TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE AND USE

1.               General provisions

Stamp is a limited liability company with a share capital of 5,000 EUR, registered with the Paris Trade and Companies Register under the number 909 930 869, and its registered office is located at 19 Marignan Street, 75008 Paris (France). Its intra-community VAT number is FR92909930869.

Stamp is a concept store offering unique, rare, and coveted luxury products, limited edition collections from the world's most famous brands to creative pieces from talented new designers. Stamp specializes in online sales of luxury leather goods, primarily second-hand branded bags in "like new" condition or vintage. Stamp owns and operates the Stamp website (accessible at the address stamp-paris.com), through which customers of Stamp can order all the items it offers. 

2.              Definitions

In these general terms and conditions of sale, words or expressions starting with a capital letter shall have the following meanings:

Item(s): Refers to all luxury items offered for sale on the Website.

Client: Refers to any individual, acting as a consumer, who purchases an Item sold on the Website under the terms agreed herein.

General Terms and Conditions of Sale: Refers to this document.

Party(ies): Refers individually to the Client or the Company and collectively to both the Client and the Company.

Website: Refers to the Stamp website owned and published by the Company.

Company: Refers to the Stamp company. 

3.              Subject

The present General Terms and Conditions of Sale primarily aim to outline their scope of application as well as the conditions for their acceptance. They also specify the conditions under which the Items are sold on the Site.

Furthermore, they provide information on the ordering and payment procedures for these Items, as well as the conditions for their delivery and return. They also address the limitation of the Company's liability.

4.              Scope of Application and Acceptance Conditions

These General Terms and Conditions of Sale automatically apply to the contractual relationships between the Parties.

Any order of Items on the Website presupposes the prior, express, and unconditional acceptance of these terms by the Customer, under the conditions set forth in Article 6.1 herein.

 

5.              Items

The Company offers a selection of Items for online sale through the Website. The Company reserves the right to modify this selection at any time. Furthermore, this selection is valid subject to stock availability.

The characteristics of the Items are detailed on the Website through dedicated pages containing comprehensive descriptions.

The Items are also visually presented through photographs, and the Items shipped always conform to the photographs and descriptions displayed on the Website.

 

6.              Orders

6.1.           Steps

 The purchase of an Item involves the following:

  • Selecting an Item to add to the "Shopping Cart" and validating it for payment (by clicking on the "PROCEED TO CHECKOUT" button) after the Customer has reviewed the order summary.

  • The Customer must identify themselves:

(i) As a guest, without creating a personal account, by providing the following personal information to the Company (before clicking the "Continue" button): name, first name, email, phone, address. The Customer must also specify whether their billing and delivery addresses are the same.

(ii) By creating an account if they don't already have one. In this case, the Customer must provide personal information through the form on the Website, including the following (before clicking the "Continue" button): name, first name, email, phone, password, address. The Customer must also indicate whether (i) they wish to subscribe to the Company's newsletter and (ii) their billing and delivery addresses are the same. Finally, they must accept the Website's terms of use, including the Website's privacy policy, by checking the designated box.

(iii) By logging into their existing account on the Website. In this case, the Customer must enter their email and password before clicking the "Login" button.

The Customer must then provide the Company with their delivery information (if it differs from their billing information) using the dedicated form on the Website, before clicking the "Continue" button.

The automatic selection of the delivery method at the rate indicated by the Company, determined based on the ordered Article and the delivery location, before clicking the "Continue" button once more.

The selection of a payment method (bank transfer, credit card) and the express and unconditional acceptance of the General Terms and Conditions of Sale by the Customer at the end of the selection form, by checking the designated box.  

6.2.           Order Confirmation by the Customer

After following these various steps, the Customer confirms their order one last time by clicking on the "Confirm Order" button.

If they have chosen to pay by credit card, the Customer is redirected to a payment page for their order. They must then provide all the necessary payment information, following the instructions provided on the Website.

If they have chosen to pay by bank transfer, the Customer must contact customer service at the following email address: contact@stampparis.fr. They should include the following information: Name, First Name, address, a visible and clear photo or scan of an identity document, bank account details, the reference of the exact desired item, and the choice of the delivery method.

6.3.           Automatic Order Confirmation

Once the Customer has completed their order, they receive an automatic confirmation of their order by email, sent to the address provided by them at the time of order validation or account creation (provided that a valid and error-free email address has been provided).

This automatic confirmation is subject to final validation by the Company, as described in Article 6.4 herein. 

6.4.           Final Validation of Orders by the Company

The Company reserves the right not to proceed with an order:

  • When the bank responsible for processing the payment for the order demonstrates an inability to process the Customer's payment.

  • If there is an abnormal request in terms of content, frequency, or bad faith on the part of the Customer.

  • More generally, in cases of legitimate reasons as provided by Article L. 121-11 of the Consumer Code (France).

In the event that the Company does not accept the Customer's order for any of the aforementioned reasons, the Customer will receive an email (sent to the email address provided by them at the time of order validation or account creation) informing them that their order has been canceled and that they will not be charged for its amount or will be refunded as soon as possible. 

6.5.           Right of Withdrawal

In accordance with current legal provisions, especially Article L. 221-18 of the Commercial Code (France), in the context of a distance purchase, the Customer has a withdrawal period of 14 clear days starting from the day they receive the Item(s) from their order.

Information regarding the Customer's right of withdrawal is provided in the standard information sheet on the right of withdrawal attached hereto (Annex 1).

7.              Prices and payment

7.1.           Prices 

The prices of the Items offered by the Company are fixed.

These prices are displayed on the Website and are stated in euros. They can be either exclusive of tax or inclusive of tax, depending on the Customer's geographical location. These prices are final and non-revisable, and they do not include delivery charges (which are specified to the Customer at the time of the automatic selection of a delivery method).

The price is paid in accordance with the provisions of Article 7.2 herein. 

7.2.           Payment 

Payment for an Item(s) is made (by bank transfer, PayPal, or credit card) using secure payment services. 

8.              Delivery 

8.1.           Taking Physical Possession of the Item and transfer of risks

Delivery refers to the transfer of physical possession of the Item, the subject of the relevant order, to the Customer.

It is specified that, in accordance with the provisions of Article L. 216-4 of the Consumer Code (France), any risk of loss or damage to the Item, the subject of the relevant order, is transferred to the Customer at the moment when the Customer or a third party designated by them physically takes possession of that Item. 

8.2.           Delivery terms 

The delivery method and its cost are automatically determined by the Company, based on the ordered item and the delivery location.

The delivery method and its cost are communicated to the Customer in accordance with the conditions defined in Article 6 herein. 

8.3.           Delivery times 

The Company delivers the item ordered by the Customer on the date or within the timeframe indicated to the Customer.

In the absence of an indication or agreement regarding the delivery date, the Company shall deliver the ordered goods without undue delay, no later than thirty days after the order confirmation.

In accordance with the provisions of Articles L. 216-2 and L. 216-3 of the Consumer Code (France), in case of the Company's failure to fulfill its obligation to deliver the ordered item within thirty days, the Customer may terminate the contract concluded with the Company for this purpose by registered letter with acknowledgment of receipt or in writing on another durable medium if, after having, in the same manner, instructed the Company to perform the delivery within a reasonable additional period, the Company has not fulfilled its obligation within that period.

The contract is then considered terminated upon receipt of the said letter or written notice by the Company, unless the Company has fulfilled its obligation in the meantime.

When the contract is terminated under these conditions, the Company shall reimburse the Customer for the full amount paid, no later than 14 days following the receipt of the contract termination notice by the Customer.

8.4.           Delivery zone

Items can be delivered in France as well as internationally.

 

8.5.           Responsibility and Compensation

In case of an error by the Customer in providing their delivery information or incomplete information, the Company cannot be held responsible for the impossibility or delay of delivery. In such circumstances, no refunds will be provided.

The same applies in the event of the Customer's absence to receive their items at the agreed location and time. In this case, the delivery person authorized by the Company will leave a delivery notice, if conditions permit.

Furthermore, the Company informs its Customers that deliveries are only made with a handover to the carrier. 

 

9.              Receiving the Items

In accordance with the provisions of Article L. 133-3 of the Commercial Code (France), in the event of damage or partial loss of the items ordered during transport, the Customer must notify the Company and the carrier by extrajudicial act or by registered letter with acknowledgment of receipt, no later than three (3) days, excluding holidays, from the date of receipt.

 

If no claim or reservation is made within the aforementioned conditions, the said items can no longer be returned or exchanged by the Company, and no recourse can be taken against the carrier. 

 

10.            Retention of Ownership

The Company retains full ownership of the purchased items until the Customer has fulfilled all of their obligations, particularly until the full payment of the price.

 

11.             Return

11.1.          Right of withdrawal 

Requests to exercise the right of withdrawal should be addressed to the Company's customer service: (i) by email (at the address: contact@stampparis.fr); (ii) by postal mail (at the address: 19 rue de Marignan – 75008 Paris (France)).

These requests should include certain personal information of the Customer (name, first name, phone number, email address), the name of the order recipient and their delivery address, the date and place at which the right of withdrawal is exercised, and the specific item in question.

Requests made by email or by mail can be made using the dedicated form provided as an attachment to this document (Annex 2).

The items on which the right of withdrawal can be exercised must be returned complete and in their original condition and packaging.

11.2.         Legal Warranties of Conformity and Hidden Defects

 In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is obligated to deliver a product that conforms to the description of the item as displayed on the website. If this is not the case, the Customer may request a refund for the item or its replacement.

The Customer may also choose to invoke the warranty against hidden defects of the item as provided for in Articles 1641 and following of the Civil Code (France).

If the Customer exercises the legal warranty of conformity or the warranty against hidden defects, the Company will refund the Customer as per the conditions specified in Article 14 herein or replace the affected item.

The item subject to the Customer's request must be returned to the Company in its original packaging and unused.

In any case, the Customer can only obtain a refund or replacement of the item if the non-conformity or hidden defect is established and confirmed by the Company under the aforementioned conditions.

 

12.            Obligations 

12.1.         Customer’s obligations 

Before confirming any order, the Customer commits to providing accurate and truthful information about themselves.

Additionally, to place an order on the website, the Customer must have legal capacity.

12.2.         Company’s obligations

The Company strives to provide on the website the most reliable and high-quality information about the items.

Furthermore, before dispatching any item, the Company verifies its conformity with the Customer's order.

 

13.            Exclusions from warranties 

No warranty, whether legal or conventional, covers potential defects affecting the items or their characteristics, as well as direct and indirect damages suffered by the Customer or third parties due to the abnormal and non-compliant use of the said items beyond their normal intended use.  

 

14.            Refund 

14.1.         Right of withdrawal

In the event of returning a Product, under the conditions specified in Article 11.1 herein, the Company will refund to the Customer the cost of the said Product, as well as the delivery costs of the initial order, proportionally to the value of the returned Product in relation to the total order amount, except in the case of fixed delivery charges and any additional surcharges.

 

The Company will not, under any circumstances, reimburse the Customer for the return costs of the Products, in accordance with the provisions of Article L. 221-23 of the Consumer Code (France).

 

The refund will be made using the same payment method as used by the Customer for the initial order (credit card / bank transfer), unless otherwise expressly and in writing agreed between the Parties.

 

The refund will be made as soon as possible and no later than fourteen (14) days following the effective exercise of the right of withdrawal by the Customer.

 

However, this period may be extended by the Company until the receipt of the Products returned by the Customer to the Company's registered office address. When the fourteen (14) day period expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day.

 

Failure to comply with the conditions specified in Articles 6.5 and 11.1 herein will result in the Company not being able to refund the Customer.

 

The Product must be returned unused and complete in its original packaging with all its accessories and documents, labels, and seals duly attached, in packaging identical or similar to that of the shipment, and this must be done within a maximum period of 14 (fourteen) days from the date of sending the withdrawal notice. In all cases, the Product must be returned in the same condition as when it was shipped. The return shipping costs of the Product will then be the responsibility of the customer.

 

14.2.         Legal Guarantees of Conformity and Hidden Defects

In the event of returning a Product under the conditions specified in Article 11.2 herein, the Company will refund not only the cost of the said Product but also the transportation costs (delivery and return).

Any claim regarding a Product that is found to be non-compliant with the description must be submitted within a maximum period of 14 (fourteen) clear days from its receipt by the Buyer, to the competent services of Stamp via email or by registered letter with acknowledgment of receipt. The claim must be detailed and clearly indicate the reasons for dissatisfaction. Stamp undertakes to process each claim as promptly as possible on a case-by-case basis.

In any case, the Company will not provide any refund for either the Products or the delivery costs in the event of proven bad faith on the part of the Customer.

 

15.            Modification of the General Terms of Sale

The applicable General Terms of Sale are those in effect on the date when the order is validated by the Customer.

However, the Company may need to modify these terms at any time without prior notice, provided it informs its Customers of these changes upon their entry into force via email and/or by publishing the said modifications on the website it operates.

The Company will update the General Terms of Sale by indicating the date of the last update at the top right of these terms. 

 

16.            Intellectual Property 

All elements contained on the website owned and operated by the Company are protected by intellectual property laws.

As such, the Company exclusively holds all rights, titles, and interests, including all intellectual property rights related to the website, as well as any ideas, suggestions, improvement requests, feedback, recommendations, and other information that Customers and third parties may provide about the website.

Furthermore, the Company holds usage rights over all elements accessible on its website, including texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the website's elements, by any means or process, is prohibited, unless express prior consent is granted by the Company.

 

17.            Personal Data 

In accordance with Law 78-17 of January 6, 1978 (France), as amended by the laws of August 6, 2004, and June 20, 2018 (France), the Company commits to processing the personal data of its Customers solely for the purpose of fulfilling its obligations in the context of online sales of Products. In this regard, it is emphasized that the personal data requested from the Customer is notably necessary to validate any Product order and to issue invoices.

The Company also commits to ensuring the confidentiality of personal data processed in the execution of its obligations. Furthermore, since these data may be shared with the Company's partners responsible for order fulfillment, processing, management, and payment, the Company ensures that these partners provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that processing complies with the requirements of applicable regulations.

In accordance with current national and European regulations, the Customer has a permanent right of access, modification, correction, and objection with regard to the information concerning them. The Customer, subject to the presentation of valid proof of identity, can exercise these rights by contacting the customer service via registered mail with acknowledgment of receipt at the following address: 42, Avenue Montaigne – 75008 Paris (France).

If the Customer no longer wishes to receive news, solicitations (by phone, SMS, postal mail, or email), and invitations from the Company, they can indicate their preference via the dedicated link, update their choices by contacting the Company using the methods mentioned above, or, if applicable, by modifying the settings in their online account.

Finally, the Customer is informed that they have the option to register on the "do not call" list for telemarketing (www.bloctel.gouv.fr/).

For any additional information or complaints, the Customer can contact the CNIL (www.cnil.fr).

 

18.            Responsibility

The Company can only be held responsible for direct damages caused by its fault, the proof of which must be provided by the Customer. The compensation for the harm suffered by the Customer cannot exceed the amount owed by the Customer for the relevant Articles.  

 

19.                Force majeure

In the event of the occurrence of a force majeure event as defined in Article 1218 of the Civil Code, including but not limited to unforeseeable events such as epidemics/pandemics, strikes, labor stoppages, social unrest, factory closures, floods, fires, production or transport failures not attributable to its own actions, supply disruptions, wars, riots, insurrections, epidemics/pandemics, and, in general, any circumstance or event preventing the Company from properly fulfilling its obligations, the Company shall not be held responsible for it, provided that the Customer has been immediately informed and all necessary measures have been taken to mitigate its effects.

 

20.                Other

20.1.            Renonciation 

The fact that the Company does not enforce any of the provisions herein at a given time shall not be construed as a waiver of the Company's right to subsequently enforce any of these provisions 

20.2.           Validity / Severability

The nullity, unenforceability, or more generally, the ineffectiveness of any of the stipulations in the General Terms of Sale shall not affect the other stipulations, which shall remain perfectly valid and binding.

 

 

21.                Customer service

The Company's customer service can be reached:

  • by email:

    • for orders and all other inquiries at contact@stampparis.fr

  • by postal mail at Stamp SARL's address: 19, rue de Marignan – 75008 Paris (France).

22.                Amicable settlment of conflicts

Customer complaints should be made to the Company's customer service (contact information provided in Article 21 herein).

After submitting a complaint to the Company, in the event that an amicable agreement cannot be reached, the consumer Customer is duly informed that they have the right to seek mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code (France).

Regardless of which Party wishes to initiate mediation, they must first inform the other Party by sending a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.

The mediator for the Company is Devigny Médiation (11, rue de l'étang – 49220 Thorigne d’Anjou). The mediator can be directly contacted by following the link: www.devignymediation.fr.

Furthermore, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may also resort to the online dispute resolution platform accessible through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR.

23.                Applicable Law and Competent Jurisdiction

The General Terms of Sale are subject to French law.

Any dispute related to these terms shall be brought before one of the territorially competent courts under the Code of Civil Procedure.

The consumer Customer has the option to bring any dispute related to these terms either before the court in the location where the consumer resided at the time of contract conclusion or before the court in the location of the harmful event.

In any case, the consumer Customer is duly informed that they have the right to seek mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code (France) and Article 22 herein. 

 

24.                French and foreign versions

These General Terms of Sale are written in French and English. In the event of a contradiction or discrepancy, the French version shall take precedence over any other version written in a different language at the request of the Customer.

 

ANNEX 1: STANDARD WITHDRAWAL INFORMATION FORM 

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period will expire fourteen (14) days from the day on which you, or a third party other than the carrier and designated by you, physically take possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax, or email). You may use the withdrawal form template provided for this purpose, but it is not mandatory.

Requests to exercise the right of withdrawal are to be addressed to the Company's customer service: (i) by email (at the address: contact@stampparis.fr); (ii) by postal mail (at the address: 19, rue de Marignan – 75008 Paris (France)). Requests made via email or postal mail may use the withdrawal form provided in the annex hereto (Annex 2).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery, without undue delay, and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

ANNEX 2: WITHDRAWAL FORM

 

If the Customer wishes to exercise their right of withdrawal in accordance with the conditions specified in Article 11.1 of these General Terms of Sale, they have the option to use the form below.

 

To the attention of STAMP SARL

 

I hereby notify you of my withdrawal from the contract for the sale of the following Article(s):

 

Name(s) and reference(s) of the article(s):

Ordered on:

Received on:

Delivery address:

Order number:

Name and surname of the Customer who placed the order:

Address of the Customer who placed the order:

Phone number of the Customer who placed the order:

Email of the Customer who placed the order:

Name, surname, and address of the recipient of the order if different from the Customer who placed the order:

Customer's signature in case of submitting this form on paper:

Date:

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