Conditions d’utilisation du site (CGU)

ARTICLE 1 – Definitions

The following terms used in these Terms and Conditions of Use (ToU) shall have the following meanings:

"Client" : refers to the co-contractor of the Seller, who certifies to have the status of consumer as defined by French law and case law. As such, it is expressly stated that the Client is acting outside the scope of any usual or commercial activity.
"Order" : refers to the purchase of Products made by a Client from the Seller via the Website.
"Terms and Conditions of Use" or "ToU" : refers to these contractual terms made available on the Website’s homepage to govern the use of the Website by any User.
"Client Account" : refers to the interface through which the Client accesses their Personal Space, where all provided data is gathered. Access to the Client Account is secured by login credentials.
"Product Page" : refers to the page presenting the commercial offer related to a Product. The Product Page generally includes one or more photographs of the Product, its price, characteristics, and all legally required information.
"Login Credentials" : refers to the Client’s email address and password required to access their Client Account on the Website.
"Parties" : in the plural form, refers collectively to the Client and the Seller. In the singular form, refers to either one of the two Parties.
"Product" : refers to all products available for sale on the Website.
"User" : refers to any person browsing the Website, whether a Client or a simple visitor.
"Seller" : refers to GINGER, a simplified joint-stock company with a share capital of €2,020,800, registered with the Paris Trade and Companies Register under number 309 706 992, with its registered office at 52 rue du Faubourg Poissonnière, 75010 Paris.

ARTICLE 2 – Acceptance of the Terms and Conditions of Use

Use of the Website implies acceptance of these ToU.

Accordingly, the User agrees to carefully read these ToU when accessing the Website and is invited to download, print, and retain a copy.

These ToU are available at the bottom of each page of the Website via a hyperlink and can be consulted at any time.

The applicable version is the one published online on the date the User browses the Website.

Each User is therefore required to refer to the version accessible online at the time of accessing and using the Website.

The User is expressly informed that the only legally binding version of the ToU is the one available online on the Website, which the User acknowledges and accepts without reservation, committing to consult it systematically upon each visit.

ARTICLE 3 – Technical Specifications

By using the Website provided by SUD EXPRESS, the User acknowledges having the necessary means and skills to access and use the features offered.

The equipment required to access and use the Website is the sole responsibility of the User, as are any telecommunications costs that may result from its use.

ARTICLE 4 – Access and Registration Conditions

Any User may access the Website and view the Products offered.

To become a Client, the User may choose to register on the Website by creating a Client Account. Creating a Client Account allows the Client to benefit from additional Services as described in Article 5.2.

4.1 Registration as a Client

To create a Client Account, the User is invited to:

Visit the “Registration” page:
https://www.sudexpress.fr/account/register
Provide the following information: First name, last name, email address, mobile phone number, and date of birth;
Set a password that complies with the security standards imposed by SUD EXPRESS;
Provide consent (or not) to receive SUD EXPRESS offers via email and/or SMS;

OR

Log in using a Google account; or
Log in using a Facebook account.

The User wishing to become a Client agrees to provide SUD EXPRESS with accurate, honest, and up-to-date information that does not infringe upon the rights of any third party in any way, and to communicate any necessary updates to the information provided at the time of registration.

The User must also accept these Terms and Conditions of Use (ToU) before completing their registration.

The email address and password constitute the Client's login credentials.

The Client agrees to create only one single Client Account on the Website. SUD EXPRESS declines any responsibility for any damages resulting from the use of multiple Client Accounts by a single Client.

The User is fully responsible for the accuracy and updating of the information provided when creating and managing their Client Account.

4.2 Login Credentials

The password can be modified online by the User from within their Client Account.

The Client is solely responsible for the use of their login credentials and any actions taken through their Client Account.

If a Client discloses or misuses their credentials in any way, SUD EXPRESS reserves the right to delete the Client Account without prior notice or compensation.

Under no circumstances shall SUD EXPRESS be held liable for identity theft involving a Client. Any access to and actions performed from a Client Account will be presumed to have been made by the Client, as SUD EXPRESS is under no obligation and has no technical means to verify the identity of individuals accessing the Website through a Client Account.

4.3 Client Account Deletion

Each User may delete their Client Account at any time by contacting SUD EXPRESS at the following email address: bonjour@sudexpress.com

SUD EXPRESS will deactivate the Client Account as soon as possible and will send an email confirming the account closure and the permanent deletion of all associated data from the Website.

ARTICLE 5 – Services

5.1 Services available to all Users

All Users may access the Website and its various features free of charge.

The main service offered by SUD EXPRESS consists in allowing any User to browse the Products listed by category, with the option to purchase them from the Seller.

5.1.1 Product Presentation

Users can access the Products presented by SUD EXPRESS from the homepage of the Website.

The homepage features:

A “ OUTLET ”, “ SALES ”, or “ LOW PRICES ” tab;
A “ COLLECTION ” tab, where fashion items are accessible by category;
A “ UNIVERSE ” tab, where the User can access loyalty programs, gift cards, and Lookbooks;
A “ SECOND HAND ” tab, where various second-hand SUD EXPRESS Products are available.

5.1.2 Category Search

The User can browse various Product sections, organized by materials (e.g., Denim, 100% Cashmere) and by categories of accessories or clothing (e.g., Dresses & Jumpsuits; Sweaters; Shirts & Blouses; Tops, T-Shirts & Tees; Pants & Jeans; Skirts; Cardigans; Jackets & Bombers; Coats & Puffer Jackets; Accessories & Shoes…).

5.1.3 Search Function

The User can use the search bar to look for a specific Product.

The search results will be displayed by default according to a relevance criterion, based on the following: priority is given to Products whose title, description, or product page contains the highest number of matches with the keywords used by the User.

5.1.4 Product Orders

Any User, whether or not they have created a Client Account on the Platform, may place an Order for Products offered by the Seller via the Website.

All Product Orders are governed by the Terms and Conditions of Sale (TCS) available at:
https://www.sudexpress.fr/pages/cgv

The User will be notified by email once their Order is being processed.

5.2 Additional Services via the Client Account

Users who have created a Client Account gain access to additional services, including:

Tracking of current Orders and access to past Order history;
Access to invoices related to past Orders;
Management of their address book, allowing them to add multiple delivery addresses;
Management of personal information;
Submission and tracking of return requests.

ARTICLE 6 – Online Reviews

Within 15 days following the shipment of the Products, the Client will receive an email from SUD EXPRESS inviting them to share their shopping experience, sent to the email address provided by the Client.

The review may be submitted through the solution provided by YOTPO, whose Terms of Use are available here:
https://www.yotpo.com/terms-of-use/

ARTICLE 7 – Obligations of the Parties

7.1 Obligations of Users

When using the Website, each User agrees to refrain from disrupting public order, to comply with applicable laws and regulations, to respect the rights of third parties, and to abide by these Terms of Use.

Each User undertakes to:

Act fairly toward SUD EXPRESS and third parties;
Be honest and truthful in the information provided to SUD EXPRESS and, where applicable, to other Users;
Use the Website in accordance with its intended purpose as described in these ToU;
Not misuse the Website to commit crimes, offenses, or violations punishable under the Penal Code or any other applicable law;
Respect the privacy of others and the confidentiality of communications;
Respect the intellectual property rights of SUD EXPRESS related to the elements of the Website, and where applicable, those of other Users;
Not attempt to breach the automated data processing systems implemented by the Website, as defined in Articles 323-1 et seq. of the French Penal Code;
Not alter information published by SUD EXPRESS or another User;
Not use the Website to send unsolicited bulk messages (advertising or otherwise);
Not disseminate data that could impair, disrupt, slow down, or interrupt the normal functioning of the Website.

7.2 Obligations of SUD EXPRESS

SUD EXPRESS is bound by a general obligation of means.

SUD EXPRESS is not subject to any obligation of result, nor to any reinforced obligation of means.

SUD EXPRESS undertakes to make every effort to ensure continuous access to and use of the Website, 24 hours a day, 7 days a week.

However, SUD EXPRESS draws Users' attention to the fact that current internet communication protocols do not guarantee certain and continuous transmission of electronic exchanges (messages, documents, identities of sender or recipient).

ARTICLE 8 – Liability

The Seller disclaims all liability, including but not limited to:

In the event of temporary inability to access the Website due to technical maintenance or updates to published information. Users acknowledge that SUD EXPRESS cannot be held liable for malfunctions or interruptions of the aforementioned transmission networks;
In the event of viral attacks or unlawful intrusion into an automated data processing system;
In the event of abnormal or unlawful use of the Website by a User or any third party;
For the content of third-party websites accessible via hyperlinks present on the Website;
In the event of non-compliance with these ToU by the Users;
In case of delay or failure to perform its obligations due to a force majeure event as defined in Article 9 of these ToU;
In the event of any cause beyond the control of SUD EXPRESS.

In the case of abnormal use or unlawful exploitation of the Website, the User shall be solely responsible for any damage caused to third parties and for any resulting claims or legal actions.

The User is also informed of the inherent risks of using the Internet, particularly regarding potential security breaches during data transmission and the lack of guaranteed continuous access to the Website and its content. Under no circumstances shall SUD EXPRESS be held liable for such risks or for any resulting damages, regardless of their extent.

ARTICLE 9 – Majeur Force

SUD EXPRESS cannot be held liable if the non-performance or delay in performance of any of its obligations under these ToU is due to an event of force majeure.

The Parties expressly agree that a force majeure event refers to any event beyond the control of the obligated Party, which could not reasonably have been foreseen at the time of accepting these ToU, and whose effects could not have been avoided by appropriate measures, and which prevents the performance of the obligation by the affected Party.

A force majeure event will suspend the obligations of the affected Party for as long as the event lasts, if the event is temporary. However, the Parties will make every effort to minimize the consequences of such an event to the extent possible.

If the event is permanent and prevents performance, the contract will be automatically terminated, and the Parties will be released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the French Civil Code. In the event of such an occurrence, SUD EXPRESS will endeavor to inform the User as soon as possible.

ARTICLE 10 – Intellectual Property

The User acknowledges SUD EXPRESS’s intellectual property rights over the Website, its components, and related content, and agrees not to challenge these rights in any form whatsoever.

All trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, texts, and any other content on the Website are the exclusive intellectual property of SUD EXPRESS and may not be reproduced, used, or represented without express authorization, under penalty of legal action.

ARTICLE 11 – Protection of Minors

Minors under the age of 18 may place Orders on the Website, provided they have obtained prior express authorization from their legal guardians, which may be requested at any time.

Legal guardians are responsible for monitoring the use of the Website by minors under their care.

ARTICLE 12 – Personal Data

As part of operating the Website, SUD EXPRESS may collect personal data.

This data is necessary for managing the Website and processing Orders, and—if the User has expressly chosen this option—for sending newsletters, unless the User decides to opt out of receiving such communications from SUD EXPRESS. The data will be kept confidential by SUD EXPRESS for the purposes of the contract, its execution, and in compliance with the law, for a period of 3 years from the end of the commercial relationship if the User is a Client, or from the last contact if the User is not yet a Client.

The data may be shared, in whole or in part, with SUD EXPRESS’s service providers.

In this regard, the User is invited to consult SUD EXPRESS’s Privacy Policy, available at the following address:
https://www.sudexpress.fr/pages/politique-de-confidentialites ,
which provides full information on personal data protection and processing carried out through the Website.

In accordance with French Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties (as amended), and with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”), SUD EXPRESS ensures the enforcement of data subjects' rights.

It is reminded that Users whose personal data is processed have the rights of access, rectification, update, portability, and erasure of their personal data, as well as the right to restrict processing in accordance with Articles 49, 50, 51, 53, and 55 of the French Data Protection Act, and Articles 15, 16, 17, 18, and 20 of the GDPR.

In accordance with Article 56 of the French Data Protection Act and Article 21 of the GDPR, the Client may also object, on legitimate grounds, to the processing of their data, without justification and free of charge.

The User may exercise these rights by sending a letter to the following address:
Sud Express, 52 rue du Faubourg Poissonnière, 75010 Paris, France

Finally, the User may also lodge a complaint with the relevant supervisory authority, in particular with the CNIL (Commission Nationale de l’Informatique et des Libertés):
https://www.cnil.fr/en/complaints

ARTICLE 13 – Agreement on Evidence

The Parties agree to consider messages received by fax or electronically, and more generally all electronic documents exchanged between them, as original writings within the meaning of Article 1316-1 of the French Civil Code—i.e., as having the same legal value as a paper original.

ARTICLE 14 – Customer Service

Any questions or complaints regarding the use or operation of the Website may be submitted using the following methods:

By email: bonjour@sudexpress.com
By telephone: +33 (0)1 42 33 94 94 , Monday to Friday, from 10:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m.

ARTICLE 15 – Validity of the ToU

If any provision of these Terms and Conditions of Use is found to be invalid under current legislation or regulations, or as the result of a final court decision, it shall be deemed unwritten but shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Such a modification or decision shall in no way entitle Users to disregard these ToU.

ARTICLE 16 – Amendments to the ToU

These Terms and Conditions of Use apply to all Users browsing the Website.

The ToU may be modified and updated by SUD EXPRESS at any time, in particular to comply with changes in legislation or regulations.

The applicable ToU are those in force at the time of browsing the Website.

ARTICLE 17 – General Provisions

The fact that one of the Parties does not demand the application of any clause of these ToU, whether permanently or temporarily, shall not be interpreted as a waiver of said clause.

In the event of any difficulty in interpreting the headings of the clauses and the content of the clauses themselves, the headings shall be deemed nonexistent.

ARTICLE 18 – Governing Law and Jurisdiction

These Terms and Conditions of Use are governed by French law. Any issues relating to the validity, application, or interpretation of the ToU shall be submitted to the competent courts under the applicable legal rules.

However, prior to any referral to an arbitral or state court, the Client is invited to contact the Seller’s complaints department.

If no agreement is reached, or if the Client can demonstrate that they have previously attempted to resolve the dispute directly with the Seller via a written complaint, an optional mediation process will then be proposed. This process shall be conducted in a spirit of fairness and good faith with the aim of reaching an amicable resolution of any conflict arising from this contract, including disputes concerning its validity.

To initiate this mediation process, the Client may contact the following mediator:
CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice) – cm2c.net
Address: CM2C – 14 rue Saint Jean – 75017 PARIS

Every consumer also has the option to use the European online dispute resolution platform available at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The Party wishing to initiate the mediation process must inform the other Party in advance by registered letter with acknowledgment of receipt, stating the nature and details of the dispute.

As mediation is not mandatory, either the Client or the Seller may withdraw from the process at any time.

If mediation fails or is not pursued, the dispute that was subject to the mediation process shall be referred to the competent court mentioned above.

Terms and Conditions of Use (ToU)

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