The website www.sunnystudio.fr (hereafter called "Site") has been created by the company SAS LINEAIRE, a limited liability company under French law with a capital of € 10 000, the Registered Office of which is situated at 192 rue Saint Denis 75002 Paris.
Registered in Paris under no. 808 992 226.
Represented by Miss Lydie LIN (hereafter known as “Sunny Studio").
All the orders fulfilled on the Site are subject to the present General Terms & Conditions of Sale (hereafter "GTC"). Sunny Studio reserves the right to adapt or change at any time the present GTC, the version of the GTC applicable to any transaction being that which appears online on the website www.sunnystudio.fr at the time of ordering.
These conditions apply at the exclusion of any other general terms and conditions of sale or purchase. The act of placing an order implies the full and complete agreement with the present GTC
The GTC are applicable only to consumer customers, in other words any physical person under the age of 18 and having legal capacity or being holder of a parental authorisation allowing them to validly place an order on the Site and acting exclusively on their own account.
While recording their personal data in the "my account" section, the Customer must ensure the accuracy and completeness of the data they provide, these being indispensable for processing their order.
If there is any error, particularly in the wording of personal details of the recipient, Sunny Studio would not be held responsible for the impossibility of delivering the product ordered.
For security reasons, Sunny Studio reserves the right to cancel any order when the IP address of the computer used by the Customer comes from a different country from the billing and/or delivery address.
In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and the prices of products offered for sale by Sunny Studio are available on the Site.
Sunny Studio shall take the utmost care in presenting and describing its products to best satisfy the information from the Customer. Nevertheless, it is possible that insubstantial errors may appear on the Site, which the customer acknowledges and accepts. The information is provided purely as an indication.
Furthermore, photographs present on the Site are not contractual.
Whatever the circumstances, if the product supplied does not correspond to its description on the Site, the Customer will be able either to exercise their right to withdraw or implement the conformity guarantee of Sunny Studio, who will thus proceed, as the case may be, at its discretion, to exchange it or refund any price (in whole or part) charged.
The Client shall receive information provided by Articles L. 121-8 and L. 121-19 of the Consumer Code, in advance and after the conclusion of the sales and, in particular, by means of the present GTC.
Ordering on the Site is subject to complying with the procedure set up by Sunny Studio, realised by a succession of different stages that the Client must absolutely follow to check and confirm their order. The Customer will have the opportunity, before final confirmation of their order, to check the detail of the order and its total price, and to check any errors before confirming this by expressing their acceptance.
Any order confirmed by the Customer is deemed to be a contract of sale and acceptance of all the stipulations of the present.
In accordance with Article L. 122-1 of the Consumer Code, Sunny Studio will be able to refuse any order of a Customer if it is abnormal, made in bad faith or for any other reason, particularly if there is a dispute with the Customer or an incident relating to payment of a later order or which contravenes the provisions of the present. Should this happen, Sunny Studio shall inform the Customer of this by e-mail. If the Customer does not proceed with correcting erroneous elements or elements contrary to the present GTC. Sunny Studio reserves the right not to process their order.
A confirmation e-mail summarising the order (products, price, availability of products, quantity, etc.) will be sent to the Customer by Sunny Studio forthwith, once the order has been confirmed by the Customer.
Thus, the Customer formally accepts the usage of e-mail to confirm the content of their order. Whatever the circumstances, bills will be issued during delivery on paper and in electronic format (PDF).
Sunny Studio undertakes to honour the order within the limit of available stocks. If they are not available, Sunny Studio undertakes to inform the Customer of this as soon as possible.
The price of products sold on the Site is indicated respectively by article and reference. The prices of products are indicated in Euros, inclusive of all taxes, but not including postage & packing. The total price of the order (not including taxes outside the EU / including postage & packing) is indicated in stage No. 5 of the payment.
Sunny Studio reserves the right to change its prices at any time. The products will be billed for on the basis of the rates in force at the time the order is recorded, subject to availability.
Any telecommunications costs inherent to accessing the Site shall remain the sole responsibility of the Customer. The period of validity of provisions and prices is determined by updating the Site. Sunny Studio shall not refund any difference in price between the time when the order is placed and a subsequent price drop.
The products are payable from the effective date of the order. Payment for purchases is made by:
The Customer chooses the mean of delivery on the Site when the order is placed.
ARTICLE VI - WITHDRAWAL RIGHT
The individual Customer has a right of withdrawal that they may exercise for whatever reason within a deadline of fourteen (14) clear days from the delivery of the order which will be exercised by returning, at their expense, the new products (in their original packaging, unworn, unwashed) accompanied by the order number to the following address:
Sunny Studio192 rue Saint Denis75002 ParisFRANCE
To receive the form, please contact customer service by clicking here and return the package at the address below:
Sunny Studio shall refund the Customer the amounts already paid (including postage), excluding the costs of return, under the conditions laid down in Article VII below.
ARTICLE VII - REFUNDS
Refunds of products based on Article II and VI will be made by Sunny Studio within a maximum deadline of 30 days after they receive the said products. The refund will be made following the same method of payment chosen by the Customer at the time of ordering. No exchange or credit will be made.
ARTICLE VIII - GUARANTEES
The stipulations of the present GTC are notwithstanding legal guarantees, and in particular the guarantee against hidden defects mentioned in Article 1641 and following of the Civil Code.
Articles L.211-4 of the Consumer Code: "The seller is bound to deliver goods in accordance with the contract and respond to faults of conformity existing during the delivery. They will also respond to faults in conformity resulting from the packaging, installation instructions or installation when this has been made their responsibility or has been undertaken under their responsibility."
Article L.211- 5 of the Consumer Code:
"To be in accordance with the contract, the goods must:"
Article L.212-12 of the Consumer Code: "The action resulting from the lack of conformity is specified by two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is responsible for guaranteeing against hidden faults of the item sold which makes it unsuitable for use for which it is intended, or which diminishes this usage in such a way that the buyer would not have acquired it, or would have only paid a lower price, if they had known."
Article 1648 para. 1 of the Civil Code: "The action resulting from latent defects must be initiated by the acquirer within a period of two years from the discovery of the defect.”
ARTICLE IX - APPLICABLE LAW
Any order will bind, within the full force of the law, the customer to the GTC.The GTC are controlled by French law.
In case of any dispute, only the French Courts will be competent. In case of difficulty or complaint on the occasion of an order, the Customer can approach Customer Service to find an amicable solution.
ARTICLE X - INFORMATION TECHNOLOGY AND RIGHTS
The information collected by Sunny Studio when a Customer places an order are needed for the administration of the transaction and, to this end, will be able to be communicated in whole or in part to the service providers of Sunny Studio working in the context of fulfilment of the order.
The Customer is informed that this same personal data may also be collected by a body responsible for analysing the orders and to combat banking card fraud.
In accordance with the provisions of the Law No. 78-17 of 6 January 1978 called "Information Technology and Rights", the Customer has at any moment a right to access, correct, change and delete personal data concerning them if these data are incorrect, incomplete, doubtful or out of date.
The Customer also has the right to oppose, for legitimate reasons, this personal data concerning them being processed. Nevertheless, such an opposition will make fulfilment of the order impossible.
The Customer may exercise these rights by sending a postal letter accompanied by a proof of identity to the following address:
Sunny Studio - 192 rue Saint Denis, 75002 Paris.
ARTICLE XI - COOKIES
When browsing the site, the information about the Customer’s navigation are likely to be recorded in "Cookie" files installed on their device (computer, tablet, smartphone). These cookies are issued by Sunny Studio in order to facilitate the navigation on the Site and allow the browser to recognize the Customer when connected to the Site.
These cookies are provided to:• Establish visitor statistics (number of visits, page views, abandonment of the order process)• Adapt the presentation of the site to the user display preferences,• Save the information entered in forms, manage and secure access to the personal and reserved spaces such as the Customer Account and manage the order panel.• Sunny Studio reserves the right to install cookies on the Customer’s computer during his visit to the Site.
A cookie is a small file sent to the Customer’s computer and stored on its hard drive. If the Customer is registered with Sunny Studio, his computer will store an identifying cookie which allows him to go easier through the identification process whenever he returns Sunny Studio on the site because the cookie will store the Customer's email address.
A cookie does not identify the customer but reports any previous visit of the Customer on the Site in order to help Sunny Studio to personalize services.
The Customer can express and modify constantly their wishes regarding cookies, as described below.
The Site uses software applications from third parties, which allow the customer to share with other people the content of the Site or an opinion about the Site content. (Social Networks like Facebook, Google+, Twitter, etc). When the client views a page of the site with a button "Share" or "Like", the browser establishes a direct connection with the servers of the social network concerned. When connected to the social network while browsing, clicking on the social network buttons can create links of the viewed pages to the Customer account. If the Customer interacts with plug-ins, for example by clicking on the button "Like" or by leaving a comment, the corresponding information will be forwarded to the social network concerned and published on his page. If the Customer does not wish that social networks publish the information collected through the Site on his account, he must be disconnected from the social network concerned before visiting the site. Sunny Studio is not responsible in any case whatsoever for the content or operation of any of the social networks, including those that may be related to the Site.
ARTICLE XII - INTELLECTUAL PROPERTY
Sunny Studio is the sole holder of the intellectual property rights regarding the products sold on its Site.
No stipulation of the present GTC can be interpreted as making any transfer of intellectual property rights to this brand to the benefit of the Customer.