Legal notices and general conditions of sale

- Paid returns (price varies by country and product, between €5 and €12). Free exchange and credit note within 14 days.

The Seller will reimburse the Customer upon receipt of the returned Products the full amount paid for their order or pre-order, after deduction of any return costs, which remain the responsibility of the Customer.

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The website www.soubacq.com is published by Soubacq SAS, with registered office at 44 rue Ramey, Paris, SIREN 901153965 , with registered office at 44 RUE RAMEY, 75018 PARIS. The publication director is Louise Drouhet.
The site is hosted by the company OVH.

For any complaints or correspondence, please refer to the “contact” section of this site and complete the appropriate form.
Soubacq records the information provided by our customers to process their support request.
This information is necessary for our company to process your request.
They are recorded in our customer file. In accordance with articles 39 and following of law n° 78-17 of January 6, 1978 amended in 2004 relating to information technology, files and freedoms, any person may obtain communication and, where appropriate, rectification or deletion of information concerning them, by contacting Soubacq customer service hello@soubacq.com .

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These general terms and conditions of online sale (the " General Terms and Conditions ") apply to sales by the company Soubacq (the " Seller ") via the website soubacq.com (the " Website ") to any natural person (the " Customer ") of any product offered on the Site (the " Products ") and purchased on the Site (the " Sale ").

The Seller and the Customer are collectively referred to as the parties (the " Parties "), and individually referred to as a party (a " Party ").

The Customer must read and understand these General Terms and Conditions before proceeding with the Sale. If the Buyer does not understand or does not wish to accept a clause, he or she must discuss it with a representative of the Seller.

These General Terms and Conditions define the rights and obligations of the Customer and the Seller. They apply automatically and without restriction to the sale of any Product by the Seller to the Customer and are deemed to have been accepted without reservation by the Customer by checking the box "I have read and accept the general terms and conditions of sale" when confirming the order or pre-order. Any confirmation of the Customer's order or pre-order constitutes acceptance of the General Terms and Conditions, without exception.

The Seller reserves the right to modify these General Conditions at any time. They will then be applicable as soon as they are posted online on the Website.

I. SALE OF PRODUCTS

The Seller agrees to sell the Products to the Customer, and the Customer agrees to purchase the Products from the Seller, subject to the terms and conditions set out in these General Conditions.

The Products are offered for sale in mainland France.

2. PRICE

The purchase price of each Product is indicated in euros including tax, excluding shipping costs (the “Purchase Price”).

The delivery price is the price payable for the delivery of each Sale (the “Delivery Price”).

The total amount of the Sale is the final price in euros, including all taxes and delivery costs (the "Total Price"). It is indicated during validation of the Order or Pre-order and in the Confirmation Email (as defined below).

3. ORDER AND PRE-ORDER

The order or pre-order is placed with the Seller by the Customer when selecting one or more Products which, in accordance with the selection, the Customer places in his "basket" (the " Order " or " Pre-order ").

Part of the Website operates on a pre-order system. By placing a Pre-Order, the Customer acknowledges that if the pre-order target, defined by a number of pre-orders that must be validated in order for production to be launched (mentioned on the pre-order product sheet), is not reached at the end of the pre-order deadline, the Customer will be reimbursed for the entire purchase, and production of the pre-ordered item will not be launched. If the Customer wishes to be reimbursed for an order placed as a pre-order or in stock and requests it, the reimbursement procedure will be initiated immediately upon receipt of the returned item. Any order or pre-order (hereinafter the “Orders” or “Pre-Orders”) for Products appearing on the Website requires prior consultation of these general terms and conditions (the “GTC”) and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed that his agreement regarding the content of these General Terms and Conditions does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site's store. The Customer declares that he has the capacity to enter into this contract, i.e. to be of legal age, eighteen (18) years old, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these General Terms and Conditions.

The Customer can access the summary of their basket at any time as long as the Order or Pre-order has not been definitively validated and can correct any errors in the elements entered.

The Order or Pre-Order is only validated after the Customer has provided the information necessary for the proper execution of the Sale and paid the Total Price. This information may include: Customer name, billing address, email address, telephone number, delivery address and recipient's telephone number.

In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.

If the minimum objective of a Pre-order campaign is not reached, the Seller contacts the Customer at the end of the campaign to announce its decision to refund or produce.

In this case, the Seller must reimburse the Customer within fourteen (14) days of cancellation of the Pre-order.

The Seller is not responsible for any inaccuracies in the order placed by the Customer.

The Customer guarantees the accuracy of all this information. If all or part of the delivery addresses prove to be incorrect, thus requiring the Seller to return the orders to its warehouse, the Customer will bear the consequences and the Seller will be entitled to charge the administrative and transport costs associated with the return of the Products.

By validating the Order or Pre-order, the Customer expressly accepts these General Conditions of Sale, by checking the box "I have read and accept the general conditions of sale".

4. VALIDATION OF THE SALE

The Sale is made after payment of the Total Price validating the Order.

The Sale will be systematically confirmed by email (the " Confirmation Email ") to the address indicated by the Customer when placing the Order. This Confirmation Email will include in particular an invoice in the Customer's name, summarizing the identifying characteristics of the Sale.

The Customer must ensure that the information contained in the Confirmation Email is complete and accurate and immediately inform the Seller of any errors.

The Seller reserves the right to refuse a Sale from a Customer with whom there is a dispute relating to the execution or payment of a previous Sale or when the Customer has not complied with these General Conditions.

5. PAYMENT

Online payment for the Customer's Order or Pre-Order is made by credit card. The Customer then makes the online payment for their order by providing their bank details (card numbers and expiry date) and making a final click.

If the bank in question refuses the payment, the order is automatically cancelled.

Any Order or Pre-order confirmed by the Customer implies irrevocable acceptance of the Sale which can only be challenged in the cases exhaustively provided for in Article 8 (Right of termination).

The Products will be shipped once the Seller has received payment for the Order or when the pre-ordered Products have been manufactured.

6. PRODUCT AVAILABILITY

The Products are offered for purchase subject to availability.

The Pre-order offers presented by the Seller are only valid within the time limit indicated and the quantity offered for Pre-order.

In the event of a stock shortage after a Sale, the Seller will inform the Customer by email of the additional delay linked to new production, partial delivery or cancellation of the Sale.

Upon receipt of this information, the Customer may be reimbursed for the price of the unavailable Product ordered within thirty (30) days following their complaint.

In the event of a stock shortage, the Seller cannot be held responsible for the physical impossibility of honoring the Sale.

Products marked "sold out" can no longer be purchased.

7. DELIVERY

The Products are shipped once the Seller has received the total Price of the Products or when the pre-ordered Products have been manufactured.

The Products are delivered to the delivery address indicated when confirming the Order or Pre-order.

The delivery time depends on the stock status, the date of shipment of the Products and the delivery time induced by the delivery method and the destination.

The Customer acknowledges that, in the event of a Pre-Order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the Order or Pre-Order confirmation email. The delivery time depends on the time required and the production volume of all pre-ordered products.

The Seller cannot be held responsible for the consequences of a delay in delivery which is not its fault or which is due to an act of force majeure.

Delivery costs may vary depending on the destination and must be fully covered by the Customer.

For all Products shipped outside the European Union, the Customer will be considered the importer of the Products, and customs duties or other local taxes or import duties or state taxes may be due. These costs and expenses will be borne by the Customer and are their sole responsibility both in terms of declarations and payments to the competent authorities and bodies of their country.

The Seller is not liable for any loss or damage suffered by the Customer as a result of an unavoidable delay in the delivery of an order or pre-order. The Seller is not liable for any damage caused to an order or pre-order after delivery has been made.

8. RIGHT OF TERMINATION

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the Products to exercise their right of withdrawal from the Sale (excluding personalization).

This right does not apply to Orders or Pre-orders placed by companies but only to consumers as defined by French law.

To exercise his right of withdrawal, the Customer must inform the Seller within 14 (fourteen) days of receipt of the Products, by email to hello@soubacq.com using the withdrawal form attached to these General Conditions, duly completed, or by a declaration clearly expressing his intention to withdraw and including the identification of the Products concerned.

Returned Products must be shipped no later than 14 (fourteen) days after the Customer has given notice of his intention to withdraw. The Product must be returned in its original packaging, intact, with the labels still attached to the merchandise. Products returned without their original packaging or incomplete, damaged, damaged, soiled, repaired, modified by the Customer, or personalized will not be accepted and will not be refunded.

The Seller will reimburse the Customer upon receipt of the returned Products the full amount paid for their order or pre-order, after deduction of any return costs, which remain the responsibility of the Customer.

9. RISK AND TITLE

The Products remain the property of the Seller until full payment of the Total Price.

At the time of transfer of ownership, which takes place at the time of delivery of the Products provided that payment is in full, responsibility for the Product is transferred to the Customer.

The Customer will then hold absolute ownership, which is transferable without the need to obtain the Seller's consent.

The risk of loss or damage to the Product will be transferred to the Consumer at the time of delivery of the Product.

10. INTELLECTUAL PROPERTY

The Products may contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all protected by copyright, image rights, design rights or trademark rights, the holders or owners of which are either the Seller or third parties.

To the extent possible, the Seller identifies the authors and/or holders of these intellectual property rights in the Product bibliography.

Under no circumstances can failure to mention the owner or author be considered as rendering the intellectual property rights free for exploitation. The rights to use, represent and reproduce the Products continue to be held by the Seller or by the holders of the specified rights.

Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more Intellectual Property Rights and on any medium whatsoever, partially or totally, may not be carried out without the prior written authorization of the rights holders.

11. LIABILITY AND WARRANTIES

All Products sold by the Seller have been manufactured with the greatest care. The Seller declines all liability for damages, in any form whatsoever, physical, material or immaterial, which may result from a malfunction or misuse of the items sold by the Seller and/or materials or accessories that have been removed.

In accordance with Articles L.217-7 et seq. of the Consumer Code, the Customer may benefit from the legal guarantee of conformity.

If the Products are not compliant (for example, if they do not match the description given on the website or your order), the Customer can contact the Seller's customer service by email, which will inform them of the return procedures. The product must be returned in its original packaging. It must be accompanied by a copy of the corresponding invoice. Returns of Products that do not comply with the conditions described above will not be accepted.

The Seller will then return the replacement Products to the Customer as soon as they are available. If the Seller is unable to replace the non-compliant products within thirty (30) days, it will offer the Customer the option of choosing another product for an equivalent amount or may request a full refund of the non-compliant products or retain the non-compliant products and request a partial price reduction from the Seller, which will be determined on a case-by-case basis. The Customer is exempt from providing proof of the existence of the product's lack of conformity for 24 months following delivery of the goods.

In the case of exercising the right of return and only in this case, the return and reshipping costs are borne by the seller.

This legal guarantee of conformity applies independently of any commercial guarantee that may be subscribed to. The Customer has a period of two years from the delivery of the Products to take action.

The Seller only benefits from the guarantees listed in this clause to the extent that the products were purchased directly on the Site.

The Seller strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, and reserves the right to correct the content at any time and without notice. The content of the site has been prepared with the greatest care. However, the Seller cannot exclude the possibility of errors or gaps in the information contained on this site.

The Seller declines all responsibility for the consequences of incorrect or incomplete information on the Site.

The Seller cannot be held responsible for any typographical or printing errors that may indicate an incorrect selling price. In this case, the Seller will adjust the price as soon as possible.

The actual color of the Products may differ from the colors displayed on computer monitors. The Seller cannot be held responsible for color variations due to the quality of computer monitors. The Website may contain links that provide access to other websites and information operated and maintained by third parties. The Seller cannot be held responsible for problems with access to or content on these sites.

In any event, the Seller shall not be held liable when the failure to perform its obligations is attributable either to the Customer, or to an unforeseeable and insurmountable action by a third party to the contract, or to a case of force majeure within the meaning of Article 15 (Force Majeure).

Likewise, the Seller cannot be held liable for any disruptions or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

12. CUSTOMER SERVICES

For any questions or complaints regarding the Seller's Products or sales procedures, the Customer may contact customer service by email at hello@soubacq.com. The Seller will do its best to provide a prompt response.

13. DATA PROTECTION

The Seller may create and maintain computer and paper records, collect, store, control, use and transmit personally identifiable information obtained from the Customer when purchasing the Products.

The Customer consents that this personal data may be used for promotions related to the Seller and may be provided to any third party in an activity similar to that of the Seller.

If the Customer wishes the Seller to delete his/her information from the Seller's files, he/she may request that the Seller do so to the extent permitted by law.

If the Customer wishes to have more information regarding the Seller's privacy policy, he can visit the Seller's website, where the privacy policy is available or send an email to hello@soubacq.com for any information.

14. CUSTOMER REPRESENTATIONS AND WARRANTIES

The Buyer represents and warrants that:

- it complies with all applicable laws and regulations;

- it is his responsibility to comply with the legislation applicable to him (in particular his tax or customs obligations);

- it has the capacity and power (under the laws of its home country) to enter into and perform the transaction to which it will be a party;

- all information (including his identity and address) is true and correct and undertakes to promptly inform the Seller of any changes.

15. FORCE MAJEURE

The Seller cannot be held responsible or considered to have committed a fault in the processing of the Client's file, if any delay or non-performance results from a case of force majeure (such as war, strike (internal or at one of its service providers), lockout, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blocking of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative control body, etc.)

I6. WAIVER

The Seller's failure or delay in exercising any right, power or privilege shall not impair or constitute a waiver of that right, power or privilege, or prevent the exercise of any other right, power or privilege, in whole or in part. The rights and remedies provided in these terms and conditions are cumulative and do not exclude rights and remedies provided by law.

16. SEVERABILITY

If any provision of these Terms and Conditions is prohibited by law or found by a court to be unlawful, void or unenforceable, it shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective to the extent possible without modifying the remaining provisions of these Terms and Conditions, and shall not affect any other circumstances or the validity or enforceability of these Terms and Conditions.

17. INTERPRETATION

Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions. The singular includes the plural and vice versa.

Any expression introduced by the terms "including", "include", "in particular" or any similar expression must be interpreted as an illustration and must not limit the meaning of the words preceding these terms.

References to any document or agreement shall be construed as references to the document or agreement in force at the time of writing and as amended, modified, supplemented, substituted or notified from time to time.

18. APPLICABLE LAW AND JURISDICTION

Any contractual or non-contractual obligation arising out of or in connection with these General Terms and Conditions and the Invoice shall be governed by and construed in accordance with the law of the country in which the Seller is located. The exact location of the Seller is indicated on the Invoice.

All disputes arising out of or in connection with the Sale (including, but not limited to, the existence, validity, performance, termination and interpretation of these General Terms and Conditions and the Invoice and any non-contractual obligations arising out of or in connection with the Sale) shall be subject to the jurisdiction of the country where the Seller is located. The exact location of the Seller is indicated on the Invoice.

ANNEX: WITHDRAWAL FORM

Declaration of withdrawal from the contract:

- Address: [Name], whose registered office is [address], tel: [tel], e-mail: [email]

- I/We declare (*) that I/we terminate (*) the contract for the purchase of this product (*)/for the provision of these services (*).

- Date of order or pre-order (*)/date of receipt (*)

- First and last name of the consumer

- Consumer's address

- Signature of the consumer (only if this form is sent in paper format)

- Date