1. GENERAL PRINCIPLES

    Sundress.fr is a website dedicated to selling women's ready-to-wear and fashion accessories. Any sale established electronically on the www.sundress.fr website is subject to the terms and conditions as hereinafter set forth.

    The present terms and conditions apply between: 

    • SUNDRESS, a simplified joint-stock company with a capital of 5,000 EUR, which head offices are located in St Laurent du Var (06700), 5 allée des imprimeurs, registered with the Antibes Trade Registry (RCS) under no. 800 282 675, hereafter referred to as "SUNDRESS" or "we" on the SUNDRESS website, 
    • and any natural person making a purchase via the www.sundress.fr website, hereinafter referred to as "the Customer" or "you".

     

    The Customer declares:

    – having the legal capacity to enter into this contract, i.e. being of legal age and not under guardianship or trusteeship, and being legally capable of making decisions,

    – not being purchasing SUNDRESS products with the aim of reselling them.

    SUNDRESS reserves the right not to respond to an order if it does not come from a customer meeting the criteria set above.

    The present terms and conditions are intended to define distance selling terms and conditions between SUNDRESS and the Customer, from order to payment, delivery and return. They regulate all the steps required for order placement and ensure follow-up of this order between the contracting parties.

    Products or services presentation on the www.sundress.fr website at a given time does not imply and does not guarantee that these products will be available at any time. We reserve the right to discontinue the sale of any product at any time.

    We also reserve the right to modify these terms and conditions from time to time without prior notice. The terms and conditions applicable to your order shall be the ones displayed on the sundress.fr website at the time of your order placement.

    For any additional information, the Customer may contact the Customer Service, and send his or her request by filling out the contact form.

    2. PRODUCTS

      The products sold by SUNDRESS are those listed on the www.sundress.fr website on the day the Customer visits the website.

      Products are described and reproduced by SUNDRESS on its website as accurately as possible. However, SUNDRESS draws the Customer’s attention to the fact that photographs cannot guarantee perfect similarity with the product sold, especially regarding colours. 
      Differences may result from, but as not limited to, photographs' colour quality, difficulty of showing materials rendering on the screen or technical adaptation. 
      These differences cannot be interpreted as lack of conformity and result in the order cancellation. 
      SUNDRESS cannot be held liable in the event of any obvious error or non-significant omission between the product characteristics and its representation and/or description.

      Product offers and prices displayed on the website are valid as long as they appear on the website, subject to availability.

      In the event that one or several products were temporarily unavailable after the order placement, SUNDRESS shall inform the Customer by e-mail of the partial delivery of his or her order or its cancellation if all ordered products are unavailable. In this case, SUNDRESS agrees to refund all the amounts paid by the Customer within 30 days of his or her payment, in accordance with Article L.121-20-3 of the French Consumer Code.

      Regarding products temporally statued in pre order, Sundress ensures to communicate the estimated delivery date to the client. Additional delays can be applied based on the production time. Sundress ensures to update the estimated delivery date in case of late delays. In case of orders with pre order piece(s) and available piece(s), Sundress will automatically wait that all pieces are available and ship the full order. The customer can ask to Sundress to receive the availaible part of the order immediatly. 

      All products remain the full and entire property of SUNDRESS until the order has been paid in full to SUNDRESS.

       

      3. PRICES AND DELIVERY FEES

      The prices displayed on sundress.fr include the legal V.A.T. but not the delivery fees. Any change in the V.A.T. rate may immediately impact our prices. However, prices cannot be changed once the order is placed by the Customer.

      SUNDRESS reserves the right to modify at any time and without prior notice the price of items displayed on the website, without prejudice to orders previously placed by the Customer.

      Delivery fees are offered without minimum purchase for most of the year.

      During specific periods such as Sales, Sundress has the right to offer delivery from a fix amount of purchase. Sundress is committed to do it utmost to inform the Customer of the occasional change.

      It is important to remind that international shipments are subject to customs duties for which the Customer remains responsible. The Customer bears sole responsibility for ensuring the laws of the country of delivery allow the shipment of the products ordered to this country. The Customer cannot cancel his or her order for the reasons mentioned above. That means Sundress is not responsible for all fees if the Customer really do not want to receive the order anymore because of the duties fees. 

      For United Kingdom, orders are subject to customs duties since January 2021. To avoid lack of information regarding the new national laws, we opt to apply UK duties at the website checkout. It will avoid surprise during the delivery and also to pay for additional taxes. The duties may be asked over £135. These fees cannot be refunded in case of order returns. 


      4. ORDER PLACEMENT / CONTRACT CONCLUSION

      It is the Customer's responsibility to check the accuracy of the information he or she shares.

      SUNDRESS reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons. We reserve the right to refuse any order placed by a Customer who may be involved in a dispute concerning the payment of all or part of a previous order and any order not complying with the present Terms and Conditions. In such case, SUNDRESS shall inform the Customer by telephone or e-mail.

      By confirming your order, you agree to this Terms and Conditions. 

      Once you have placed your order, a confirmation e-mail will be sent to you (provided you have shared your e-mail address with us). If, for any reason, we were unable to fulfill your order, we shall let you know as soon as possible. If we have already received payment for your order, we shall attempt to refund the said amount using the same payment method as you used. If, for any reason, alternative arrangements needed to be made, a SUNDRESS representative shall then contact you to organise and finalise your refund.

      For USA visitors, we propose the possibility to make order on our website www.sundress.us to avoid customs duties. Orders made in www.sundress.us will be shipped from USA, from an independant and exclusive stock. 

      5. DELIVERY

      Products are delivered to the delivery address listed on the order form.

      All orders are shipped from France.

      SUNDRESS processes parcels from Monday to Friday from 9am to 5pm (excluding public holidays). Orders are usually processed within 1 to 2 business days.

      For orders delivered in metropolitan France, SUNDRESS offers shipping costs, which include packaging, handling and postage. SUNDRESS has partnered with DHL DOMESTIC EXPRESS, which means that we mainly ship orders via this service provider. Orders are usually shipped within 48 hours following their payment (average time). For specific postal addresses such as those which are not covered by DHL DOMESTIC EXPRESS services or postal addresses that we estimate DHL DOMESTIC EXPRESS services are not adapted, we provide the right to use a carrier who proposes appropriate services. That shall include standard shipping. An email will be sent to the Customer indicating the carrier used and the tracking number.

      Delivery costs for the rest of the world are also offered. We usually work with DHL WORLDWIDE EXPRESS which delivers within an average of 2 to 5 business days following shipment. For specific countries or postal addresses such as those which are not covered by DHL WORLDWIDE EXPRESS services or countries or postal addresses that we estimate DHL WORLDWIDE EXPRESS services are not adapted, we provide the right to use a carrier who proposes appropriate services. That shall include standard shipping. A mail will be sent to the Customer indicating the carrier used and the tracking number.

      Additional delays can be applied by our transport partners. During sales, Private sales (...) processing times may be longer due to the large number of packages to process. We are not responsible for delay in delivery, then it is not a cancellation reason.
      Products are delivered worldwide. Orders are delivered to the delivery address given by the Customer in the best possible conditions within an average of 2 to 5 business days.

      Sundress is partner with DHL GoGreen Program. Our order shipments are CO2 Neutral. This means that the CO2 Emissions produced by DHL during our shipments will be offset by supporting climate protection projects. 

      SUNDRESS can in no way be held responsible for late delivery and does not guarantee delivery costs and/or order refund.

      For deliveries outside the European Union (that's included DOM-TOM etc.), the Customer is responsible for all duties, taxes and customs fees, paid to the carrier upon parcel reception. The Customer cannot cancel his or her order for this reason.

      For United Kingdom, orders are subject to customs duties since January 2021. To avoid lack of information regarding the new national laws, we opt to apply UK duties at the website checkout. It will avoid surprise during the delivery and also to pay for additional taxes. The duties may be asked over £135. These fees cannot be refunded in case of order returns. 

      If the Customer is absent at the time of delivery at the address given by the Customer, the carrier shall find with the Customer an agreement such as a new delivery date, drop in the letterbox, the front door or a parcel pick-up etc. The Customer is responsible for the parcel when instructions were respected. In the case of the parcel is available in a parcel pick-up, it shall be kept there for 15 days following reception. After that, the parcel shall be returned to SUNDRESS e-commerce warehouse. The Customer shall be refunded based on the price charged, shipping costs not included.

      Any change of delivery address made by the Customer after the order has been placed may result in a delayed delivery.

      In case of the parcel is returned to our warehouse due to a failure delivery or/and wrong postal address, a second delivery can be organized. In this case, we do not guarantee to provide the free return. 

      Upon product reception, the Customer shall record and confirm any noticeable damage in the packaging and the delivered product and the right quantity of received items in the presence of the transporter.

      If, at the time of delivery, the packaging is damaged, torn or opened, the Customer shall then check the condition of the products it contains. If products have been damaged, the Customer shall refuse the parcel and write his or her damage claim on the delivery receipt: damage, missing item, damaged package, broken item... This verification is deemed to have been made once the Customer, or a person authorised by the aforementioned, has signed the delivery note.

      The Customer shall be given 30 business days after the order shipment date to request cancellation of the sale and refund of items on the grounds that they were not delivered.

      No complaint concerning delivery shall be accepted after that period has expired.

      6. PAYMENT

      Full payment of the order must be made by credit card or PayPal. We accept Visa, Mastercard and American Express.

      Thanks to our partner Alma, we also propose a three times payment, postponed payment in 15 days or 30 days without charge. This service is applicable for any purchase over 100 euros for France, Germany, Belgium, Italy, Netherlands and Spain. This service is not available for American Express. 

      During the checkout process, the Customer is asked to give his or her credit card number and expiry date along with the last 3 digits of the card security code located on the back of the card. 
      Pursuant to the provisions of the law of 13 March 2000 on the electronic signature, the online transmission of the credit card number and the final order confirmation by the Customer shall be considered as evidence of the order completeness and playability of the monies owed as payment of this order.

      In some cases, including non-payment, incorrect address, or other problem related to the Customer's bank account, SUNDRESS reserves the right to block the order until the problem is solved. 
      The order shall only be shipped after the payment method is verified and the credit card debit authorization is received. The order value shall be debited from the Customer's account when the order is shipped, according to the products actually shipped.

      The Customer shall be able to see his or her previous purchases on his or her personal account.

      7. PAYMENT SECURITY

       www.sundress.fr uses the PayPlug secure service integrating the SSL secure sockets layer security standard to ensure payment security. When finalising his or her order, the user must enter his or her confidential data in a secure environment: card number, expiry date and visual cryptogram located on the back of the card. Only Banque Populaire shall have access, through its secure space, to the Customer's banking information.

      The appearance of "https: // ..." in the website URL area and the "padlock" pictogram at the bottom of the browser are the proof. This information is in no way sent through the www.sundress.fr website.

      Bank fraud: To avoid any fraudulent use of bank cards, SUNDRESS reserves the right to verify the data provided by the Customer and to ensure that the person whose bank account is debited is the one who placed the order on the www.sundress.fr website.

      8. ORDER RESCISSION / CANCELLATION

      You can cancel your order before shipping. If you wish to cancel your order, entirely or partially, please notify us by email at contact@sundress.fr. We shall use the same payment method as the one used for the items’ payment (or, if the items have not been paid yet, to make this item return to the balance of your account) as soon as possible and at the latest within 14 days after receiving your cancellation notice. Another payment method may be used for the refund provided that you give us your consent; in any case this shall not generate any costs to you.


      9. RETURNS AND EXCHANGES

      You may cancel your order at your discretion without any justification. You may return your items within 14 calendar days following order reception.

      Before this 14-day period expires, the Customer must inform us of his or her cancellation or exchange request, either by sending us a duly completed exchange and return form contained in the parcel, or by sending us an email clearly and unambiguously stating this decision and mentioning the order number to: contact@sundress.fr.

      Sundress provides return label to European Union countries (excluded overseas territories and United Kingdom). A one-time 10 € return fee will be deducted from all refunds. For exchange, you can exchange your product color and/or size only once. You cannot ask an exchange for another model.

      For countries outside European Union, the Customer must return at his or her expense (except in case of non-compliant product or manufacturing defect) the order to SUNDRESS at the address mentioned on the exchange and return form and on sundress.fr. We do not assume customs taxes for returned package. In this case, the parcel is refused and will return to you. 

      For returns, SUNDRESS guarantees the full refund (deducted by the 10 € return fee) of any item returned in accordance with section 8 (order cancellation), provided that all items are returned in the same condition as they were received. This means that items must not be damaged, stained, washed, stretched or worn (other than to try the item) and all labels still untouched. We shall refund you, trying to use the same payment method as that used for your items' payment (or, if the items have not yet been paid, to make this item return appear to the balance of your account) as soon as possible and at the latest within 14 days after item reception. Delivery costs and duties fees shall not be reimbursed.

      If return is made between 14-20 days after item reception at the postal address or a pickup station, we will give you a gift voucher for the amount equivalent to the price you paid for the item(s).

      We won’t accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to send it back to your default delivery address and ask you to cover the delivery costs. 

      If the item you received is defective or not the one you ordered, please promptly notify SUNDRESS and return the item. You have 14 days from the delivery to notify it. SUNDRESS shall refund any incorrect item or any product deemed defective. We shall refund return costs. The provisions set forth in the present

      If they were not, the return parcel being your responsibility until it arrives in our warehouses, please ask for a proof of sending with a tracking number.Terms and Conditions do not exclude any applicable lawful right. 

      SUNDRESS has the right to do refuse a refund and to send back item(s) that shows proof of worn and/or washed item that makes it defective and unsellable. 

      For countries outside European Union, carrier and delivery method is chosen by the Customer. It is therefore recommended to provide proof of this return, which implies that items are returned with parcel tracking or by any other means establishing the specific date of this return. The return parcel is your responsibility until it arrives in our warehouse.

       

      10. RESPONSIBILITY

      The products displayed and sold comply with the applicable French legislation.

      Photographs and texts representing and illustrating products are not contractual. Consequently, SUNDRESS shall not be held responsible for any error in one of these photographs or one of these texts. 
      SUNDRESS shall not be held responsible for the non-performance of the concluded contract in case of sold-out items or product unavailability, force majeure, disruption or total or partial strike including in postal services and means of transport and/or communication. We shall not be liable for any damage resulting from a fraudulent intrusion by a third party resulting in a modification of the information available on the website and more broadly for any direct or indirect damage, whatever the causes, origins, nature or consequences, caused by anyone's access to the website or impossibility to access it, the use of the website and/or the credibility given to any information directly or indirectly displayed on the latter.

      11. RENUNCIATION AND NULLITY

      The possible nullity of a clause of the present Terms and Conditions shall not affect the entirety of the Terms and Conditions and the resulting obligations for the Customer.

      Renunciation, at any time whatsoever during the Contract, of any right or application of any of the clauses of the Terms and Conditions shall not constitute a renunciation of these rights or clauses. The renunciation by SUNDRESS of any breach does not constitute a renunciation of any subsequent breach.

      12. MEDIATION

      In case of dispute following by an order made on our website, the Customer can report its claim to our Customer Services at contact@sundress.fr. In the event the claim is not resolved amicably and during one year, the Customer can resort to CM2C mediation service by electronic way at cm2c@cm2c.net, or postal way CM2C - 14 rue Saint Jean - 75017 Paris (France), or directly via its electronic form available on its website www.cm2c.net, in accordance with the French low, article L. 612-1 du Code de la consommation. Mediation service can be contacted for every dispute when friendly settlement could not be concluded.

      13. RIGHTS OWNERSHIP

      All intellectual property rights, such as trademarks and copyrights on sundress.fr, remain the property of SAS SUNDRESS. Any use of the sundress.fr website or its contents, including the photocopying or the partial or complete keeping of such content, other than by our own personnel and for non-commercial purposes, is prohibited without SUNDRESS consent.

      14. DURATION

      Terms and Conditions are subject to French law. They are written in French. If they were translated into one or more foreign languages, only the French text shall prevail in case of dispute. These Terms and Conditions apply as long as SUNDRESS provides its services online.
      In the event of a dispute, parties shall seek an amicable agreement before any contentious action and shall communicate to each other all the information necessary to this effect. If no amicable settlement of the dispute is reached, the Tribunal de Commerce de NICE (Commercial Court of NICE) shall have sole jurisdiction in the event of litigation of any kind or dispute related to the formation or execution of the order, unless Sundress prefers to seize any other competent jurisdiction.