These Terms and Conditions of Sale define the conditions applicable to any use of the Website and the sales entered into between the persons making a purchase via the Website (hereinafter referred to as “You” or the “Customer”), and ELSA SCHIAPARELLI (hereinafter referred to as “We”, “Us” or “ELSA SCHIAPARELLI”).

The date of applicability of these Terms and Conditions of Sale is set out in the header hereto.

Any use of the Website and sale of products is thus subject to acceptance of and respect for these Terms and Conditions of Sale. At the time of completion of your purchase, you will be asked to accept these Terms and Conditions of Sale in force. If you do not accept them, you will be unable to finalise your order.

Our Terms and Conditions of Sale are subject to change. It is therefore your responsibility to read the Terms and Conditions of Sale in force at the time of each order prior to accepting them.

If you wish to view the prior versions of our Terms and Conditions of Sale, please send your request by email to customerservice@schiaparelli.com, specifying the date or version of the Terms and Conditions of Sale you wish to view.

The products offered on the Website are exclusively intended to be sold to end consumers, private individuals or corporate entities, to the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer declares that he is acting as end consumer and does not intend to resell the products purchased on the Website for commercial purposes.

To be able to make a purchase on the Website, you must fulfil the following conditions:
(i)      Have reached the legal age of majority in your country;
(ii)      Have legal capacity to contract;
(iii)      Request delivery on one of the territories we cover, as listed hereunder in the article “Delivery”.

In making your purchase, you declare and confirm that you are acting as consumer, on a non-commercial basis, are an adult and have full legal capacity enabling you to contract with us.

ELSA SCHIAPARELLI reserves the right to refuse any clearly disproportionate order, the quantities of which appear abnormal for a consumer or appear to characterise a professional order made for commercial purposes

To make a purchase on the Website, you will be asked to create a customer account.

The account creation form comprises mandatory fields and optional fields, which will be indicated as such. To create your account, you will have to complete all mandatory fields.

You must only provide complete, accurate and current information, and where applicable must later amend any information that may have become obsolete or erroneous through your account or by contacting us.

Your creation of account will be confirmed to you by an email sent to the email address you have entered.

The account, password, and any other information enabling access to the account are strictly confidential and you must not communicate them to third parties.

You are solely responsible for the use made of your account by any third party in the event where you have communicated your access information, or in the case of carelessness or negligence on your part.

Creation of your account makes it possible to:
- track your deliveries and view the history of your orders;
- return or exchange Products;
- add or amend your delivery and billing addresses for your next orders;
- manage your newsletter subscription and your consents.

You can deactivate your account at any time by sending an email to Customer Services by clicking on the “Contact us” link. After your account is deactivated, you will be free to create a new account at any time.

ELSA SCHIAPARELLI reserves the right to delete any account not respecting these Terms and Conditions.

The photographs accompanying the products on our Website are given for illustrative purposes, and only the description of the product is legally binding.

In particular, we draw your attention to the fact that the images shown on the Website and the colours composing them depend on the screen and computer systems used. The colour shades may therefore vary.

If you have any questions regarding the products, you can of course contact Customer Services.

The products are offered for sale on the Website within the limit of available stocks, with the availability being assessed at the time of submitting your order.

If, despite the indications on the Website, one or more products ordered proves to be unavailable, ELSA SCHIAPARELLI will inform you promptly thereof, and will cancel the order for the said unavailable products.

Items are billed at the rate in force at the time of confirmation of the order on the Website by the Customer.

Unless indicated otherwise, all prices mentioned on the Website are given in euros, inclusive of VAT, to the exclusion of any other tax that may apply and excluding delivery costs.

These taxes and delivery costs may change according to the content of your order and your chosen place of delivery.

The amount of the delivery costs will be specified during the ordering process and before its confirmation.

It is your responsibility to verify the prices displayed before confirming your order.

ELSA SCHIAPARELLI delivers its products on the territories set out in the Annex at the end of this document.

No delivery will be made to a PO box, with the exception of deliveries to the United Arab Emirates.

ELSA SCHIAPARELLI will send the products ordered to you promptly and, unless stipulated otherwise at the time of purchase, no later than thirty (30) days from the date of order.

Several delivery methods are available to you:

Delivery within 2 hours within central Paris only
Standard within 2 to 10 working days, depending on destination
Express within 2 to 5 working days, depending on destination


If you have ordered several products, no partial delivery will be made, unless stipulated otherwise, and all products ordered will be sent to you at the same time in a single shipment.

At the time of receipt of your order, you must check the condition of the parcel and the conformity of the content in the presence of the carrier, so as to make any reserve concerning obvious defects (parcel damaged or open, item missing or defective, etc.).

Furthermore, any anomaly concerning the items (damage, missing item in relation to order, parcel damaged or open, item broken, defective, etc.) must imperatively be reported to ELSA SCHIAPARELLI within one day of receipt.

In compliance with the provisions of Article L. 216-4 of the French Consumer Code, any risk of loss or damage to the products is transferred to you at the time you or a third party you have designated, and other than the carrier we proposed, physically take possession of the products.

You must have a customer account in order to make an order. If you do not have an account, please refer to Article 3 of these Terms and Conditions of Sale: “Creation of customer account”.

The purchase process takes place in several steps:
 

• • Selection of products
  
  You can add products to your selection at any time by clicking “Add to basket”, and choose to checkout or continue browsing. You can view your selection by clicking on “Basket” at the top right of each page. The following will appear in the basket: photos of the product(s), their colours and references selected, the quantities chosen, their unit price(s) including VAT, the estimated delivery costs, and the sub-total of the selection. You can also choose the country of delivery and your preferred method of delivery, which will calculate the amount of the delivery costs, and consequently the total amount you will pay. The zone and delivery costs may however be changed later if you wish. The total amount will then be updated according to your choices.
   
• • Finalisation of the order
  
  After having selected the product for the first time, click on “Checkout” to start the ordering process. You must verify that your selection is correct before confirming your order. While every effort is made to ensure that the colour and motif of the Products in the photographs displayed on the Website are true to the original Products, changes may occur, notably owing to the technical limitations of rendering of the colours on your computer equipment.
   
• • Confirmation of delivery address
  
  You must confirm your delivery address and complete the information if necessary, or add a new delivery address. To confirm the delivery address entered, click on “Continue” to go to the step of selecting the delivery method.
   
• • Confirmation of the delivery method
  
  You must select a predefined delivery method. When confirming the delivery method, you will have the option of including a gift message, if the order is to be a gift. By clicking on “Gift message”, you can request a gift receipt, not showing the price, which will be included within the parcel. Once this step is completed, click on “Continue” to go to the next step.
   
• • Confirmation of payment method and payment of the order
  
  You can use your delivery address as billing address, or enter another by clicking on “Use another billing address”. You will then be asked to select a payment method and enter the related information. At the end of the ordering process described above, and after having read and accepted these Terms and Conditions of Sale in their entirety, click on the “Place my order” button.
  
  The contract of sale will then be definitively formed.
   
• • Confirmation of order
  
  An order confirmation message will be displayed on the Website, and a summary of your order will then be sent to you by email. The receipt will show the total amount of the order, information regarding cost and timeframe for delivery, the essential characteristics, and the quantity and price of the products purchased.
  
  We recommend that you keep a hard copy or electronic copy of this receipt. You can track your order in your customer account.
  
  ELSA SCHIAPARELLI reserves ownership of the products until it has received the price of the order.
  
  ELSA SCHIAPARELLI reserves the right to cancel or refuse any order from a Customer, subject to the existence of a legitimate reason within the meaning of Article L. 121-11 of the French Consumer Code.
  
  In particular, ELSA SCHIAPARELLI reserves the right to refuse or cancel any order it deems to be fraudulent, or submitted by a Customer not having honoured a previous order.
   

You can pay for your purchases on the Website using one of the following methods:
- Payment by bank card: Visa, Mastercard, American Express, CUP;


For the security of its Customers and the transactions made on the Website, ELSA SCHIAPARELLI reserves the right to verify the data communicated by the Customer in order to ensure it is the holder of the bank account to be debited.

This verification may take the form of a request for proof of identity and/or address and/or banking documents (RIB or cancelled cheque).

Absence of response from the Customer to a request of this type within the timeframe given by ELSA SCHIAPARELLI will entail cancellation of the order in question, without any possibility of later claim.

ELSA SCHIAPARELLI also reserves the right to cancel any order that presents one or more risk factors for fraudulent use of bank card.

You have the right to cancel without giving a reason within fourteen (14) days of receipt of your order, with the delivery date mentioned by the post office or carrier evidencing this.

If the order relates to several items and these items are delivered separately, the right of cancellation expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the last product.

To exercise your right of cancellation, you must notify your cancellation decision by means of an unambiguous declaration stating your wish to cancel sent to ELSA SCHIAPARELLI (for instance by email: customerservice@schiaparelli.com or by logging to your account).

You can also use the template form attached, although this is not mandatory.

For the cancellation period to be respected, you simply need to send your communication relative to the exercise of the right of cancellation before expiry of the cancellation period.

If your order comprises several items and you only wish to return some of them, you must mention the items you wish to return and for which you wish to be refunded.

The item(s) must be returned new, unused, and in their original packaging, perfectly intact, to the address communicated to you by ELSA SCHIAPARELLI.

You must return the items or give them to ELSA SCHAPARELLI without excessive delay, and in any event no later than fourteen (14) days after your notification of implementation of your right of cancellation.

This period is deemed respected if you return the items in question before expiry of the period of fourteen (14) days.

By logging to your account you may request from Customer services to send you a prepaid label to affix to the parcel to be returned.

The costs of return shall then be paid by ELSA SCHIAPARELLI.

If you use another method of return, the costs will then be your responsibility.

You will be refunded for the sums paid for the items in question without excessive delay, and no later than fourteen (14) days from the day on which ELSA SCHIAPARELLI is informed of your decision to cancel.

The refund may however be postponed until ELSA SCHIAPARELLI has received the items in question, or until you have provided evidence of shipping of the said items, with the date upheld being that of the first of these facts.

ELSA SCHIAPARELLI will refund you through the same payment method as that used for the initial transaction.

You will only be held liable for damage to the product resulting from handling other than that necessary to establish the nature, characteristics and good working order of this product.

For health and safety reasons, ELSA SCHIAPARELLI cannot accept the return of sealed products which have been unsealed by the Customer.

You benefit from the legal conformity guarantee, and the guarantee of hidden defects, for each of your purchases on the Website.

Legal conformity guarantee (Article L. 217-4 of the French Consumer Code)

In compliance with the provisions of Articles L. 217-4 et seq. of the French Consumer Code, ELSA SCHIAPARELLI is bound to deliver an item in compliance with the contract and to answer for defects of conformity existing upon delivery.

ELSA SCHIAPARELLI will also answer for defects of conformity resulting from the packaging, assembly instructions or installation when this is under its responsibility under the contract or has been carried out under its responsibility.

You:

• -   benefit from a period of two years from delivery of the item to act;
  
  
• -   can choose between repair or replacement of the item, subject to the conditions of cost set out in Article L. 211-9 of the French Consumer Code;
  
  
• -   are exempted from providing evidence of the existence of the defect of conformity of the item for twenty four months following delivery of the item.
  
  

The legal conformity guarantee applies independently of any commercial guarantee granted. You can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this situation, you can choose between termination of the sale or a reduction of the selling price, in compliance with Article 1644 of the French Civil Code.

For your full information, you will find below the reproduction of Articles L. 217-4 to L. 217-14 relative to the legal conformity guarantee.

Article L. 217-4
The seller shall deliver an item in conformity with the contract and answer for defects of conformity existing upon delivery.
It shall also answer for defects of conformity resulting from the packaging, assembly instructions or installation when this is under its responsibility under the contract or has been carried out under its responsibility.

Article L. 217-5 The item complies with the contract:
1. If it is fit for the purpose usually expected of a similar item, and where applicable:
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of sample or model;
- if it presents the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer or its representative, notably in the advertising or labelling;
2. Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special usage sought by the buyer, notified to the seller and which the seller accepted.

Article L. 217-6
The seller is not bound by the public declarations of the producer or its representative if it is established that it did not know them and was legitimately unable to know them.

Article L. 217-7
Defects of conformity appearing within a period of twenty four months from delivery of the item are presumed to have existed at the time of delivery, unless evidenced otherwise.
For second hand goods, this period is fixed at six months.
The seller may oppose this presumption if it is not compatible with the nature of the item or the defect of conformity invoked.

Article L. 217-8
The buyer is entitled to demand conformity of the item with the contract. He may not however contest the conformity by invoking a defect of which he knew or could not have been unaware when he contracted. The same applies when the defect originates in materials he supplied himself.

Article L. 217-9
In case of defect of conformity, the buyer shall choose between repair and replacement of the item. However, the seller may not accept the buyer’s choice if this choice entails a cost manifestly disproportionate to the other method, considering the value of the item or the size of the defect. It is then bound to use the method not chosen by the buyer, unless impossible.

Article L. 217-10
If repair and replacement of the item are both impossible, the buyer may return the item and be refunded the price, or keep the item and be refunded part of the price.
The same option is open to him:
1. If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint;
2. Or if this solution cannot be offered without major drawback for him, considering the nature of the item and the usage he is seeking.
Termination of the sale cannot however be pronounced if the defect of conformity is minor.

Article L. 217-11
The provisions of Articles L. 217-9 and L. 217-10 shall be applied without any cost for the buyer. These same provisions do not prevent the allocation of damages.

Article L. 217-12
Action resulting from the defect of conformity is time barred by two years from the date of delivery of the item.

Article L. 217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as result from Articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extracontractual nature recognised to him by the law.

Article L. 217-14
Action for contribution may be exercised by the final seller against successive sellers or intermediaries and the producer of the movable item, in accordance with the principles of the French Civil Code.

Guarantee of hidden defects (Article 1641 of the French Civil Code)

ELSA SCHIAPARELLI is bound to the guarantee of hidden defects of the item sold which make it unfit for the purpose for which it is intended, or which reduce this usage such that you would not have purchased it, or would only have done so for a lower price, had you known of it.

The legal guarantee covers all costs incurred owing to the hidden defects.

We are not bound for obvious defects that you could have seen for yourself.

The defect must have been prior to the sale and make the products unfit for the purpose for which they were intended.

In the event of a hidden defect, you have the option of:
-  returning the product and receiving a refund of the price;
-  keeping the product and receiving a partial refund of the price.


The timeframe to act is 2 years from discovery of the defect.

Within the framework of this order, we will need to process your personal data.

Please refer to our Personal data protection policy in this respect, where you will find all necessary information relating to the purposes of the processing, the conditions of personal data collection and the recipients of your personal data.

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These Terms and Conditions of Sale are exclusively governed by French law (both on the form and on the merits), to the exclusion of the provisions of the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods.

If you have any difficulty, please contact Customer Services by email: customerservice@schiaparelli.com

In the absence of amicable resolution, you have the option to seek mediation through a third party if you wish. Please contact us if necessary.