Terms & Conditions
PREAMBLE
This site is operated by The Smith Visual s.a.r.l (hereafter: The Smith Visual) company, having its registered office at 149 avenue du Maine - 75014 PARIS (France) and registered with the register of commerce and companies of Paris under number 980675144.
The present general conditions of sale apply to all the orders placed with The Smith Visual s.a.r.l for the whole of the articles and services proposed by the www.thesmithvisual.comsite by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of The Smith Visual implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
The Smith Visual reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of The Smith Visual are those accepted by the Customer at the time of placing the order.
ARTICLE 1 : INTEGRALITY
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. The Smith Visual is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
ARTICLE 2 : OBJECT
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the The Smith Visual to the Customer, from the order to the delivery, including payment and the use of services made available by The Smith Visual.
ARTICLE 3 : FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by The Smith Visual, whether the order is placed by Internet, e-mail or telephone.
ARTICLE 4 : ORDER
CAPACITY TO ENTER INTO CONTRACT
Every Customer of the The Smith Visual company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
The Smith Visual reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.thesmithvisual.com site. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer's ticking the box "by agreeing to this purchase I agree to all the terms and conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone or e-mail also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
PLACING OF AN ORDER
The individual Customer can place his order at The Smith Visual by Internet 24 hours a day, 7 days a week, or by telephone from Monday to Friday from 10am to 1pm and from 2pm to 6pm.
The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:
- clearly identify the products selected with the options of colors, sizes,… indicated on the www.thesmithvisual.com site;
- indicate the quantities requested;
- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;
- indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
- indicate the selected mode of delivery;
- finally, indicate the selected mode of payment.
Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with The Smith Visual in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.thesmithvisual.com site.
CONFIRMATION OF ORDER
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to The Smith Visual. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment check the status of his order by consulting the heading "My Account" on the www.thesmithvisual.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. The Smith Visual thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. The Smith Visual endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of The Smith Viusal in order to be informed of the stage of his order.
PROOF OF THE ORDER
The computerized registrations, preserved in the information processing systems of The Smith Visual company under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5 : INFORMATION ON THE PRODUCTS
CHARACTERISTICS OF THE PRODUCTS
The information, characteristics, photographs and graphics presented on the sites or in the emails sent are given only on a purely indicative basis. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of The Smith Visual. The Smith Visual will make its best efforts to ensure that the photographic representation of the products on the www.thesmithvisual.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
The Smith Visual will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. The Smith Visual cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
AVAILABILITY OF THE PRODUCTS
The Smith Visual is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, The Smith Visual is committed to informing the Customer as quickly as possible. The Smith Visual reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. The Smith Visual carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and e-mail.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mention of delivery times, such as "in stock" or "immediate", "4 to 8 days", "1 to 2 week", "4 to 6 weeks", "Product not available" etc.
Delivery times indicated in the product page details are estimated times when the product(s) are not available in The Smith Visual stocks. They may thus be susceptible to variations for which the Customer will be informed by The Smith Visual in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
If The Smith Visual cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
The Smith Visual cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
ARTICLE 6 : PRICES
Prices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site also appear in dollars and pounds sterling, but the price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.
Since the prices charged by The Smith Visual suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.thesmithvisual.com site.
Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown on the site without taxes. If you are asked to pay customs duties, please note that the customer is responsible for payment of any import taxes requested in the country of delivery.
ARTICLE 7 : PAYMENT
MEANS OF PAYMENT
The Customer can pay his order online by all major credit cards, ApplePay or bank transfer. The Customer guarantees The Smith Visual that they have the necessary authorization to use the mode of payment chosen by them, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
The Smith Visual uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator.
The Smith Visual company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. The Smith Visual company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by letter or email to The Smith Visual company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
INVOICE
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by The Smith Visual does not act as an invoice. The Customer has the original of the invoice in his online account.
The Smith Visual preserves an electronic example of each invoice.
TRANSFER OF PROPERTY
The Smith Visual remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ARTICLE 8 : DELIVERY
DELIVERY ZONES
The geographical area of delivery for items from the The Smith Visual online boutique is as follows:
- Metropolitan France, Corsica, Monaco
- Europe
- Rest of the world: The Customer can contact the Smallable customer services to have more information on delivery conditions to a specific country in the world.
DELIVERY SERVICES
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to The Smith Visual. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
The Smith Visual cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
DISPATCHING TIMES
Orders placed online via the www.thesmithvisual.com site are dealt with each day from Monday to Friday, except public holiday. The Smith Visual does its utmost to treat and dispatch any order received before 11am the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require up to 7 business days. Products that are created to order will have the relevant delays clearly stipulated on the product page. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
The Smith Visual informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, The Smith Visual will dispatch the order as of reception of the whole of the products which comprise the order. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
TRANSPORT TIMES
Transport times depend on the transporter and the place of delivery.
The Smith Visual informs Customers of the delivery times on a purely indicative basis, as given by the transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
The Smith Visual informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
DELIVERY TIMES
Delivery times may be considered to be the following:
- If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph).
- If the products are not immediately available, then delivery time equals dispatching time plus transport time plus times of delivery by The Smith Visual's suppliers.
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to The Smith Visual. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
DELIVERY METHODS IN METROPOLITAN FRANCE
- Delivery by DHL Express (usual delivery time of 24h-48h)
This method of delivery makes it possible for the Customer to receive his parcel in 24-48 hours as from the time of dispatch thanks to DHL (excluding processing and preparation time of the order which can take from 1 to 2 days). The deliveries are carried out from Monday to Friday, except public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.
The parcel is dealt with by DHL and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address with the date of his next visit. The Customer can call DHL customer service to fix a new delivery date which is more appropriate for him. After 3 unsuccessful visits to the delivery address, the parcel is deposited at the nearest DHL agency.
The delivery times mentioned here are those which are usually experienced. No refunding of the delivery charges will be given in the event of delivery taking longer than those times indicated.
METHODS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
In Europe and abroad, delivery is carried out via DHL Express The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
PACKAGING
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
The Smith Visual reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as The Smith Visual of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by The Smith Visual.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact The Smith Visual Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by The Smith Visual. Under these conditions, The Smith Visual accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Smallable's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, The Smith Visual will refund the amount paid for the products concerned lost by the transporter.
DAMAGED PARCELS
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify The Smith Visual by email so that The Smith Visual can take the necessary measures as quickly as possible.
ARTICLE 9 : RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
9.1 Legal withdrawal period
In accordance with the provisions of Articles L.221-16 and following of the Consumer Code, Customers have a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Items to exercise their legal right of withdrawal and notify The Smith Visual of their intention to return the said Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items. Form available in GTC Article 9.4.
A return request can be made by clicking the link in the customer order confirmation email “to request a return or refund click here” or by contacting The Smith Visual via the contact form, by email, or by phone +33(0)648905589.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Client who can request a credit, valid for six (6) months from its issue. The refund will be made upon receipt of the goods returned by the Customer to the address indicated on the return receipt. Banking delays may apply.
In accordance with Article L.221-23 of the Consumer Code, the right is exercised by the return of the Article, only shipping costs remain the responsibility of the Customer.
Customers can benefit from a return certificate in accordance with Article 15 hereof, and (2) in case of non-compliance of the delivered Items with the Order (in this case, the return costs will be borne by The Smith Visual).
The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.
9.2 Items excluded from the statutory withdrawal period
In accordance with Article L.221-28 of the Consumer Code, for the Ordering of Items which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer has no right of withdrawal to return the Order. This includes goods whose original packaging has been unsealed, including any Cosmetic Items that have been opened or damaged by the Customer after Delivery, as these cannot be returned for reasons of hygiene and health.
9.3 Agreed withdrawal period
In order to ensure the satisfaction of its Customers, The Smith Visual accepts the return using the provided shipping label to the address indicated by the Customer Service or the delivery note of the relevant Article, for a period longer than the legal withdrawal period referred to above. As such, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.
9.4 Procedures for exercising the right of withdrawal
The Customer only needs to choose one of the following methods:
The return request can be made: - By connecting to The Smith Visual site, in the “Orders” section of My Account: just check the product and the quantities you wish to return, fill in the reason for the return and confirm by clicking on “Validate your return request”.
- By contacting the customer service, via the contact form, e-mail or phone, which will indicate to the Customer the procedures to follow. In particular, the Customer may use the withdrawal form below.
Model of withdrawal form (please complete and return the form and your order number only if you wish to withdraw from the contract.
We also advise you to specify your purchase order number) The Smith Visual- 149, avenue du Maine, 75014 Paris France Email: contact@thesmithvisual.com
I hereby notify you of my withdrawal from the contract for the sale of the Item below:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Purchase Order number: […………………………………..……………………]
Name of the consumer(s): [………………………………………………………………]
Name of the consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Signature of the consumer(s) (only in case of notification of this paper form) Date: [……………………………………]
The Smith Visual suggests to Customers to return their products using the provided DHL return slip or by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return. The return is the responsibility of the customer, who is free to choose the shipping method.
Return address of the Parcel:
The Smith Visual
131 avenue du Verdun
83600 Fréjus
FRANCE
If the Customer fails to meet the deadlines, The Smith Visual will not refund the Customer.
Only Items returned in their original packaging in perfect condition for resale (shoe box, laminated pouches...) will be accepted. As a result, returned clothes washed and/or worn, as well as damaged boxes will be refused.
Retraction can never be exercised if the items delivered are items that have been, even partially, washed, soiled, damaged or used. Similarly, the Items returned incomplete, damaged or soiled by the Customer will not be returned nor exchanged.
The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by The Smith Visual. The Customer is therefore strongly encouraged to use this return voucher.
The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items.
Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer.
ARTICLE 10 : GUARANTEES, MEDIATION, CLAIMS
GUARANTEES
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof cannot deprive Customers of the legal guarantee which obliges the professional salesman to guarantee them against all the consequences of latent defects of the sold article. Customers are expressly informed that The Smith Visual is not the manufacturer of the products presented on the website www.thesmithvisual.com , within the meaning of the Law n°98-389 of 19 May 1998 relating to the responsibility of the defective products. Consequently, in case of damage caused to a person or a good by a defective product, only the responsibility of the manufacturer can be sought by the Customer, on the basis of the information indicated on the packaging of the said product. In addition, the Company reminds that the products, services and information offered by The Smith Visual do not replace, in any way, constant monitoring by adults. The Smith Visual cannot be held liable for non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to verify with the local authorities the possibilities of importing or using the products or services that you intend to order.
CLAIM/MEDIATION
All claims should be sent beforehand by mail under the heading “Customer Service” of the Site or by phone call to the Customer Service.
Contact address: contact@thesmithvisual.com
Phone: +33 648905589
If applicable, the refund will be made within 14 days of receipt of the Article by The Smith Visual, depending on the payment method chosen during the Order, either on the credit card used for payment, or by bank transfer. These provisions are not exclusive of the aforementioned right of withdrawal.
It is specified that The Smith Visual adheres to the Code of Ethics of the FEVAD (“Fédération du E-Commerce et de la Vente A Distance”, Federation of E-Commerce and Distance Selling) and to the e-Commerce Mediation system of this federation.
The Customer can therefore contact the FEVAD (“Fédération du E-Commerce et de la Vente A Distance”, Federation of E-Commerce and Distance Selling) mediation service by clicking on this link: http://www.fevad.com/espace-consommateurs/les-reclamations-et-les-recours#topContent
In addition, in accordance with Article L.616-2 of the Consumer Code, The Smith Visual informs the Customer of the existence of the platform published online by the European Commission which aims to collect claims from any purchase of European consumers online and then forward the cases to the competent national ombudsmen. Please use the following link: http://ec.europa.eu/consumers/odr/
ARTICLE 11 : RESPONSIBILITY
The products on offer confirm to French legislation in force and applicable to norms in France.
The Smith Visual cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. The Smith Visual cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the www.smallable.com site. Smallable refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ARTICLE 12 : FORCE MAJEURE
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:
- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or network works not under control of the Customer.
ARTICLE 13 : PERSONAL DATA
Visitors or Customers of the www.thesmithvisual.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French "data-processing & freedoms" law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, The Smith Visual invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
The Smith Visual is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
The Smith Visual may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, The Smith Visual can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the The Smith Visual site at any time.
The Smith Visual uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course.
ARTICLE 14 : INTELLECTUAL PROPERTY
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorisation by The Smith Visual. Any total or partial reproduction of The Smith Visual catalogue is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the www.thesmithvisual.com site must request authorisation from The Smith Visual. An authorisation given by The Smith Visual will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from The Smith Visual, this link will have to be removed.
ARTICLE 15 : ENTIRETY OF CONDITIONS
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between The Smith Visual company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.thesmithvisual.com site.
ARTICLE 16 : DURATION AND APPLICATION
The present Conditions apply throughout the time of all online services offered by The Smith Visual company. They can be modified at any time by The Smith Visual. The Conditions applicable are those in force on the date of the registration of the order.
ARTICLE 17 : TERRITORIALITY AND APPLICATION LAW
The sale of products of The Smith Visual company are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between The Smith Visual and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Paris.
LEGAL NOTICE
This website is edited and provided by The Smith Visual s.a.r.l with a capital of €500
Head office: 149 avenue du Maine, 75014 Paris, France
Registered at the Trade and Companies Register of Paris under the number 980 675 144
Intra-Community VAT N°: FR21980675144
Siret N°: 98067514400011
APE Code: 9003B
Publishing director: Sophie Brazier-Smith
The entire website is an exclusive property of The Smith Visual. No reproduction or representation can be done without a preceding written consent from The Smith Visual. Despite the careful work done for the realisation of this website and its regular update, occasional errors might occur in certain provided information and/or presented documents. Unfortunately The Smith Visual cannot guarantee the exactitude, the precision or the completeness of available information on the website and therefore under no circumstances will the editor be held responsible for any errors. If you do notice any errors, please bring it to our attention via our contact formand we will then make sure to make the appropriate changes. The Smith Visual reserves the right to correct the content at any moment, without prior warning.
Personal data registered on this website is stored and used in compliance to the law of January 6th, 1978, regarding informatics and liberty. The users of this website have the right to access, correct and delete their own information that can be asked to:
The Smith Visual
149 avenue du Maine
75014 Paris
France
PRIVACY POLICY
The Smith Visual returns the trust you show in providing some of your personal data by striving to protect it and keep it confidential.
This Privacy Policy describes the principles followed by The Smith Visual in the collection, processing and storage of your personal data and the guarantees of your rights regarding this data (confidentiality, access, security):
Who is responsible for processing your data?
What data do we collect?
Why do we collect your data?
For whom is your data intended?
For how long do we keep your data?
What are your rights?
How do we protect your data?
Our cookie policy
1. WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?
The company The Smith Visual s.a.r.l, with registered office at 149 avenue du Maine, 75014 Paris, registered with the Paris Trade and Companies Register under number 980675144 is responsible for the processing of personal data collected on the website www.thesmithvisual.com (the Website).
2. WHAT DATA DO WE COLLECT?
The term “Data” refers to any personal information that may be used to identify you as an individual and that you provide to the Processing Manager to register on the Website and create an account, receive information or proceed with a online order.
Only the data necessary for the successful execution of our e-commerce and retail activity, involving the items and services offered on the Website www.thesmithvisual.com.
The personal data we collect includes:
your details (title, surname, first name, email, telephone number, full address, etc.),
your delivery information (surname/first name, street, postcode, town/city, country, delivery comments, etc.)
your personal preferences, including your marketing preferences (subscriptions to our newsletters, language, etc.) and cookies (technical information: technical logs, IP address, etc.),
information about the products you have viewed,
bank payment data,
your order history,
a record of emails exchanged with customer service.
The creation of an account on the Website requires the creation of a password. This password is encrypted and is known only by you. We are not able to access it. Should you forget your password, a link to set a new password will be sent to your contact email.
3. WHY DO WE COLLECT YOUR DATA?
The processing of your personal data allows us to provide you with the Website’s services, to improve our services and to maintain a secure environment.
Your data is processed for the following main purpose:
to carry out the transactions relating to our commercial relationship (orders, payment, deliveries, invoices, accounting, satisfaction surveys, customer service, loyalty programme, etc.);
And more specifically for :
• the management of your Account, your registration and your connection to our site, as well as the provision of the services to which they give access respectively (online ordering, private sales, sending of newsletters, etc.);
• the management of your orders;
• the management of the delivery of your orders;
• the management of our customer relationship and your complaints;
• the creation of a customer database for customer loyalty, prospection, promotion and market research activities (improving your user experience and our services), in accordance with the regulations in force;
• ensuring a personalised browsing experience on the Website: making our Website easier to use and adapting our products and services to your interests and needs (proposal of related products based on gender, record of last products viewed, personalised recommendations);
• statistical purposes;
• The Smith Visual’s compliance with its legal obligations as a publisher of electronic communication services for the public online (preventing or detecting fraud or abuse, handling security incidents, uses and violations of our general terms of use, improving browsing conditions, etc.).
4. FOR WHOM IS YOUR DATA INTENDED?
The personal data collected is processed by the in-house staff at The Smith Visual to provide you with the services you request and in accordance with the defined purposes.
The Smith Visual agrees not to sell your personal data to third parties.
The Smith Visual may need to transfer your personal data to certain service providers and partners that help The Smith Visual provide and improve its services, such as:
Logistics and delivery provider (carriers, couriers),
Technical provider (internet service providers, companies specialising in computer and telematic services),
Payment provider (banking operators),
Marketing provider (companies engaging in marketing activities [including social media organisations], companies specialising in market research and data processing, call centre companies, publishing and distribution companies).
In its capacity as controller, The Smith Visual ensures that all of its service providers and partners, subcontractors or co-processors comply with the General Data Protection Regulation (GDPR) and, in particular, implement all technical and organisational measures possible to ensure the confidentiality and security of your data.
Where these partners are located outside the European Union, The Smith Visual shall take all appropriate measures to ensure the security of such data transfers through one of the following measures:
either by obtaining your express and unequivocal consent to share your personal data with these third parties,
or by entering into data transfer agreements containing the standard European Commission clauses or by imposing the provisions of Article 28 of the General Data Protection Regulation.
5. FOR HOW LONG DO WE KEEP YOUR DATA?
In accordance with the legislation and regulations in force, we do not keep your data beyond the period strictly necessary for the purposes set out above. This period varies depending on the purpose of the processing.
At the end of this retention period, your data will be permanently erased or irreversibly anonymised.
Data from your customer account and your loyalty program
5 years from the end of the relationship with the Website. This period starts from the last order, from the last connection to your customer account, from the last call to customer service, from an email sent to customer service, from when you click on a link sent in an email from The Smith Visual, or from when you place a product in the basket without fulfilling the purchase.
At the end of these 5 years, an email asking if the customer wishes to continue to receive commercial communication will be sent. Should there be no response or a negative response, the customer’s data will be permanently deleted or anonymised.
Purchase data
Billing data retained until the end of the corresponding financial year and the legal retention period (10 years).
Payment data
Payment details retained until certification of payment and completion of the relevant administrative and accounting formalities with regard to your right of retraction and the conditions applied for disputing the payment.
Subscription to advertising communications
Data retained for this purpose until the end of the service or until you cancel your subscription to the service, which can be carried out at any time (by clicking on the "unsubscribe" link at the end of our newsletters).
6. WHAT ARE YOUR RIGHTS?
In accordance with the applicable regulations, you have the right to query, access, modify, limit, rectify, delete and oppose your personal data, as well as the right to define instructions regarding the use of your data after your death.
You may retract your consent to receive our commercial information at any time.
You may request to receive a copy of any personal information in our possession.
You can exercise the rights above by contacting us:
The Smith Visual s.a.r.l
Data Protection
149 avenue du Maine
75014 Paris
Contact@thesmithvisual.com / +33648905589
In accordance with regulations, you can lodge any complaint with the competent supervisory authority in France: CNIL - 3 Place de Fontenoy, 75007 Paris.
7. HOW DO WE PROTECT YOUR DATA?
We ensure the security of your personal data by providing enhanced protection, through the use of specific technical and organisational security measures, to prevent your personal data from being used illegally or fraudulently.
We make sure that your personal data is not disclosed, misrepresented, damaged or altered and that unauthorised third parties do not have access to it.
We train our employees and collaborators in the importance of confidentiality and personal data protection. We limit the number of employees with access to your data to those who directly contribute to providing you with quality services.
8. OUR COOKIE POLICY
We use various cookies on the Website to improve its interactivity and our services.
8.1 What is a cookie?
A cookie is a file of limited size, generally consisting of letters and numbers, sent by the internet server to the browser’s cookie folder, located on your computer’s hard drive.
8.1 Which cookies do we use?
We use various types of cookies, the purposes of which are described below.
Cookies strictly necessary for the site to function
These cookies are essential to browse our Website (such as session IDs); they allow you to use the main features of the Website and secure your connection.
They allow you, for example, to directly access the reserved and personal areas of our Website, thanks to identifiers or data that you may have previously provided. Without these cookies, you will not be able to use the Website normally; we advise you not to delete them.
Functionality cookies
These cookies are not essential to browse our Website, but optimise its operation and give you access to specific features.
They also allow you to adapt the layout of our site to your device’s display preferences. These cookies ensure a smooth and customised browsing experience.
Placing cookies on your device is the easiest and fastest way to personalise and enhance your user experience.
Analytical cookies
These cookies allow us to analyse the use and performance of our site, to establish statistics, visit numbers and volume of use of the various elements of our site (content visited, routes), thus allowing us to improve the relevance and ergonomics of our services.
Sharing cookies (social links)
Our site contains links to Facebook, Twitter, Instagram, Pinterest, and other similar social networks that allow you to share content from our Website with others. When you use these share buttons, a third-party cookie is installed. If you are connected to the social network as you visit our Website, the share buttons make it possible to link the content viewed to your user account.
We invite you to consult these social networks’ privacy policies to learn the purposes, especially advertising-related, of the browsing information they collect through these application buttons.
Advertising cookies
These cookies are used to offer advertising that is tailored to your interests, both on our Website and on others. They are used to limit the number of times you see an advertisement and help to measure the effectiveness of an advertising campaign.
The advertising content displayed on your device can also be made relevant by combining browsing information on our Website from your device with the data you have provided.
The refusal of these advertising cookies has no impact on the use of our Website. However, refusing them will not stop advertising on our Website or on the internet; this will only result in advertisements that do not take into account your interests or your preferences.
These cookies are mostly third-party cookies and depend mainly on advertising agencies.
9. GOOGLE reCAPTCHA
The site is protected by reCAPTCHA and the Google Privacy and Terms of Serviceapply.
10. HOW CAN YOU CONTACT US?
The Smith Visual sa.r.l
Data Protection
149 avenue du Maine
75014 Paris
Contact@thesmithvisual.com / +33648905589
Updated 24 January 2024