GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

All purchases made on the website www.sudexpress.com (hereinafter the « Website ») are subject to prior knowledge and acceptance of these GENERAL TERMS AND CONDITIONS OF SALE (hereinafter « GTC »).
 
The GTC are  concluded between (1) the company GINGER SUDEXPRESS, having a share capital of 2 020 800 €, registered in the Trade and Companies Registry of Paris under the number 309 706 992, having its registered office at 52 rue du faubourg Poissonnière 75010 Paris, and having the VAT number FR86309706992 (hereinafter « Sud Express) AND (2) any non-professional individual browsing and/or buying a product on the website www.sudexpress.com (hereinafter the « Client »).  
 
The Sud Express Privacy Policy is an integral part of the GTC.
 
The GTC only apply to Clients being individual persons, non-merchants that acquire the products for their own personal consumption and not for a potential professional activity.
 
The present GTC exclusively regulate all the orders and all the sales contracts executed between Sud Express and its Clients, to the exclusion of all other conditions, and they shall prevail upon any other version or document.
 
The amendments made to the GTC are enforceable against the Client upon their publication online on the Website and cannot be applied to a transaction completed prior to that publication.
 
For any question relating to an online order, the Client can contact Sud Express’ Customer Service:
 

• Directly on the Website with the contact forms accessible on the « My account » section;
• By phone at +33 1 42 33 94 94, Monday to Friday from 10am to 1pm and 2pm to 5pm;
• By postal mail at the following address: 52, Rue du faubourg Poissonnière, 75010 Paris, France

ARTICLE 1: PRODUCTS

The essential characteristics and prices of the products offered for sale on the Website are available on the Website.
 
The Products are offered within the limit of the availability displayed on the Website.

ARTICLE 2: WEBSITE ORDER

The Client that wishes to buy a product must create a client account at the time of its first order.
 
In order to create a client account, the Client will be required to provide his first name, last name, email address and password. The Client will also be able to optionally provide his date of birth. This information is personal data processed in accordance with the Sud Express Privacy Policy.
 
Registration to the personal account is also achieved by choosing login details (email address and password chosen by the Client). The Client acknowledges that his login and password are strictly personal and confidential.
 
In case of suspicion of fraudulent use of the login and password, the Client must immediately inform Sud Express by email at the following address: bonjour@sudexpress.com. Under all circumstances, the transmission of the credit card number or other banking information and the validation of the order and its payment will be considered as evidence of the said order and will be considered as evidence that the sums incurred by the order are due.
 
The Client undertakes to provide exact information. Sud Express cannot be held responsible for the supply of false information that would make it impossible for Sud Express to fulfil its obligations.
 
To place an order on the Website, the Client shall have to follow the following steps:
 

• Selection of products on the Website;
• Summary of products ordered, delivery costs and price;
• Identification of the Client or creation of an account;
• Choice, when offered, of the delivery mode of the displayed products;
• Choice of pick-up point if applicable, or indication of the delivery address in case of home delivery;
• Presentation of the summary of the order, giving the possibility to modify the order and indication of the total price;
• Choice of payment method;
• Unconditional acceptance of the GTC.

 
An email is sent to the Client confirming the order and its registration after acceptance of the payment, which contains the following information:
 

• a list of the products ordered and their references;
• the price of the products;
• the quantity of the products to be delivered;
• the date of the order;
• the delivery price;
• the payment method chosen by the Client; and 

Any order implies an obligation of payment.
 
Supposing the Client does not receive any email following the order, the Client is responsible for contacting Sud Express customer service.
 
Sud Express shall not be held liable in the event of an input error  due to the Client and which does not permit the sending of the confirmation email.
 

ARTICLE 3: VALIDITY OF OFFERS - PRODUCT AVAILABILITY

The products listed on the Website are deemed to be available.

The availability of the product is monitored after the acceptance of the payment and is confirmed by the sending of the shipping email by Sud Express.
 
If a product is not available, Sud Express undertakes to inform the Client promptly. The order for that product and reimbursement will then be performed.
 

ARTICLE 4: PRICE

The price of the products sold on the Website is indicated per product.
 
The prices are in euros (€), all taxes included, and do not include shipping costs.
 
The applicable VAT is the one in force on the date of the order.
 
Prices are only valid for sale on the Website and cannot be applied to sales in stores.
 
The amount of the delivery costs is indicated at the time of the final validation of the Order on the Website. Within the framework of promotional operations, Sud Express may reduce or offer free delivery charges.

Sud Express may modify its prices at any time but undertakes to apply the prices displayed at the time the order is placed, subject to availability on that date.
 
Sud Express will not refund a possible difference in price between the moment the order is placed and a later price reduction.
 
Sud Express remains the owner of the products until full payment by the Client has been received by Sud Express.
 

ARTICLE 5: PAYMENT

ARTICLE 5.1:  PAYMENT METHODS
 
Orders will be considered recorded only after confirmation or payment reception.
 
ARTICLE 5 1.1: PAYMENT BY CREDIT CARD
 
The products are payable on the date of the effective order.
 
The payment of the orders can be made by credit cards: Carte Bleue, VISA, MASTERCARD.

The Client expressly acknowledges that the communication of his bank card number to Sud Express is equivalent to authorization to charge the amount of the products ordered and all taxes included.

Sud Express uses all its resources to ensure the confidentiality and security of the data transmitted on the Website.
 
Sud Express has under no circumstances access to the bank details and therefore cannot keep the information on its servers.
 
ARTICLE 5 1.2:  PAYMENT BY PAYPAL

Payments by Paypal are accepted on the Sud Express Website and are then made through PAYPAL and according to its general conditions of sale and use of its services. 

The choice of this method of payment implies acceptance of the general conditions of sale and use of PAYPAL by the Client.

Sud Express cannot be held responsible for the conditions established by PAYPAL.

5.1.3 PAYMENT IN 3x FREE BY ALMA

Seller offers its Customers Alma's credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer's acceptance of the T&Cs or the credit agreement offered by Alma.
· Any denial of credit by Alma for an order may result in the cancellation of that order.
· Any termination of the T&Cs that bind the Customer and the Seller results in the termination of the T&Cs or the credit agreement between Alma and the Customer.
Triple payment is available through our partner Alma.
Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Purchase Amount: Only purchases between €200 and €1000 are eligible for payment with Alma

Fees: By paying in installments with Alma the Customer does not pay fees Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code Termination:

Any termination of the T&Cs that bind the Seller and the customer, results in the termination of the T&Cs between Alma and the customer.

For any complaint https://support.getalma.eu/
 
ARTICLE 5 1.4: ANTI FRAUD

Sud Express reserves the right to check the validity of the payment, before the shipping of the order (in particular ID documents, residence certificate, etc.) in case of fraud suspicion.
 
ARTICLE 5 1.5:  PAYMENT INCIDENT
 
Sud Express reserves the right to refuse to perform a delivery or to fulfil an order from a Client who has not paid a previous order or with whom a payment dispute is in progress. In the event of fraud, Sud Express reserves the right to delete the Client's account after prior information.
 

ARTICLE 6: DELIVERY

Every delivery is deemed completed as soon as the parcel is made available to the Client.
 
ARTICLE 6.1: ORDER PREPARATION TIME FRAMES
 
Sud Express reserves the right to outsource all or part of the preparation and dispatching of the order.

Once your order has been prepared (preparation time 48h to 72h), delivery times vary depending on the delivery method selected during the validation of your order.
 
The products are delivered to the delivery address indicated by the Client at the time of the order.

Orders are processed from the first working day following the registration of the order. Thus, orders registered on a Saturday, Sunday or holiday will be processed on the next working day.
 
The product ordered is delivered to the address appearing on the order form.
 
ARTICLE 6.2:  ORDER DELIVERY TIME

Delivery times may not exceed 30 working days following the order confirmation and/or conclusion of the contract.

Sud Express cannot be held responsible for late delivery in case of force majeure.

The expected delivery date is indicated on the order and on each of the product descriptions.
 
Any delivery delay beyond the date specified in the order and not due to a case of force majeure, may lead to the termination of the contract, at the initiative of the Client, by sending a registered letter with acknowledgement of receipt, if, after having instructed Sud Express to carry out the delivery within a reasonable additional period of time, the delivery has not been carried out.
 
The contract will be considered terminated upon receipt by Sud Express of the letter from the Client only if the delivery has not occurred in the meantime. In the event of termination, Sud Express will reimburse the Client as soon as possible for the sums paid, and at the latest, within 14 days of receipt of the registered letter.
 
ARTICLE 6.3:  DELIVERY TRACKING
 
The Client may track his order at any time using the order number communicated in the email registering his order, and in his "My Account" space on the Website.
 
 
It is reminded that, it is essential that the Client transmits a valid and regularly updated email address. Otherwise, Sud Express cannot be held responsible for the consequences of communicating an erroneous or non-updated email address.
 
ARTICLE 6.4: DELIVERY AREAS

Once your order has been prepared (preparation time 48h to 72h), delivery times vary depending on the delivery method selected during the validation of your order:
Delivery is made to the following countries:
 

ARTICLE 7: RIGHT OF WITHDRAWAL

The Client has a 14 calendar day period to assert the right of withdrawal, without the need to justify any reason whatsoever. The period runs from the day of receipt of the order at home or at a relay point.
 
In the case of an order for several products delivered separately, the period shall run from the date of receipt of the last product.
 
Withdrawal may be made by e-mail to the following address bonjour@sudexpress.com or by mail to the address indicated in the preamble or via the online withdrawal form available here.

The right of withdrawal cannot be exercised for personalized products.

The products must be returned in their original packaging and wrapping, accompanied by the delivery note and/or order form attesting that they are indeed products ordered on the Website.
 
The return of the product(s) will be made by the Client to the address indicated within 14 days following the communication of the decision to withdraw. 
 
The costs and risks related to the return of the products are charged to the Client.
In Portugal, Belgium, Luxembourg and Spain the returns are free is the delivery and the return are operated by Mondial Relay
 
Sud Express will refund the Client the price of the returned product(s) as well as the shipping costs of the product(s) within 14 calendar days.

Sud Express is entitled to defer reimbursement until the goods have been returned or until the Client has provided proof of the expedition of the products, the date chosen being the first of these two dates.

The refund will be made according to the same payment method chosen by the Client at the time of the order.
 
No exchange shall be performed, the products shall be refunded.
The Client will receive a confirmation email once the refund has been initiated.
 
Returns to the store are not authorized.

ARTICLE 8: CLIENT SERVICE

The Client can contact Client Services in order to obtain answers to any questions relating to the use of a product, or its maintenance methods. The Client can contact Sud Express by email using the contact form on the Website or by telephone at +33 1 42 33 94 94 from Monday to Friday from 10:00 am to 1:00 pm and 2:00 pm to 5:00 pm.

ARTICLE 9: WARRANTIES

ARTICLE 9.1: LEGAL WARRANTY OF CONFORMITY
 
The products are subject to the legal guarantee of conformity:
 
"The seller is required to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery.
 
It is also liable for defects of conformity resulting from the packaging of the assembly instructions or from the installation when the latter has been made at its expense, by the contract, or has been carried out under its responsibility.”
 
Actions for non-conformity shall be prescribed within two years of the date of delivery of the product.
 
Any non-conformity which becomes apparent within 24 months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proved otherwise.
 
ARTICLE 9.2: LEGAL WARRANTY AGAINST HIDDEN DEFECTS
 
The products offered on the Site are subject to the guarantee against hidden defects:
 
"The seller is bound by the guarantee for hidden defects of the sold item that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them". 
 
The action resulting from hidden defects must be brought within two years from the discovery of the defect.
 
The Client may decide to implement the guarantee against hidden defects of the product sold by choosing between the cancellation of the sale or a reduction of the sale price.
 
 

ARTICLE 10: INTELLECUTAL PROPERTY

Sud Express is the exclusive owner of all Intellectual Property in the Products, the Website or any documents, drawings, logos or trade names on the Website or the Products.  Sud Express does not grant a license or any other right to the Client to use the Intellectual Property of Sud Express.
 
The Client shall not be allowed to use Sud Express’ Intellectual Property for any purpose.
 
The Client shall not copy, modify, create a derivative work, invert the conception or assemble or try to obtain the source code in any other manner (except the cases specified by law), sell, assign, sub-license, transfer in any manner whatsoever any Intellectual Property of  the Website or Products.
 

ARTICLE 11: RESPONSABILITY

Sud Express only supports an obligation of means. Consequently, Sud Express cannot be held responsible for any inconvenience or damage inherent to the use of the internet network.
 
Moreover, Sud Express cannot be held responsible in the event that the order is not successful or if Sud Express is unable to respect one of its obligations due to a case of force majeure.
 

ARTICLE 12: INTEGRALITY

In any case where one of the articles of the present contract is invalidated, this shall in no way affect the validity and compliance of all the other articles of the GTC.
 

ARTICLE 13: PROOF

The computerized registers will be considered as proof of communications, orders and payments between the Parties.
 
The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to provide a faithful and durable copy.
 

ARTICLE 14: DISPUTE

The GTC are subject to French law.
 
In the event of a dispute, the Client is invited to contact Sud Express Client Services in order to find an amicable resolution to the dispute.
 
In the event of a dispute in connection with the execution of these GTC, the Client may, prior to any legal action, use a conventional mediation procedure or any other alternative method of dispute resolution with a view to an amicable settlement.
 
The mediator appointed by SUD EXPRESS is the company CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice (cm2c.net) ; CM2C - 14 rue Saint Jean - 75017 PARIS).
 
It is expressly pointed out that requests for amicable settlement do not suspend the time limits open to bring legal action.

ARTICLE 15: PERSONAL DATA

Personal information relating to the Client may be processed by Sud Express. The processing of this information is notably required for the management of orders and the follow-up of your orders, but also to create a Client account and to subscribe to the newsletter.
 
For more information on the processing of data and the Client's rights regarding the data, the Client is invited to consult the Sud Express Privacy Policy
 

APPENDIX: EXAMPLE OF A WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)
 
Attention Sud Express,
 
I/We (*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below:
 
  - Name of the goods :
 
  - Reference of the good :
 
  - Order number :
 
  - Ordered on (*)/ received on (*)
 
  - Name of consumer(s)
 
  - Address of the consumer(s)
 
  - The e-mail address used for the customer account of the consumer(s) :
 
  - Signature of the consumer(s) (only in case of notification of this form on paper)
 
  - Date