13. CUSTOMER SERVICES

For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Customer must contact our customer service by email located on the contact page.

14. WARRANTIES

Items are guaranteed against compliance defects and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, as of delivery:

Article 1641 of the Civil Code: the seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known.

- Article 1648, paragraph 1 of the Civil Code: the action resulting from latent defects must be filed by the purchaser within two years after discovery of the defect.

- Article L. 211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.

- Article L. 211-5 of the Consumer Code: to comply with the contract, the item must:

1 / Be suitable for the purpose usually expected of a similar item, and where appropriate:

- correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;

- feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;

2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

- Article L 211-12 of the Consumer Code: the action resulting from lack of compliance is recorded within two years after delivery of the goods.

This guarantee allows the Customer to return the defective or non-compliant item delivered for a refund under the aforementioned conditions.

15. AGREEMENT UPON PROOF

The Customer recognises and accepts that the Order recording systems document all the transactions made between Sandro and the Customer.

The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by placing an order at sandro-paris.com.au

For this purpose, the Customer acknowledges and agrees that the electronic data stored in Sandro computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and Sandro.

Sandro will save the Purchase orders and invoices on a reliable and durable medium, pursuant to the provisions of Article 1348 of the Civil Code and guaranteeing access to the Customer at any time if they so request it in accordance with the provisions of Article L. 134-2 of the Consumer Code.

Consequently, unless a clear error on the part of Sandro is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.

Thus, these elements constitute proof and, if they are produced as evidence by Sandro in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.

At any time, the Customer can print, download and save a copy of the TOS to a paper or electronic medium.

16. RESPONSIBILITY

Sandro reserves the right to modify the information contained in this Site at any time and without notice.

Sandro undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated.

In case of no substantial differences between the presentation photographs of Items on the Site, texts and illustrations and the items ordered, the responsibility of Sandro will not be committed.

The Customer acknowledges and agrees that the prices of Items may vary between stores and the Site, and in no case may this price difference serve as a base for a claim for a total or partial refund of Items purchased on the Site or in stores.

The responsibility of Sandro cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force Sandroure as defined by case law rendered by French courts.

Notably, Sandro shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control ("Case of Force Majeure").

A Case of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of Sandro and particularly includes (but is not limited to):

1. strikes, closures or other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transportation by train, boat, plane, roads or other means of private or public transportation.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of all governments.
7. Strike, failure or accidents of maritime, postal or other shipping transportation.

The execution of the TOS shall be suspended for as long as the Case of Force Majeure continues and the execution and delivery lead times shall be extended accordingly. Sandro will endeavor as far as possible to end the Force Majeure or to find a solution allowing it to fulfil its contractual obligations despite the Force Majeure.

Sandro is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of all indirect damages.

17. LICENCE

Sandro grants a license that is limited to the access and use of the Site for personal and non-professional or commercial use of the Site to the Customer.

In no case is the Customer authorised to download or modify all or part of this Site without the written and express permission of Sandro.

This Site or any part of this Site cannot in any way be reproduced, copied, sold or exploited for commercial or professional reasons without the written and express permission of Sandro.

The Customer cannot use techniques allowing a trademark, logo or any other information (notably images, text, models) of which Sandro is the owner to be copied without its express and written consent.

Sandro authorises the Customer, non-exclusively and on a revocable basis, to create a hyperlink to the homepage of the Site provided that this link cannot create derogatory, untrue, false, infringing or possible harm against Sandro Products, any of its trademarks or Sandro itself.

In no case may the creation of the hyperlink incur the liability of Sandro in any capacity whatsoever.

18. PERSONAL DATA PROTECTION

Customers are hereby informed that their personal data may be collected on the Website and used by SMCP Australia Pty Ltd, which acts as data controller within the meaning of the Regulation (EU) 2016/679 of the European parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "DPR").

SMCP Australia undertakes to protect and ensure the security and confidentiality of its Customers’ personal data in accordance with the GDPR, including by taking all appropriate measures to prevent these data from being distorted, damaged or accessed by unauthorised third parties.

In particular, Customers’ personal data may be sent to service providers and contractual partners which, acting as subcontractors within the meaning of the GDPR, contribute directly to the management of Orders and for which it is absolutely necessary to access the personal data entered by Customers when creating and using their Accounts (identity, postal address, telephone number, email address). Subcontractors may act only under instruction from SMCP Australia.

Customers' personal data are collected for the following purposes:

• to manage Orders and relationships with Customers;
• to inform Customers about commercial offers and information relating to the brand; 
• to reinforce and enhance communication from the Website and the brand by sending, for instance, newsletters and special offers depending on the preferences that Customers express on the Website;
• to improve and personalise the services offered to Customers; and
• to comply with legal and regulatory obligations.

Customer's personal data are retained only for the period strictly necessary for the aforementioned purposes.

In accordance with the French Data Protection Act, Customers have the right to access, correct and object to the use of their personal data (hereinafter "Data Protection Rights").

To exercise one or more Data Protection Rights, Customers should send a request by email or post to the Customer Care department of SANDRO, by email via the contact page on the Website or by writing to the following address and stating their full name, email address and customer reference details: SANDRO Customer Care, Suite 6.01, 59-75 Grafton Street, Bondi Junction, NSW 2022.

All requests must be signed and accompanied by a photocopy of an ID document bearing the Customer’s signature, and include the return address.

Requests made on the basis of one or more Data Protection Rights will be replied to no later than 2 months after receiving the requests.

Customers may give SANDRO specific guidance in which they explain how they would like to exercise their Data Protection Rights under the GDPR after their death.

19. COMMERCIAL OFFERS AND NEWSLETTERS

Sandro may send commercial offers to Customers by post, email, sms, telephone or via any web spaces run by Sandro or any of its subsidiaries on social networks, subject to prior acceptance.

At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.

20. INTELLECTUAL PROPERTY

Sandro is the exclusive holder of the intellectual property rights:

• over the Items sold on the Site,
• over the trademarks associated with the Items,
• over the Site, and notably on its layout, organisation and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site,
• over the databases, their structure and their content, designed and managed by Sandro, for the editing needs of the Site,
• over all the design elements of the Site whether graphic or technical,
• over all the names, acronyms, logos, colours, graphics or other signs that may be used, completed or implemented by Sandro.

It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.

As such, the reproduction or use of all or part of these elements is only authorised for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.

Any other use, without the prior and written permission of Sandro constitutes infringement and shall be punished according to intellectual property regulations.

Any hyperlink to the homepage of the Site, or any other page of the Site, is subject to the prior and written agreement of Sandro.

 

21. MODIFICATION OF THE TOS

The new TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.

 

22. APPLICABLE LAW

These TOS are subject to Australian law.

Any dispute will fall under the exclusive competence of the Australian courts within the jurisdiction of the Customer's domicile, if no amicable agreement is reached between the Customer and Sandro.