The merchant site www.smala.com (hereinafter referred to as Smala or the "Site") is an online second-hand shop for children aged 0 to 16 years, whose registered office is located at 1 rue du Château de Bel Air, 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 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 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 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 and meet SMALA'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's Quality Criteria aim to ensure that articles are selected according to high quality criteria.
Nevertheless, as these are second-hand items, SMALA 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, he commits himself to accept the prices charged by SMALA by validating our buy-back conditions. Our buy-back prices are firm and definitive.
The prices are indicated in euros including all taxes.
The value added tax is that in force on French territory.
The prices applied are those shown on the site at the time of the order.
The prices indicated on the characteristic sheets of the articles do not include their shipping costs.
The fixed amount of the contribution to the shipping costs will be communicated to the customer when the order is placed, before validation of the latter.
The price is payable in one instalment when the product is ordered.
SMALA makes every effort to ensure that the order is delivered within an average of 3 to 4 days and a maximum of 8 working days from the day following the payment of the order. It is specified that the orders recorded on the Site on Friday afternoon, Saturday or Sunday are treated the following Monday. Orders placed on the Site on a public holiday other than Friday, Saturday and Sunday are also processed on the next working day. The delivery of the Article(s) is carried out by the Post Office in Colissimo or in Letter followed in all Metropolitan France, in the DOM-TOM and in the international.
The risks associated with the delivery are borne by the Buyer from the moment the Articles leave SMALA's premises.
SMALA cannot be held responsible for the condition of the package or for the delivery time.
The Articles ordered by the Buyer are delivered to the address indicated by the Buyer, accompanied by a delivery note.
The Buyer has the possibility of having the Articles delivered to an address other than his own. Delivery will not be ensured in the event of force majeure as defined in article 7.1 below.
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 - 1 rue du Château de Bel Air, 44470 Carquefou.
If the above conditions are met, SMALA 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 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 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/ou de fournir à SMALA un certain nombre d’indicateurs.
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 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 and the Buyer are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction. However, Smala undertakes to seek an amicable solution before any legal action.