPINALI DESIGN. All total or partial reproductions without the prior express permission of the company SPINALI DESIGN is strictly forbidden by articles L335-2 and L335-3 of the intellectual property law and constitutes as counterfeit and an offence.
Thus, no documents originating from the website can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any manner
However, it is possible to download a copy of these documents on a computer for your personal use and solely for non-commercial ends, on the condition that the information contained not be modified and all copyrights and other proprietary notices remain intact. The modification of these documents or their use for another end constitute an infraction of SPINALI DESIGN’s intellectual property rights.
If you have a privately-owned website and you wish to place, for personal use, on the website a link to the homepage of the website, you must request authorization from the company SPINALI DESIGN. This does not in any case imply an affiliation agreement.
However, all hypertext links leading to the website that use the technique of framing or in-line linking are strictly prohibited. In all cases, any link must be withdrawn upon the simple request of SPINALI DESIGN.