TERMS AND CONDITIONS
1- GENERAL PRINCIPLES
Sundress.us is a website dedicated to selling women's ready-to-wear and fashion accessories. Any sale established electronically on the www.sundress.us website is subject to the terms and conditions as hereinafter set forth.
The present terms and conditions apply between:
- SUNDRESS, a simplified joint-stock company with a capital of 5,000 EUR, which head offices are located in St Laurent du Var (06700), 5 allée des imprimeurs, registered with the Antibes Trade Registry (RCS) under no. 800 282 675, hereafter referred to as "SUNDRESS" or "we" on the SUNDRESS website,
- and any natural person making a purchase via the www.sundress.us website, hereinafter referred to as "the Customer" or "you".
The Customer declares:
– having the legal capacity to enter into this contract, i.e. being of legal age and not under guardianship or trusteeship, and being legally capable of making decisions,
– not being purchasing SUNDRESS products with the aim of reselling them.
SUNDRESS reserves the right not to respond to an order if it does not come from a customer meeting the criteria set above.
The present terms and conditions are intended to define distance selling terms and conditions between SUNDRESS and the Customer, from order to payment, delivery and return. They regulate all the steps required for order placement and ensure follow-up of this order between the contracting parties.
Products or services presentation on the www.sundress.us website at a given time does not imply and does not guarantee that these products will be available at any time. We reserve the right to discontinue the sale of any product at any time.
We also reserve the right to modify these terms and conditions from time to time without prior notice. The terms and conditions applicable to your order shall be the ones displayed on the sundress.us website at the time of your order placement.
For any additional information, the Customer may contact the Customer Service, and send his or her request by filling out the contact form.
The products sold by SUNDRESS are those listed on the www.sundress.us website on the day the Customer visits the website.
Products are described and reproduced by SUNDRESS on its website as accurately as possible. However, SUNDRESS draws the Customer’s attention to the fact that photographs cannot guarantee perfect similarity with the product sold, especially regarding colours.
Differences may result from, but as not limited to, photographs' colour quality, difficulty of showing materials rendering on the screen or technical adaptation.
These differences cannot be interpreted as lack of conformity and result in the order cancellation.
SUNDRESS cannot be held liable in the event of any obvious error or non-significant omission between the product characteristics and its representation and/or description.
Product offers and prices displayed on the website are valid as long as they appear on the website, subject to availability.
In the event that one or several products were temporarily unavailable after the order placement, SUNDRESS shall inform the Customer by e-mail of the partial delivery of his or her order or its cancellation if all ordered products are unavailable. In this case, SUNDRESS agrees to refund all the amounts paid by the Customer within 30 days of his or her payment, in accordance with Article L.121-20-3 of the French Consumer Code.
All products remain the full and entire property of SUNDRESS until the order has been paid in full to SUNDRESS.
3 - PRICES AND DELIVERY FEES
The prices displayed on sundress.us include the legal V.A.T. but not the delivery fees. Any change in the V.A.T. rate may immediately impact our prices. However, prices cannot be changed once the order is placed by the Customer.
SUNDRESS reserves the right to modify at any time and without prior notice the price of items displayed on the website, without prejudice to orders previously placed by the Customer.
Sundress.us only delivers to United States of America country. Delivery fees are offered without minimum purchase for most of the year.
During specific periods such as Sales, Sundress has the right to offer delivery from a fix amount of purchase. Sundress is committed to do it utmost to inform the Customer of the occasional change.
Orders made on www.sundress.us are shipped from our wharehouse partner based in Franklin Park (Illinois, USA). Therefore there are not customs duties for deliveries in United States of America. This conditions concern all our products listed on www.sundress.us.
The customer bears sole responsibility for ensuring the laws of the country of delivery allow the shipment of the products ordered to this country.
The Customer cannot cancel his or her order for the reasons mentioned above.
4 - ORDER PLACEMENT / CONTRACT CONCLUSION
It is the Customer's responsibility to check the accuracy of the information he or she shares.
SUNDRESS reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons. We reserve the right to refuse any order placed by a Customer who may be involved in a dispute concerning the payment of all or part of a previous order and any order not complying with the present Terms and Conditions. In such case, SUNDRESS shall inform the Customer by telephone or e-mail.
Once you have placed your order, a confirmation e-mail will be sent to you (provided if you have shared your e-mail address with us). If, for any reason, we were unable to fulfill your order, we shall let you know as soon as possible. If we have already received payment for your order, we shall attempt to refund the said amount using the same payment method as you used. If, for any reason, alternative arrangements needed to be made, a SUNDRESS representative shall then contact you to organise and finalise your refund.
5 - DELIVERY
Products are delivered to the delivery address listed on the order form.
SUNDRESS processes parcels from Monday to Friday from 9am to 5pm (excluding public holidays). Orders are usually processed within 2 to 3 business days.
SUNDRESS offers shipping costs for most of the year, which include packaging, handling and postage. SUNDRESS has partnered with Fedex carrier, which means that we mainly ship orders via this service provider. Orders are usually shipped within 48 hours following their payment (average time).
Deliveries are not possible for other countries. We invite to customers from other countries than United States of America to make order on www.sundress.fr.
Additional delays can be applied by our transport partners. During sales, Private sales (...) processing times may be longer due to the large number of packages to process.
Orders are delivered to the delivery address given by the Customer in the best possible conditions within an average of 2 to 5 business days. SUNDRESS can in no way be held responsible for delivery time. In case of late delivery SUNDRESS does not refund delivery cost and/or order refund.
If the Customer is absent at the time of delivery at the address given by the Customer, the carrier shall find with the Customer an agreement such as a new delivery date, drop in the letterbox, the front door or a parcel pick-up etc. The Customer is responsible for the parcel when instructions were respected. In the case of the parcel is available in a parcel pick-up, it shall be kept there for 15 days following reception. After that, the parcel shall be returned to SUNDRESS e-commerce warehouse. The Customer shall be refunded based on the price charged, shipping costs not included.
Any change of delivery address made by the Customer after the order has been placed may result in a delayed delivery.
In case of the parcel is returned to our warehouse due to a failure delivery or/and wrong postal address, a second delivery can be organized.
Upon product reception, the Customer shall record and confirm any noticeable damage in the packaging and the delivered product and the right quantity of received items in the presence of the transporter.
If, at the time of delivery, the packaging is damaged, torn or opened, the Customer shall then check the condition of the products it contains. If products have been damaged, the Customer shall refuse the parcel and write his or her damage claim on the delivery receipt: damage, missing item, damaged package, broken item... This verification is deemed to have been made once the Customer, or a person authorised by the aforementioned, has signed the delivery note.
The Customer shall be given 30 business days after the order shipment date to request cancellation of the sale and refund of items on the grounds that they were not delivered.
No complaint concerning delivery shall be accepted after that period has expired.
Full payment of the order must be made by credit card or PayPal. We accept Visa, Mastercard and American Express.
During the checkout process, the Customer is asked to give his or her credit card number and expiry date along with the last 3 digits of the card security code located on the back of the card.
Pursuant to the provisions of the law of 13 March 2000 on the electronic signature, the online transmission of the credit card number and the final order confirmation by the Customer shall be considered as evidence of the order completeness and playability of the monies owed as payment of this order.
In some cases, including non-payment, incorrect address, or other problem related to the Customer's bank account, SUNDRESS reserves the right to block the order until the problem is solved.
The order shall only be shipped after the payment method is verified and the credit card debit authorization is received. The order value shall be debited from the Customer's account when the order is shipped, according to the products actually shipped.
The Customer shall be able to see his or her previous purchases on his or her personal account.
7 - PAYMENT SECURITY
www.sundress.us uses the Banque Populaire secure service integrating the SSL secure sockets layer security standard to ensure payment security. When finalising his or her order, the user must enter his or her confidential data in a secure environment: card number, expiry date and visual cryptogram located on the back of the card. Only Banque Populaire shall have access, through its secure space, to the Customer's banking information.
The appearance of "https: // ..." in the website URL area and the "padlock" pictogram at the bottom of the browser are the proof. This information is in no way sent through the www.sundress.us website.
Bank fraud: To avoid any fraudulent use of bank cards, SUNDRESS reserves the right to verify the data provided by the Customer and to ensure that the person whose bank account is debited is the one who placed the order on the www.sundress.us website.
8- ORDER RESCISSION / CANCELLATION
You can cancel within 14 days. If you wish to cancel your order, entirely or partially, please notify us by email at firstname.lastname@example.org. We shall use the same payment method as the one used for the items’ payment (or, if the items have not been paid yet, to make this item return to the balance of your account) as soon as possible and at the latest within 14 days after receiving your cancellation notice. Another payment method may be used for the refund provided that you give us your consent; in any case this shall not generate any costs to you.
The cancellation is free until the treatment order. If you want to cancel an order which has been treated or shipped, a $13 fees will be deducted on the refund.
Sundress customers service is available from Monday to Friday from 9 a.m. to 5 p.m. (French hours).
9 - RETURNS AND EXCHANGES
You may cancel your order at your discretion without any justification. You may return your items within 14 calendar days following order reception.
Before this 14-day period expires, the Customer must inform us of his or her cancellation or exchange request, either by sending us a duly completed exchange and return form contained in the parcel, or by sending us an email clearly and unambiguously stating this decision and mentioning the order number to: email@example.com.
SUNDRESS guarantees the refund of any item returned in accordance with section 8 (order cancellation) provided that all items are returned in the same condition as they were received. This means that items must not be damaged, stained, washed, stretched or worn (other than to try the item) and all labels still untouched. We shall refund you, trying to use the same payment method as that used for your items' payment (or, if the items have not yet been paid, to make this item return appear to the balance of your account) as soon as possible and at the latest within 14 days after item reception.
For returns, we invite you to use the pre paid return label you may find in the initial package. Returns are at your own expense (except in case of non-compliant product or manufacturing defect). A one-time $13 return shipping fee will be deducted from all returns
For exchange, you cannot exchange a product on your order. If you want another size or color, we invite you to return the item(s) for a refund and to make a new order of the desired product(s).
For exchange, we allow the exchange of product(s) on your order only if it is concerned the color and/or the size (subject to availability).
Final sale items cannot be returned. Please make your selections with care and review all product information and sizing before making a purchase.
You may return your item(s) within 14 calendar days following order reception. If return is made between 14-20 days after item reception at the postal address or a pickup station, we will give you a gift voucher for the amount equivalent to the price you paid for the item(s) with the deduction of the $13 return fees.
We won’t accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to send it back to your default delivery address and ask you to cover the delivery costs.
If the item you received is defective or not the one you ordered, please promptly notify SUNDRESS and return the item. SUNDRESS shall refund any incorrect item or any product deemed defective. We shall refund return costs. The provisions set forth in the present Terms and Conditions do not exclude any applicable lawful right.
If they were not, the return parcel being your responsibility until it arrives in our warehouses, please ask for a proof of sending with a tracking number. The return parcel is your responsibility until it arrives in our warehouse.
11 - RESPONSIBILITY
The products displayed and sold comply with the applicable French legislation.
Photographs and texts representing and illustrating products are not contractual. Consequently, SUNDRESS shall not be held responsible for any error in one of these photographs or one of these texts.
SUNDRESS shall not be held responsible for the non-performance of the concluded contract in case of sold-out items or product unavailability, force majeure, disruption or total or partial strike including in postal services and means of transport and/or communication. We shall not be liable for any damage resulting from a fraudulent intrusion by a third party resulting in a modification of the information available on the website and more broadly for any direct or indirect damage, whatever the causes, origins, nature or consequences, caused by anyone's access to the website or impossibility to access it, the use of the website and/or the credibility given to any information directly or indirectly displayed on the latter.
12 - RENUNCIATION AND NULLITY
The possible nullity of a clause of the present Terms and Conditions shall not affect the entirety of the Terms and Conditions and the resulting obligations for the Customer.
Renunciation, at any time whatsoever during the Contract, of any right or application of any of the clauses of the Terms and Conditions shall not constitute a renunciation of these rights or clauses. The renunciation by SUNDRESS of any breach does not constitute a renunciation of any subsequent breach.
13 - RIGHTS OWNERSHIP
All intellectual property rights, such as trademarks and copyrights on sundress.us, remain the property of SAS SUNDRESS. Any use of the sundress.us website or its contents, including the photocopying or the partial or complete keeping of such content, other than by our own personnel and for non-commercial purposes, is prohibited without SUNDRESS' consent.
14 - DURATION
Terms and Conditions are subject to French law. They are written in French. If they were translated into one or more foreign languages, only the French text shall prevail in case of dispute. These Terms and Conditions apply as long as SUNDRESS provides its services online.
In the event of a dispute, parties shall seek an amicable agreement before any contentious action and shall communicate to each other all the information necessary to this effect. If no amicable settlement of the dispute is reached, the Tribunal de Commerce de NICE (Commercial Court of NICE) in France shall have sole jurisdiction in the event of litigation of any kind or dispute related to the formation or execution of the order, unless Sundress prefers to seize any other competent jurisdiction.