Paragraph 1 – Scope of Application
Your order at the on-line store of Sol de Mayo is made subject to these General Terms and Conditions of Sale (Referred to herein as “Terms of Sale”). Please review the Terms of Sale carefully before placing your order. Our Terms of Sale are subject to change and without prior notice. You are invited to consult them regularly to be kept informed of any changes. By submitting your order at the on-line Store of Sol de Mayo, you agree to be bound by the Terms of Sale in effect at the time you place your order.
These Terms of Sale apply to all sales between Monica Pigliacampo - Siret Number: 79966858700014, 35 Avenue Sainte Anne, 54520 Laxou, France – trading under the brand Sol de Mayo® (referred to herein as “Sol de Mayo”) and the Internet users navigating on the website www.sol-mayo.com and purchasing products on-line for their personal use (referred to herein as the “Customer(s)”). As referred to herein, the term Products shall refer to all products and goods offered for sale on the on-line store of Sol de Mayo, accessed through the address www.sol-mayo.com.
Paragraph 2 – Acceptance of order
Any offer of sale of a Product is valid for as long as the Product is in the on-line Store and it is in stock.
Sol de Mayo reserves the right to cancel or to refuse the sale of any Product for a valid reason and to inform the Customers of this by email after the registration of the Customer order. Legitimate reasons are non-availability of the Product, an abnormal request from the Customer, the existence of a dispute with the Customer regarding the payment of a previous order, any payment or attempt of fraudulent payment. In this case, Sol de Mayo may advise you by phone or email after you placed your order.
If certain Products shown in our on-line Store are out of stock, show an erroneous price or if the description is incorrect, Sol de Mayo will not be obliged to sell it to you. Sol de Mayo will inform the Customer by email in the case of the Products ordered shows incorrect information or are out of stock. We will do a refund of the exact corresponding price (transport charges included) to the original card that was used for the purchase or may suggest to the Customer to amend placed order according to stock availabilities, real price or correct description.
Before submitting your order, you have the possibility to check your selection, as well as the total price of your order and correct any possible mistakes.
For every order, we will send you a confirmation email containing the order number and the details of the products ordered. To obtain information on the state of your order, you can reach the customer service by e-mail: Sol_mayo@yahoo.com
Paragraph 3- Prices and payment
All prices on the on-line Store Sol de Mayo store are given in Euro and inclusive of VAT but excluding delivery charges, which will be added to the total amount due for the purchase of the product. The costs of customs, duties, taxes and any other amount that have to be paid to perform delivery of the products in a country that is not a member of the European Union will be for your account.
Sol de Mayo reserves the right to modify our prices in the on-line Store at any moment and without prior notice. However, the modified prices will only be applied to new orders and not those that have already been accepted.
You must pay your order by credit card prior to their dispatch. In the case that the due amount cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the bank/card issuer) the order will be cancelled immediately. The payable amount is indicated in the electronic order confirmation.
Paragraph 4 – Delivery
The delivery time is merely indicative. The order shall be processed and shipped within seven working days of receiving payment. Products will be sent to the address provided by the Customer using La Poste Collisimo services, the national French Currier.
In order to assure the delivery, the Customer shall inform the accurate delivery address. The final delivery time shall not exceed more than 14 working days of the indicated delivery time, excepting cases of 'force majeure'. Sol de Mayo cannot be held responsible if the courier is unable to deliver the order to the consumer on time or if the given address is not the correct one.
Sol de Mayo on-line Store ensures order delivery to the following areas: Zone France (including Monaco and Andorra), the delivery cost is €8,50 and Collissimo indicate 2 working days as delay of delivery.
Zone European Union and Switzerland, the delivery cost €11,50 and Collisimo indicate from 4 to 8 working days as delay of delivery.
Customers from countries outside of the EU are responsible for the payment of any Customs charges for merchandise entering their territory.
For the Zone East of Europe (except EU and Russia), Norway and Mar0cco, the delivery cost is €15 and for the rest of Word de delivery cost is €22,50. For both zones, Collisimo indicates from 4 to 8 working days as delay of delivery.
The delivery cost shall be changed according with Collisimo prices.
For zones France and European Union (including Switzerland), Sol de Mayo offers the delivery cost for orders over €150.
Paragraph 5 – Limitation of Liability and Force Majeure
Even though we do our best to reproduce the colours of our Products in the on-line Store we cannot guarantee that their true appearance corresponds exactly to their appearance on the screen. Sol de Mayo shall not be responsible for such discrepancies.
In no event shall Sol de Mayo be liable to customer under any legal theory whatsoever, regardless of whether said legal theory is or could be pleaded or alleged or is or could be cognizable in tort, negligence, contract, warranty, or otherwise, for any loss of profit, liability, consequential damages or charges, or other economic loss, or any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to customer’s purchases of Products from Sol de Mayo, including losses resulting from your general or particular requirements or needs, whether or not Sol de Mayo at time of contracting, knew or reasonably had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented and/or mitigated by you. Sol de Mayo’s liability to customer shall be limited to the purchase price of any nonconforming goods ordered by and/or delivered to the customer.
Sol de Mayo will not be responsible for any delay or failure in carrying out obligations under these Terms of Sale in case of any compelling and unforeseeable external event happening as defined in Article 1148 of the French Code Civil, notably in the event of war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, interruption of energy power, strikes or other labour disputes (whether or not relating to Sol de Mayo’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials, Sol de Mayo’s performance of its obligations hereunder shall be postponed for the period of time that the circumstances continue.
In case of force majeure, no compensation will be requested to the Sol de Mayo in case of direct or indirect damages for the Customer, that are linked to the non-compliance by Sol de Mayo of related obligations as in the order.
Paragraph 6- Warranty
All product sold by the Sol de Mayo are bound by the legal warranty of European Parliament and Council Directive 1999/44/EC. This warranty is limited to the substitution, repair or refund of that product. The warranty is not applicable in case of wrong use, neglect or defective maintenance from the customer.
On delivery, the Customer has to check that the received Products comply with the placed order. In the case of the non-compliance of the received Products of the contracted order, the Customer shall inform by email to email@example.com, within 7 days after delivery. The customer will receive an email to confirm the return and the instructions to follow. The Customer shall return the Product, in their complete original packaging and with all tags, together with a copy of the original invoice, to Sol de Mayo, 35 avenue Sainte Anne, Laxou, France. It is the Customer’s responsibility to obtain proof that the goods have been returned, with the date of postage and delivery. In the case of lack of compliance, Sol de Mayo will bear the cost of the return.
Sol de Mayo shall propose to repair the Product, or the exchange of the product for identical one, if stock available, or the substitution of the product for another one, in same quality and price or the refund of the purchase. Sol de Mayo shall refund to the original card that was used for the purchase, within 30 days after Sol de Mayo received the returned Product or after the Customer showed the proof of return.
Paragraph 7- Returns Policy
The Customer has right to return any purchased product to Sol de Mayo, for whatever reason, within 15 days from reception of the Product, in order to make a return. The customer shall inform Sol de Mayo by email and will receive the confirmation and returns instructions from Sol de Mayo by email. In this case, the cost of returning the Products shall be borne by the Customer.
Return articles will only be accepted if are returned undamaged, in their complete original packaging and with all tags. If the Product has been worn or washed, or if the consumer has attempted to amend or alter the Product in any way the return cannot be accepted and any refund possible. Sol de Mayo will check the returned product and after acceptance Sol de Mayo will inform the customer and proceed to refund within thirty days after receiving it or after get the proof delivery.
Paragraph 8 – Intellectual Property
Sol de Mayo® is a registered trademark pursuant to applicable international law that belongs to Monica Pigliacampo, registered under the following number: 012472866. It is prohibited by applicable law to use the brand «Sol de Mayo» for goods other than those of the brand, or in any possible manner that would generate confusion amongst potential customers or in any possible manner that would denigrate or bring Sol de Mayo into disrepute. Any designs, models, illustrations, photos, images, logos appearing in Sol de Mayo web and on-line Store remain the exclusive property of Sol de Mayo.
Paragraph 9 – Severability
If a court of competent jurisdiction finds any provision of these Terms of Sale to be invalid or unenforceable, the remaining provisions of the Terms of Sale will remain in full force and effect.
Paragraph 10 – Waiver
If Sol de Mayo does not exercise any of the rights or remedies herein, or does not insist upon Customer’s strict performance of any of Customer’s obligations herein, Sol de Mayo’s actions shall not constitute a waiver of any such rights or remedies and will not relieve Customer from full compliance with Sol de Mayo’s obligations. No waiver by Sol de Mayo of any Terms of Sale will be effective unless said waiver is expressly stated to be a waiver and is so communicated to Customer writing.
Paragraph 11 – Applicable Laws
Sol de Mayo® controls and operates its business from its offices in France. Consequently, any questions raised in any litigation relating to these Terms of Sale shall be submitted to the French law and the Court of Nancy, France.