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These General Conditions of Sale define the terms of online sales concluded between SOKO and any consumer making a purchase via the Site.
They are written in French in their original version, which alone is authentic and prevails over any other version.
These General Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Site at any time and they are systematically submitted to the Customer before any order and when the order is registered.
When opening a Customer Account, clicking on the “I accept the general conditions of sale” button indicates the Customer’s consent to the application of these general conditions of sale.
The Customer declares to have read the following provisions before placing an order for the Products.
Consequently, placing an order implies the Customer's full and unreserved acceptance of these General Conditions of Sale.
A printed version of the General Conditions of Sale as well as any information sent electronically will be admitted in any legal procedure concerning the application of these General Conditions of Sale in the same manner and under the same conditions as any other written document and kept in paper format.
The fact of not exercising, at any time, a prerogative recognized by these General Conditions of Sale, or of not requiring the application of any stipulation of the agreement resulting from said Conditions cannot in any case be interpreted , neither as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to demand the scrupulous execution of the commitments entered into herein.
In the event that any of the terms of the General Conditions of Sale are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Taking into account possible developments on the Site, SOKO reserves the right to adapt or modify these General Conditions of Sale at any time. Consequently, SOKO invites the Customer to consult the General Conditions of Sale before any new order. The General Conditions of Sale then in force will be applicable to all orders placed from their date of posting online.
The Customer declares to be legally capable of entering into this Contract, the General Conditions of Sale of which are presented below, i.e. to be of legal age and not to be under guardianship or curatorship.
The essential characteristics of the Products are described for each Product in the online catalog. They were presented to the Customer prior to the order, as part of the pre-contractual information communicated to him.
In order to place an order online on the Site, it is necessary to create a Customer Account.
To create their account, the Customer will be asked to indicate their last name, first name, age, telephone number and email address.
After creating their Customer Account, a confirmation email summarizing the information provided is sent to the Customer to the address they have previously provided.
The Customer undertakes to provide SOKO with accurate, up-to-date and complete data and to preserve its accuracy. The Customer undertakes not to create an account under a false identity. It is up to the Customer to update the data concerning him.
The connection identifier is the Customer's email address. Access to the Customer Account is protected by a personal and confidential password. The Client undertakes to keep it secret and not to communicate it to third parties for any reason whatsoever. The Customer is responsible for his password. If he realizes that his account is being used fraudulently, the Customer undertakes to report it immediately to SOKO.
The Customer places his order from the SOKO online catalog accessible on the Site.
All orders are made only via the Site.
It is specified that ANY ORDER MADE ON THE SITE IS AN ORDER WITH PAYMENT OBLIGATION.
Any order constitutes acceptance of the description of the Products and the prices in effect on the day of the order.
To place an order online on the Site, the customer must:
Once his order has been completed, the Customer has the possibility of checking the products ordered, the total price of his order and the conditions of his order. He chooses his payment method. He may, if necessary, modify this order or reconsider his order before definitively validating it.
The order will only be definitively recorded at the last validation of the order summary screen. This action is assimilated to the handwritten signature referred to in article 1367 of the civil code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French civil code . As of this action:
The Customer has the option of printing the order form corresponding to his order.
As soon as the Customer registers his order, a detailed acknowledgment of receipt thereof is sent to his email address which he has previously entered. This acknowledgment of receipt specifies the exact amount invoiced, the indication of the products ordered and their quantity, the terms of delivery of the order and refers to these General Conditions of Sale. This acknowledgment of receipt constitutes acceptance of the order by SOKO and will validate the transaction.
The Customer accepts that the order recording systems constitute proof of the purchase and its date. By keeping this e-mail and/or printing it, the Customer has proof of his order which SOKO recommends that he keep.
This e-mail confirms that the Customer's order has been taken into account by SOKO and not that the Product ordered is available.
SOKO undertakes to honor online orders only while stocks last.
In the absence of availability, SOKO undertakes to inform the Customer as quickly as possible by email or telephone. The Customer has the option, in the event of unavailability of the Product ordered, to either cancel or modify his order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days from receipt of their cancellation request.
ORDERS ON THE SITE ARE ORDERS WITH PAYMENT OBLIGATION. The prices of the Products are indicated in euros, all taxes included. They take into account the VAT in force for Reunion on the day of the order.
The prices announced do not take into account shipping costs which are in principle the responsibility of the Customer, in accordance with the provisions of article 9 below.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Access to the Site is via the Internet.
The costs of access to the Internet network by means of a remote communication service are the responsibility of the Customer.
Shipping/return costs are the exclusive responsibility of the Customer, except in the limited case provided for in article 12 hereof, linked to non-conformity or a defect/defect of the Product. They include order processing and packaging.
Initial delivery costs are not covered by SOKO.
Payment for the order is due in cash on the day of the order. The actual making of funds available to SOKO constitutes a payment within the meaning of this article.
Invoices are payable in euros at SOKO headquarters.
Payment is made online when ordering:
In order to optimize the security of transactions on the Internet, the Site uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted, in the as part of an online payment.
Our online payment system automatically checks the validity of access rights when paying by credit card and encrypts all exchanges to guarantee confidentiality.
To benefit from the SSL secure payment method, the Customer must use browsers compatible with the SSL system.
In all these cases, the order will be processed upon receipt of payment and subject to collection.
If the bank refuses, the order will be automatically canceled. SOKO reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order.
Delivery is made to Reunion Island, mainland France, the European Union and internationally via:
Delivery via COLISSIMO is made with signature. Packages will typically be delivered Monday through Friday, with some weekend exceptions. If you are absent when the postman comes, he will leave a calling card in your mailbox so that you can collect your package at your post office.
Customs fees are the responsibility of the customer, in full: customs fees and additional customs clearance costs (processing fees, local taxes).
Soko.re cannot, under any circumstances, assume responsibility for its costs. The carrier, approved by the DGDDI (General Directorate of Customs and Indirect Duties) as a customs broker, is entitled to request payment of these costs in agreement with the country of delivery which delegates its authority to it.
In the event that the customer validates his order and payment for it, he accepts possible customs and processing fees provided for in certain countries. This tacit agreement cannot be broken, also in the event of a refusal of delivery on the part of the customer, he will always remain liable for customs fees, and will be deducted from these in the reimbursement of his order.
The package number will be indicated by e-mail to the Customer, to allow him to be informed of the tracking of his delivery.
Shipping costs will be invoiced at the rate in effect on the day of the order.
The Customer takes note of the delivery terms before final validation of his order.
For all orders outside the areas announced in these General Conditions of Sale, contact SOKO by email at contact@soko.re or by telephone at +262 692 64 64 76.
Delivery times are indicated on the Site when ordering. They vary depending on the delivery method chosen. They begin to run from receipt of payment by SOKO.
If several items ordered at the same time have a different delivery date, the delivery deadline will be the one that is later. However, in this case, SOKO reserves the right to deliver the order in several installments.
Although they are indicative, SOKO will make its best efforts to respect the delivery times mentioned when ordering.
In the event of cancellation of the sale, SOKO will reimburse the Customer within 14 days from the date of cancellation. Failure to meet delivery times cannot give rise to the payment of any compensation.
The Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately notify the delivery person of the reservations he intends to express regarding the condition of the Product delivered so that they are mentioned on the transport document: damaged packaging, damage suffered, compliance with the order, etc.
Any complaint about apparent defects or non-compliance of the Product delivered with the information given during the presentation of the Product on the Site, as well as any damage linked to transport, must be confirmed by the Customer to SOKO within 48 hours following receipt of the Product either by registered letter with acknowledgment of receipt to the following address: 55, chemin des Tourterelles 97436 SAINT-LEU RÉUNION, or by email to the following address: contact@soko.re.
The Customer must provide all justification as to the reality of the non-conformities, damages or defects noted. In the absence of a complaint made within the aforementioned period and conditions, the Products delivered will be deemed accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from SOKO, specifying the address and terms of return of the Product. Once the return authorization has been obtained, the Customer reships the Products to SOKO at the address specified on the return authorization according to the terms indicated.
Any Product reshipped without SOKO's agreement will be refused and returned to the sender at the latter's expense and risk. To be validly returned to SOKO and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation. They must not have been worn.
In the event that the Customer returns the Product for a proven lack of conformity and confirmed by SOKO, the Customer must use the same delivery method for the return of the Products as that chosen for the shipment of the Products ordered. In this context, the return costs will be covered by SOKO by means of a return voucher or, failing that, by reimbursing the Customer for the actual amount of said costs (proof of shipping costs must be attached to the package; in the event of absence, no reimbursement may be required by the Customer).
Guarantee of conformity and legal guarantee against hidden defects
The Customer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code ).
Article L. 217-4 of the Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The property complies with the contract:
1º If it is suitable 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 presented to the buyer in the form of a sample or model; 9
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2º Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the civil code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648 first paragraph of the civil code:
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
SOKO strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision or completeness of the information appearing on the Site. Consequently, it declines all responsibility for imprecisions, inaccuracies or omissions relating to the information available, as well as any liability relating to damage resulting from fraudulent intrusion by a third party resulting in a modification of the information contained on the Site.
The hypertext links set up within the framework of this Website to other resources present on the Internet network cannot engage the responsibility of SOKO. Indeed, SOKO has no means of controlling the Sites in connection with its Site, of which the Customer is expressly informed hereunder. Consequently, the risks linked to this use fall entirely on the Internet user, who must comply with the conditions of use specific to each Site.
Likewise, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, SOKO cannot be held liable in the event of an error in one of these photographs or one of these texts.
SOKO undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
Use and navigation on the Site are the responsibility of the Customer. SOKO declines all responsibility and cannot be held responsible for any damage or viruses which could affect computer equipment or any other material when accessing the Site, using the Site or browsing the Site, downloading any content, data, text, images or files from the Site.
SOKO declines all responsibility and cannot be held responsible for any damage caused to the Customer or a third party due to use of the Product not in accordance with its intended purpose.
In accordance with article L. 221-18 of the Consumer Code , the consumer who concludes a contract via a means of remote communication has a withdrawal period of fourteen (14) days from the date of date of receipt of the Product to return to your order.
It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is spread over a defined period, the deadline runs from receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
To exercise his right of withdrawal, the Customer has fourteen (14) days to inform SOKO of his intention to withdraw by completing and sending the withdrawal form , expressing his desire to withdraw.
When the right of withdrawal is transmitted electronically online from the Site, SOKO will immediately send the Customer an acknowledgment of receipt of the withdrawal.
Subsequently, the Customer sends the Products within fourteen (14) days from sending the withdrawal form, accompanied by a copy of the invoice. The costs and risks of return and return are the sole responsibility of the Customer. The Products are returned to SOKO at the following address: 55, chemin des Tourterelles 97436 SAINT-LEU RÉUNION.
The Customer is informed that the costs of returning the Products in the event of withdrawal are their sole responsibility. The cost of returning the Product is the initial delivery cost under the standard delivery method offered by SOKO when ordering.
SOKO undertakes to reimburse the Customer the price of their order within 14 days of receipt of the Products or at least proof of shipment of the Products (first of the two dates).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer's liability may be incurred in the event of damage to the Product by the Customer.
The Customer does not have any intellectual or industrial property rights over the Products, packaging, and SOKO remains the exclusive owner of all these rights.
Any use in any manner whatsoever by the Customer of the SOKO brand or any other brand belonging to SOKO or its suppliers and manufacturers is strictly prohibited, unless agreed by SOKO.
The content and structure of the Site are reserved under copyright, as well as intellectual property, for the entire world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the Intellectual Property Code is authorized.
Any reproduction or representation, total or partial, of any content present on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes an infringement which may result in civil and criminal liability for the infringer.
None of the provisions of these General Conditions of Sale may be interpreted as conferring on the Customer a license to any intellectual property right.
SOKO disclaims liability for any failure to fulfill its contractual obligations in the event of force majeure or fortuitous circumstances, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and 'generally speaking any event that does not allow the proper execution of orders.
These General Conditions are subject to French domestic law, excluding any international convention.
In the event of a dispute relating to these General Conditions or the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent Court is that of the defendant's domicile or that of the actual delivery of the Product.
If you are a “consumer” within the meaning of the preliminary article of the Consumer Code, you must first send us your complaint directly via the Site contact form by selecting the subject “Complaint”.
If this attempt fails, you may resort to a conventional mediation procedure or any other alternative method of dispute resolution and in particular by having recourse, free of charge, within one year from your complaint, to the consumer mediator. competent according to the provisions of Title 5 of Book I of the Consumer Code:
Mediator of the Professional Federation of e-commerce and distance selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
In order to resolve your dispute, you will be able to access the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of May 21, 2013 relating to the online settlement of consumer disputes, particularly cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/ .
If this mediation fails, or if you do not wish to resort to it, you remain free to submit your dispute to the competent courts.