The merchant site www.smala.com (hereinafter referred to as Smala - An endless adventure or the "Site") is an online second-hand shop for children aged 0 to 16 years, whose registered office is located at 6 bis rue de la Métallurgie, 44470 Carquefou. For the purposes of these general terms and conditions of sale, it is agreed that any person visiting the Site/visiter le Site sera dénommée « Client », que le Client et Smala - Une aventure sans fin seront collectivement dénommés les « Parties » et individuellement dénommé « Partie », et que le Client ayant validé une commande sera alors dénommé « Acheteur ».
The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Articles offered on the Site, as these Articles are defined in article 2 below; they apply to the exclusion of any other document. Any order of an Article offered on the Site implies the adhesion of the Buyer to the present general conditions of sale.
Smala - An endless adventure reserves the right to modify at any time the present general conditions of sale.
The general terms and conditions of sale applicable are those in force on the date the order is placed.
Smala - An endless adventure offers on its website second-hand clothes, shoes and accessories for children from 0 to 16 years old (hereafter the "Articles").
The Articles are carefully selected by Smala - An endless adventure and meet Smala - An endless adventure's Quality Criteria, namely:
- the items you wish to sell must be in excellent condition, washed and ironed, otherwise you will be charged for dry cleaning.
- The clothes we sell are :
Free of defects that could render the product unusable in whole or in part
In perfect condition for all buttons, seams, snaps, zips, laces and other trimmings; but also for materials that are not faded, worn, pitted or pilling. Otherwise, this is mentioned.
Only the Articles appearing on the Site on the day of its consultation by the Customer are offered for sale
The photographs reproduced and illustrating the Articles presented are not contractual. The Customer is invited to consult the description of each Article to know its characteristics.
Smala - An endless adventure's Quality Criteria aim to ensure that articles are selected according to high quality criteria.
Nevertheless, as these are second-hand items, Smala - An endless adventure cannot be held responsible for any defects resulting from the previous use of the items. The Customer, by accepting the present general conditions of sale, acknowledges that the Articles are not in new condition.
When a customer sells his items to Smala - An endless adventure, he commits himself to accept the prices charged by Smala - An endless adventure by validating our buy-back conditions. Our buy-back prices are firm and definitive.
Any order placed on the site smala.com from Monday to Friday (excluding holidays) will be prepared and shipped within a maximum of 48 hours, subject to validation of payment
It is specified that any order placed on smala.com from Friday to Sunday or a holiday will be prepared and shipped within a maximum of 48 hours from the next business day
Smala A Never Ending Adventure is committed to deliver the items ordered and paid by the Customer according to the following delivery methods and times:
Delivery in France:
- Colissimo: 48h to 72h from dispatch*, Monday to Saturday
- Chrono Relais: 2 to 4 days from the shipment* in the relay points, from monday to saturday
*average time noted
The Customer is required to check the condition of the package(s) and the item(s) delivered
Any package with apparent anomalies (missing item compared to the order form, damaged package, open package, damaged item, etc.) at the time of delivery or collection by the Customer at the point of collection must be refused or, in case of acceptance, be the subject of reservations with the carrier and a report to Smala Une aventure sans fin
In case of acceptance of the package, the Customer must indicate any anomaly within three (3) days following the date of delivery or collection to the carrier and to Smala Une aventure sans fin by contacting the Customer Service.
The Buyer has a period of fourteen working days from the date of receipt to return, at his/her expense and without reason, the Article(s) he/she has ordered. The Article(s) must be returned in its (their) original packaging to the following address SMALA - 6 bis rue de la Métallurgie, 44470 Carquefou.
If the above conditions are met, Smala - An endless adventure will reimburse the Buyer the total amount of his order, within thirty days of SMALA's receipt of the Articles, with the exception of the costs of returning the Articles, which are to be paid by the Buyer.
Refunds will only be made after Smala - An endless adventure has checked the returned items. The Articles must not have suffered any damage once they have arrived at the warehouse. Items whose condition has been obviously altered since their delivery to the Customer will not be taken back.
Under no circumstances shall Smala - An endless adventure be held responsible for apparent or hidden defects in the Articles or for any counterfeits of the Articles presented on its Site.
Some web pages on the Site may contain web beacons that count the number of visitors to the Site and/or to provide Smala - An endless adventure with a certain number of indicators.
In any case, the information obtained via these beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Customers of our Site.
7.1. Force majeure
Smala - An endless adventure shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, notably of the postal services and means of transport and/ou communication, inondation ou incendie.
7.2 Completeness of the contract
The present general terms and conditions of sale, the order summary and the invoice sent to the Buyer form a contractual whole summarising all the agreements made between the Parties.
7.3. Applicable law - Jurisdiction
The present general conditions of sale and the contractual relations between Smala - An endless adventure and the Buyer are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction. However, Smala - An endless adventure undertakes to seek an amicable solution before any legal action.