Owner of the website
237 Rue Saint-Martin, 75003 Paris
Tel: 09 81 09 88 00
Realization of the website
SARL Dream me up with a capital of 1 000 €.
Atlanparc Building M - Rue Camille Claudel - Kerluherne - 56890 PLESCOP
R.C.S. VALVES 501 021 588
Contact address: contact[at]dream-me-up.fr
Hosting is carried out on an OVH server by the company Dream Me Up.
The general structure as well as software, text, images animated or not, its know-how and all other elements comprising the site are the exclusive property of Shoesissime.
Any total or partial representation of this site by any person whatsoever, without the express permission of Shoesissime is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.
The trademarks of Shoesissime and its partners, as well as logos, photos and diagrams appearing on the site are registered trademarks.
Any total or partial reproduction of these trademarks or logos made from elements of the site without the express permission of Shoesissime is therefore prohibited under the Intellectual Property Code.
General terms and conditions of sale
Article 1 - Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the website www.shoesissime.com and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They shall be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The present general conditions of sale are valid until 31/12/2020.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.shoesissime.com.
The present conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, please send a message to firstname.lastname@example.org.
These purchases concern the following products: the online sale of shoes of large sizes.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are opposable to him under the terms of Article 1119 of the Civil Code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.
3.2 The following information shall be transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service
- the price of the delivery
costs - in the absence of immediate execution of the contract, the date or the deadline by which the service provider undertakes to deliver the good or execute the service, whatever its price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the methods of implementation of guarantees and other contractual conditions.
3.3 Seller shall provide Buyer with the following information:
- his name or company name, the geographical address of his establishment and, if different, that of the registered office, his telephone number and his e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the procedures provided by the professional for handling complaints;
- in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L. In the event of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the consumer code, the guarantee of hidden defects provided for in articles 1641 et seq. of the civil code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code;
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks.
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
- after the confirmation of acceptance of the order by the seller by e-mail has been sent to the buyer;
- and after the seller has received the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order of this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the buyer must call 09 81 09 88 00 (price of a local call). From Tuesday to Friday from 10.30am to 6pm.
Article 5 - Electronic signature
The online supply of the buyer's bank card number and the final validation of the order will be proof of the buyer's agreement:
- due date of the sums due under the order form,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact 09 81 09 88 00 (price of a local call). From Tuesday to Friday from 10.30 am to 6 pm.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation e-mail, confirming the express commitment of the parties.
Article 7 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, 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 that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability at that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be passed on to the selling price of the products.
Article 10 - Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The payment of the price is carried out cash with the order, according to the following methods: CB, Paypal, bank check or bank transfer.
The payments made by the buyer will be considered final only after effective collection of the sums due, by the seller.
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is within 3 to 4 working days from the day following the day on which the buyer placed his order and 7 working days within the European Union.
Generally, orders placed before 2pm will be forwarded to the carrier the same day. Orders placed on Friday afternoon, Saturday and Sunday will be shipped the following Monday.
In the event of failure to comply with the agreed delivery date or deadline, the buyer shall, before cancelling the contract, instruct the seller to perform the contract within a reasonable additional period of time.
Should the Buyer fail to do so after the expiry of this new period, the Buyer shall be free to withdraw from the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered as resolved on receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
However, the buyer may terminate the contract immediately if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In accordance with Article L. 242-4 of the Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due shall be automatically increased:
- by the legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14-day period set out above,
- by 5 % if the delay is between 10 and 20 days,
- by 10 % if the delay is between 20 and 30 days, - by 20 % if the delay is between 30 and 60 days,
- by 50 % if the delay is between 60 and 90 days,
- and by five additional points for each further month of delay up to the price of the product, and then the legal interest rate.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery Delivery
means the transfer to the consumer of the physical possession or control of the goods. It is made only after confirmation of payment by the seller's bank.
The products ordered are delivered according to the following methods: We deliver to the address of your choice (home, workplace, relay point, post office ...) by Colissimo Suivi or withdrawal Store in our shop in Paris, in Metropolitan France and in some European countries.
Your order is processed as soon as it is validated, from Tuesday to Friday before 2pm. The average delivery time is 3 to 4 working days (excluding Sundays and public holidays). Exemption for orders paid by cheque or bank transfer. Your package will be shipped upon receipt of payment.
No delivery is made in the French overseas departments and territories.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).
This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days following receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (new condition, in their original box, packaging, accessories ...).
Article 13 - Errors of delivery
The purchaser will have to formulate with the salesman the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
The claim may be made, at the choice of the buyer:
- telephone number: 09 81 09 88 00
- e-mail address: c
email@example.com Any claim not made in accordance with the rules defined above and within the time limits specified above cannot be taken into account and will release the seller from any liability towards the buyer.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo followed, at the following address: Magasin Shoesissime - 237 Rue Saint Martin - 75003 Paris
The return costs are borne by the seller.
Article 14 - Transfer of risks
Ownership of the item sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the buyer, upon acceptance of the order form by the seller.
Article 15 - Warranty of the products
15.1 Legal warranty of conformity and legal guarantee of hidden defects
Shoesissime - 237 rue Saint Martin - 75003 Paris guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to act;
- the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
- the buyer is exempt from providing proof of the existence of the defect in conformity of the goods during the 6 months following delivery of the goods.
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
The buyer is expressly informed that the seller is not the producer of almost all of the products presented within the meaning of Law No. 98-389 of 19 May 1998 relating to liability for defective products.
Defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products are not covered.
Article 16 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty. Shoesissime will also bear the cost of return shipping for Metropolitan France, within the limit of a return, via a postal voucher provided in your package. Any other method of return used will be charged to the customer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to remarket them in new condition, accompanied by the return form completed attached to the package.
Damaged, soiled or incomplete products are not accepted.
Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to withdraw.
In the event of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be reimbursed.
The exchange (subject to availability) or refund will be made within 14 days at the latest from receipt by the seller of the products returned by the buyer under the conditions provided for above.
Article 17 - Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration of the parties' obligations and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (photographs, editorial content, etc.) remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 19 - Information Technology and Freedoms
The personal data provided by the buyer is necessary for processing his order and for the establishment of invoices.
They may be communicated to the seller's partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the www.shoesissime.com website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the terms and conditions defined on the www.shoesissime.com website.
Article 20 - Protection of personal data
20.1 Collection of personal data
The personal data collected on the website www.shoesissime.com (or "Platform") are the following:
Account opening / Login: When creating the user's account, the user's name, first name, email address, connection data, use, location.
Profile: The use of the services provided on the Platform enables a profile to be filled in, which may include an address and telephone number.
Payment : Within the framework of payment for products and services offered on the Platform, the Platform records the user's transaction history. In the context of payments by credit card, the publisher of the present site has no access to any data relating to the user's means of payment. The payment is made directly in the hands of the banking establishment.
Communication: When the Platform is used to communicate with our after-sales service, the data concerning the user's communications are subject to temporary
storage Cookies : Cookies are used, within the framework of the use of the site. The user has the possibility to deactivate cookies from the settings of his browser.
20.2 Use of personal
data The personal data collected from users is used to provide the Platform's services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the Platform by the user;
- management of the operation and optimisation of the Platform;
- organisation of the conditions of use of the Payment and Delivery Services;
- verification, identification and authentication of the data transmitted by the user;
- implementation of user assistance;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences (newsletter).
20.3 Sharing of personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the User uses payment services, for the implementation of these services, Shoesissime is in contact with third party banking and financial companies with which it has entered into contracts (Société Générale and Paypal);
- when Shoesissime uses the services of service providers to provide delivery of the order (La Poste) and advertising (e-mailing...). These service providers have limited access to the user's data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of applicable regulations on the protection of personal data;
- if required by law, Shoesissime may carry out the transmission of data in order to follow up claims made against the Platform and to comply with administrative and legal procedures;
- if Shoesissime is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to dispose of or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
20.4 Security and confidentiality
Shoesissime implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.
However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.
20.5 Implementation of users
' rights In application of the regulations applicable to personal data, users have the following rights:
- they may update or delete data concerning them by logging into their account and configuring the parameters of this account;
- they may delete their account by writing to the following e-mail address: firstname.lastname@example.org. It should be noted that information shared with other users, such as publications on social networks, may remain visible to the public on the Platform, even after deletion of their account;
- they may exercise their right of access, to know their personal data by writing to the following e-mail address: email@example.com. In this case, before implementing this right, the Platform may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by Shoesissime is inaccurate, they may request that the information be updated by writing to the following email address: firstname.lastname@example.org;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: email@example.com.
20.6 Changes to this clause
Shoesissime reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, the Platform undertakes to publish the new version on its website. Shoesissime will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the possibility of deleting their account.
Article 21 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 22 - Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 23 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 24 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 25 - Mediation
The buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sector-based mediation bodies, or to any alternative method of dispute settlement (e.g. conciliation) in the event of a dispute.
Article 26 - Applicable law
The present general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. The same applies to the substantive rules as to the rules of form. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.
ANNEX - Provisions relating to legal guarantees
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.
The goods are in conformity with the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
The seller shall be bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.
The action resulting from redhibitory defects shall be instituted by the buyer within a period of two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action shall be instituted, under penalty of foreclosure, within a period of one year following the date on which the seller may be discharged from the apparent defects or lack of conformity.