PREAMBLE

The General Terms and Conditions of Sale and Use of the company "Dessine-moi un soulier" define the rights and obligations of the parties in the context of the sale of products by Dessine-moi un soulier to the customer. By placing an order on the dessinemoiunsoulier.com website, the customer accepts the general terms and conditions of sale as well as the related rights and obligations.

Dessine-moi un soulier is a French company with a share capital of €10,000, headquartered at 34 rue Quivogne 69002 Lyon and registered with the Lyon Trade and Companies Registry under the following numbers:

  • SIREN 531 321 834
  • SIRET 531 321 834 00099
  • Intracommunity VAT FR16 531 321 834.

SUBJECT

Dessine-moi un soulier is an e-commerce site selling shoes, accessories and related items (www.dessinemoiunsoulier.com). Dessine-moi un soulier reserves the right to modify some of these provisions at any time.

  1. Controls

The procedures for ordering products on the site are as follows:

Internet: with www.dessinemoiunsoulier.comand the Dessine-moi un soulier showroom.

Customers warrant that they are fully authorized to use the credit card and that the credit card provides access to sufficient funds to cover all costs resulting from the use of dessinemoiunsoulier.com services.

Furthermore, in accordance with the law, minors wishing to make a purchase on the dessinemoiunsoulier.com website must be authorized and accompanied by a parent.

In order to create and personalize their product (a pair of shoes), customers have to go through several steps via the Design Me a Shoe simulator.

Once payment has been received, the order will be processed. Dessine-moi un soulier reserves the right to reject or cancel an order due to payment problems.

Dessine-moi un soulier undertakes to inform you in the event of stock problems regarding materials, heels and everything else on the site. www.dessinemoiunsoulier.com. In this case, the customer will be reimbursed.

By ticking the "Accept terms and conditions of sale" box during the order process, the customer declares that he/she accepts the present Terms and Conditions of Sale and Use in full and without reservation.

The data recorded by dessinemoiunsoulier.com constitutes proof of transactions between dessinemoiunsoulier.com and its customers.

  1. Products and materials

The products offered for sale are described and presented as accurately as possible. However, the simulator may offer details, color and material renderings or heel heights and thicknesses that are slightly different from reality, in which case Dessine-moi un soulier cannot be held liable.

The photos and drawings of the simulator representing our products are for information purposes only. These photos and drawings, like the texts illustrating the products, are not contractually binding.

As each product is made individually for each order, slight variations may occur from one production run to the next: shapes differing by a few millimeters, leather thickness, slight variations in color bath. Dessine-moi un soulier cannot be held responsible for these differences, which are the consequence of the craftsmanship and uniqueness of our products.

Materials are ordered individually for each order, and variations in color baths for upper leathers, like the lining, as well as for the sole, are frequent.

  1. Price

The prices shown on the site or in the online store include :

- All taxes included (i.e. including VAT) for CUSTOMERS with a delivery address in the European Union.

- VAT excluded for CLIENTS with a delivery address outside the European Union

Prices are guaranteed subject to typographical or printing errors. They may be modified at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced on the basis of the rates in force at the time the order is registered.

  1. Gift cards / coupons / credit notes or vouchers.

All gift cards purchased on the site www.dessinemoiunsoulier.comThe order will be sent by e-mail, detailing the order, and a postcard will be sent to the customer's home address.

No promotion or discount is applicable to the purchase of a gift card. However, when using a gift card, promotions and discounts are cumulative.

Promotions cannot be combined with credit notes or vouchers, unless specified by customer service by email: contact@dmus.fr.

When using a gift card / coupon / credit note or voucher, if the product is not suitable, only exchange is possible, no refund will be allowed.

The gift card is valid for one year.

If the amount of the gift card is greater than the amount of the pair purchased, the remaining amount can be reused for any other order. It cannot be reimbursed.

If the amount of the gift card is less than the amount of the pair purchased, the sum added to validate the purchase cannot be reimbursed if the pair is unsuitable.

Under no circumstances may the purchaser of the gift card request a total or partial refund.

  1. Payment

Payment must be made by credit card or Paypal.

The following credit cards are accepted: CB, Visa, Eurocard and Master Card. In the event of refusal by the bank, the order will be automatically cancelled. The speed with which the customer's bank account is debited depends on the customer's credit card type: with an immediate debit card, the current account is debited within 3 to 8 days, depending on the bank; with a deferred debit card, the debit appears under the same conditions as for usual debits.

Customers can also use PAYPAL for their transactions, in which case they will be directed to their paypal account for payment, or take advantage of paypal's banking module, which accepts American Express cards in particular.

In showrooms only, payment by cheque or cash is also permitted.

  1. Payment security

The dessine-moi un soulier website uses the BNP Paribas secure payment system. The bank responsible for online payment has confidential information that is inaccessible to third parties. As Dessine-moi un soulier never has access to this information, it is obliged to request this confidential information for each new order.

  1. Delivery 

Dessinemoiunsoulier.com delivers packages anywhere in mainland France, the Euro zone and the rest of the world.

Classic delivery :

The product purchased by the customer will be delivered within approximately 7 weeks from the date of order within Europe. Of course, we take into account all delivery dates indicated in the store or in the order comments, subject to feasibility.

Delivery times are average times, calculated according to the date of receipt of goods from the supplier. These times vary according to destination and do not include public holidays or weekends.

Dessine-moi un soulier will make every effort to deliver as quickly as possible, but delivery times may vary in the event of :

- shortage of materials (the customer will be informed)

- problems during the production of the pair (the customer will be informed)

- vacations: in August and December, Dessine-moi un soulier production is slowed down.

- force majeure

Dessine-moi un soulier will not be held responsible for any delays in delivery due to force majeure or inherent production problems (shortage of materials or problems during the manufacturing process). Dessine-moi un soulier encourages its customers to have their personalized shoes made well in advance.

Priority delivery :

With Dessine-moi un soulier, you can obtain the product you order by express delivery within 4 weeks (i.e. 20 working days - tolerance up to 24 working days), by selecting the "priority delivery" option in the shopping basket. A surcharge of €50 will be applied for the special logistics involved.

Delivery locations :

For metropolitan France - products are shipped :

  • By Chronopost point relais - free of charge
  • At home via UPS - €5

For Belgium - Germany - Luxembourg - Netherlands - Italy - Spain - products are shipped :

  • By Chronopost point relais - €5
  • Home delivery via UPS - €15

For the rest of Europe - products are shipped :

  • Home delivery via UPS - €15

For overseas regions Zone 1 - Guadeloupe, French Guiana, Mayotte, Martinique,

Réunion, Saint-Martin, Saint-Barthélemy, Saint-Pierre-et-Miquelon - products are shipped :

  • At home via colissimo - €15

For the rest of the world - products shipped to your door: €35

If delivery to a boutique is desired, the customer must indicate this in the order comments.

Preparation and shipping costs are inclusive of French VAT.

If the delivery time is exceeded, the customer cannot cancel the order and request a refund. They will be able to do so once their order has been received, even if Dessine-moi un soulier is late in its deliveries. It is advisable to contact dessinemoiunsoulier.com (contact@dmus.fr) to be kept informed of delivery progress.

Delivery is deemed to have taken place as soon as the product has been handed over to the customer by the carrier according to the control system used by the latter.

Once the product has been delivered, the customer must check the contents and integrity of the parcel on his own initiative, and must then make any reservations and claims if justified, or even refuse the parcel if it is likely to have been opened.
Please note that a parcel received is a parcel accepted as is.

In case of dissatisfaction for any reason whatsoever, the customer may contact dessinemoiunsoulier.com via the address contact@dmus.fr.

Please note: only one delivery is offered. For any order sent and not received by the customer, shipping costs will be charged for re-delivery.

  1. Right of withdrawal and return

In accordance with the law, Dessine-moi un soulier products are manufactured at the customer's request and therefore no right of withdrawal applies.

On the other hand, Dessine-moi un soulier authorizes only 1 return per product ordered, if the customer is not satisfied with the product after receiving it, with the exception of personalized wedding sneakers, when a personal print is made for the customer. Any second return for a product that has already been returned once will be refused, whatever the reason.

- The customer has a period of 1 (one) month from the date of receipt to return any shoes with which he is not satisfied.

- In the event of a manufacturing defect, the customer has 15 (fifteen) days from the date of receipt to return the goods.

The product must be returned in its original box, perfectly protected, undamaged and undirty, attesting to no alteration of any kind. It must be returned as specified on the dessinemoiunsoulier.com website. The product can only be returned after contacting the Dessine-moi un soulier sales department by email at contact@dmus.fr.

The customer must contact dessinemoiunsoulier.com's customer service department before returning any goods: contact@dmus.fr to find out how to return (more information here).

Once the returned product has been received by Dessine-moi un soulier, who will acknowledge receipt of the merchandise, the customer can either benefit from a refund (excluding purchases made using a gift card, credit note or voucher), or benefit from an exchange.

The "extras", i.e. fast delivery, fitting of protective pads, manufacture of different sizes, customer's own stamp, will not be reimbursed under any circumstances. They will not be credited, and will not be taken into account again in the event of remanufacturing.

Sample materials are not eligible for refunds or credit notes.

Personalized wedding sneakers printed for the customer are neither exchangeable nor refundable, in accordance with the provisions of articles L. 221-18 to L.221-28 of the French Consumer Code: "the right of withdrawal cannot be exercised for items with personalization or made to order and/or according to the customer's specifications".

The customer therefore has no right of withdrawal once the order for a personalized wedding basket has been placed.

In the case of a refund:

Reimbursement to the customer's bank will be made within 30 days of receipt of the goods by dessinemoiunsoulier.com.

The speed with which the bank account is credited may vary according to the type of bank card used by the customer: with immediate debit cards, the current account is credited within 3 to 8 days, depending on the bank. With deferred debit cards, on the other hand, credit is made under the same conditions as for normal debits to the card account, and not to the deposit account.

In the case of an exchange (or remanufacture):

Dessine-moi un soulier undertakes to remake, at its own expense, a pair of shoes chosen by the dissatisfied customer, which must be of the same commercial value as the returned product. If the commercial value of the remade product exceeds that of the returned product, the difference will be invoiced to the customer. If the commercial value of the refurbished product is lower than that of the returned product, the difference will not be refunded to the customer.

If lhe shoe has been returned once and manufactured à new à Dessine-moi un soulier will not be responsible for any refunds, regardless of the reason for the first return.

If the order was placed with a credit note from a previous return, the order will not be eligible for reimbursement.

Any pair of shoes won in a competition cannot be returned or exchanged.

Any pair of shoes made to estimate will not be reimbursed in the event of dissatisfaction.

Any pair made with a gift card cannot be reimbursed in the event of dissatisfaction.

Please note that Dessine-moi un soulier products purchased in a partner boutique or eshop cannot be returned, either for a refund or for remanufacturing.

Whether the return concerns the aesthetics, size or quality of the product, no returns will be accepted after a period of 1 month for aesthetics and 15 days for quality defects.

  1. Images and products

All photos and drawings on the Dessine-moi un soulier website are the exclusive property of the Dessine-moi un soulier brand, and may not be copied or used for commercial purposes.

The simulator drawings are a visual representation of the customized shoe and are not contractual. Heel heights, materials and colors are altered on the personalization module.

The photos of the shoes in the visual gallery are not contractual: luminosities are retouched, and details may vary, as the shoes are produced individually.

The leathers used by Dessine-moi un soulier vary from month to month, and colors are not identical depending on the skins, arrivals and tanning processes. The same color may be altered: lighter or darker, shinier or brighter, even the tonality may vary slightly, and the customer cannot hold Dessine-moi un soulier responsible for this.

  1. Shoe loans

Dessine-moi un soulier offers its customers a shoe loan service for size fitting.

Nevertheless, as our models are complex, the possibilities for customization are infinite, and the fit is variable, we only lend fitting shoes after discussing the model you are interested in with you.

How it works: you contact us by email contact@dmus.fr or phone/sms at 06 66 54 98 69Please let us know if you would like to have a fitting shoe.

We'll work with you to refine the model and size, and suggest a model to send you for testing.

This model can be ordered from our outletwe send it to you free of charge and you will benefit from our return policy to send it back and make your final creation.

They must be returned unworn (or only slightly worn) and undamaged. Should this be the case, Dessine-moi un soulier reserves the right to refuse the return, after notifying the customer by post or email.

  1. Intellectual property

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the dessinemoiunsoulier.com website are reserved under copyright, trademark law and patent law for the entire world. As such, and in accordance with the provisions of the French intellectual property code, only private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the dessinemoiunsoulier.com website is strictly forbidden under penalty of infringement.
Some products, such as software, are subject to personal and specific rights of use that regulate copying, public distribution and rental. You must respect the general conditions of sale of these products and dessinemoiunsoulier.com cannot be held responsible for any use that may be made of the products in this context.
Hyperlinks to dessinemoiunsoulier.com using framing or deep linking techniques are strictly prohibited.

  1. Liability

Photos are for illustrative purposes only. Please refer to the description of each product for precise specifications.

Dessinemoiunsoulier.com cannot be held responsible for damages of any kind, whether material, immaterial or physical, resulting from the malfunction or misuse of the products sold. The same applies to any product modifications resulting from suppliers.

The responsibility of dessinemoiunsoulier.com will, in any case, be limited to the amount of the order.

Dessinemoiunsoulier.com cannot be held responsible, towards a member or a third party, for any indirect damage, loss of operation, profit or turnover, arising in any way whatsoever, even if this damage or this loss or this prejudice was foreseeable by dessinemoiunsoulier.com, or if its eventuality had been brought to its attention.

Dessine-moi un soulier.com cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flooding or fire.

  1. Disputes and applicable law

This contract is governed by French law. The language of this contract is French.

In the event of a problem, the customer should first contact dessinemoiunsoulier.com for an amicable solution. In the event of a dispute, the French courts will have exclusive jurisdiction.

Dessine-moi un soulier shall not be held liable for any total or partial breach of contract caused by an event beyond its control. In addition, Dessine-moi un soulier will not be held liable for any damage to shoes that have been subjected to misuse.

We accept no liability for defects resulting from normal wear and tear, intentional damage, negligence, abnormal conditions, misuse, modification or repair of the goods ordered without our agreement.

Mediation: in accordance with article L. 152-1 of the French Consumer Code, you may have free recourse to the MEDICYS mediation service to which we belong by electronic means: https://app.medicys-consommation.fr/?proId=d6d3f510-3a3d-4e22-be8b-45a5b…

or by post: Concord - 73, Boulevard de Clichy - 75009 Paris

  1. Modification of the general sales conditions

Dessinemoiunsoulier.com reserves the right to modify the General Terms and Conditions of Sale and Use. Any new version will be accessible on the dessinemoiunsoulier.com website and will be binding on the customer only from the date of its publication on the website.

In the event that certain provisions of the General Terms and Conditions of Sale and Use are declared illegal or unenforceable by a court decision, the other provisions shall remain in force.

  1. Obligation of the parties

If an order is accepted, Dessine-moi un soulier undertakes to sell and deliver to the CLIENT the product(s) ordered by the CLIENT in accordance with the terms specified above.

Dessine-moi un soulier is committed to verifying that products comply with French regulations.

The CLIENT undertakes to provide Dessine-moi un soulier with an address to which delivery can be made. The provision of personal information (name, address, telephone number, e-mail address, etc.) collected for the purpose of concluding the sales contract is mandatory. This information is essential for the processing and delivery of orders and the preparation of invoices. Failure to provide this information will result in the order not being validated. In the event of an error in the provision of this information, Dessine-moi un soulier cannot be held responsible for the impossibility of delivering the product. In this case, the CLIENT remains responsible for payment. In the event of an incomplete address resulting in the impossibility of delivery by the transport service provider, the CLIENT must pay the delivery charges corresponding to the reshipment of the order.

  1. Warranty

All our products are covered by the legal warranty, provided that they have been worn under normal conditions of use, and that the care instructions given on our website have been followed.

Article L211-4 of the French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L211-5 of the French Consumer Code

To conform to the contract, the good must :

1. Be fit for the use ordinarily expected of similar goods and, where applicable :

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

- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-9 of the French Consumer Code

In the event of a lack of conformity, the buyer can choose between repair and replacement.

However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.

Article L211-10 of the French Consumer Code

If repair and replacement are impossible, the buyer can return the goods and have the price refunded, or keep the goods and have part of the price refunded.

The same option is available to him:

- If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month of the buyer's complaint ;

- Or if this solution cannot be found without major inconvenience for the customer, given the nature of the good and the use he is looking for.

However, the sale cannot be rescinded if the lack of conformity is minor.

Article L211-11 of the French Consumer Code

The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the Buyer.

These same provisions do not preclude the award of damages.

Article L211-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

  1. Personal data

The collection of the CLIENT's personal data is necessary to process the order. This information is strictly confidential and is intended solely for the use of Dessine-moi un soulier. In accordance with the French Data Protection Act of January 6, 1978, the CLIENT has the right to access, modify, rectify and delete personal data concerning him or her. If the CLIENT wishes to exercise this right, he/she simply needs to write to Dessine-moi un soulier, indicating his/her surname, first name and address.

Dessine-moi un soulier reserves the right to collect data on the CLIENT through the use of cookies in order to improve the personalized service intended for the Internet user.

In order to facilitate your browsing on the Site, Dessine-moi un soulier uses Cookies or similar systems. These cookies provide a better quality of service by recording information about your browsing.

These cookies do not allow us to identify you individually, and their duration is strictly limited to the duration of your browsing session.

You can refuse to accept cookies by adjusting your browser settings. However, in certain cases, this operation may lead to the deletion of all Cookies used by the browser, including those used by other websites, which may result in the alteration or loss of certain settings or information. The deletion of Cookies may alter the quality of browsing on the Site, or even make it less fluid.

You can prevent cookies from being saved by configuring your browser as follows:

For Microsoft Internet Explorer 6.0 and higher :

1. Select the "Tools" menu, then "Internet Options".

2. Click on the "Confidentiality" tab.

3. Use the cursor to select the desired level.

For Firefox:

1. Select the "Tools">"Options" menu.

2. Click on the "Privacy" option.

For Safari 3.x for Mac OS X :

1. Open Safari.

2. Click on "Preferences".

3. Click on the "Privacy" option.

4. Select "Block cookies".