Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE AND USE WWW.MYSORIO.COM
SAS SORIO, a simplified joint stock company, registered under number 981995939, located at 6 rue d'Armaillé, 75017 PARIS (hereinafter “the Operator”), publisher and operator of the website “www.mysorio.com” (hereinafter the ‘Website’), has established these general terms and conditions of sale and use (hereinafter the “GTC-GTCU”), governing access to and use of the Website.
They also set out the terms and conditions under which the Operator agrees to supply the products (hereinafter the “Products”) presented on the Website.
ARTICLE 1. ACCEPTANCE OF THE GTC-GTCU
Before using the Website or purchasing Products on the Website, you acknowledge that you have read these GTC-GTCU and accept them without restriction or reservation.
You declare that you are legally capable of entering into contracts.
These GTC-GTCU also apply to any variation or extension of the Site on existing or future social or community networks or applications.
We advise you to download and/or print them so that you can keep them and refer to them in the future.
ARTICLE 2. ACCESS TO THE SITE
To access the Site, you must have a terminal device connected to the internet. You are responsible for all costs related to your digital environment (hardware, software, and network connection), including internet connection costs.
The Operator may refuse access to the Site to any person who does not comply with these T&Cs.
ARTICLE 3. REGISTRATION
Access to certain Products requires the creation of a personal account.
Registration is free of charge. It is done by filling out the online form provided for this purpose. To do so, you must provide the following information:
First and last name
Email address
You agree to provide accurate and truthful information about yourself.
A confirmation email will then be sent to the address you provided, with a summary of your login information.
Your login ID is personal and may not be used by more than one person, nor may it be sold, rented, or transferred in any way.
The password is confidential and must not be disclosed to a third party. It can be changed from your personal space. You must take all necessary measures to protect your password.
You also agree to inform the Operator, by any means and as soon as possible, in the event of any suspected or confirmed fraudulent or unauthorized connection to your account.
You may request to unsubscribe and delete your account at any time, either from your personal account or by sending an email to the following address: contact@mysorio.com.
The Operator reserves the right to delete your account without notice in the event of a breach of these T&Cs, including:
In the event of use contrary to applicable law;
In the event of fraudulent use or identity theft of a third party;
In the event of infringement of the rights of the Operator or a third party.
The Operator may also delete your account in the event of inactivity for more than one (1) year.
ARTICLE 4. PRODUCTS
The essential characteristics of the Products offered are presented on the Site.
You acknowledge that you have read this information prior to placing any order.
ARTICLE 5. ORDERS
Orders are placed online via the Website.
To place an order, you must select the desired Products and add them to your shopping cart.
You must then confirm the details of your shopping cart and the total price, or correct any errors, and provide your billing and delivery address, as well as your payment method.
You definitively confirm your order by clicking on the payment button. This confirmation constitutes your electronic signature, equivalent to a handwritten signature, and your firm and definitive acceptance of the sale.
Once payment has been accepted, the order is validated as soon as possible by sending an acknowledgment of receipt by email to the address you have chosen.
Products are offered while stocks last. If a product is unavailable, an equivalent product may be offered to you. If you refuse, your order will be canceled and fully refunded.
The Operator reserves the right to refuse an order for Products in abnormal quantities.
ARTICLE 6. DELIVERY
The Products are supplied in mainland France and can be delivered worldwide.
Delivery is made to the address you have specified, within the time frame specified at the time of ordering. The time frame varies depending on the delivery method chosen.
You are required to receive the Products in person or to designate a third party for this purpose.
Product delivery is provided by the carrier designated by the Operator. It is carried out by handing over physical possession or control of the Product to you or to the designated third party.
You are required to check the condition of the Products upon receipt. In the event of any anomaly (incomplete order, damaged, torn, or opened packaging, etc.), you must refuse delivery, noting your reservations on the delivery slip and informing the carrier of the defects found. You may also inform the Operator at the contact details provided below.
The Operator cannot be held responsible for any delay or inability to deliver an order due to an error on your part in providing your contact details. In this case, the Operator reserves the right to suspend delivery until the problem is resolved.
ARTICLE 7. FINANCIAL TERMS AND CONDITIONS
1. Prices
Prices are indicated on the Website in euros, inclusive of all taxes. They include VAT at the rate applicable on the date of the order.
The Operator reserves the right to modify them at any time. The price applied is that in effect at the time of order confirmation.
Any delivery costs for Products are applied as an extra charge. Their amount is indicated at the time of order confirmation.
Exceptionally, in the event of an erroneous indication of a price that is clearly derisory in relation to the real value of the item, the order may be canceled.
The Products remain the property of the Operator until full payment has been received.
2. Payment
Payment is made in cash, by credit card via a secure system, or by PayPal.
Your payment method will be debited when the order is placed.
Any refusal of payment or partial payment will result in the automatic cancellation of the order, and you will be notified by email.
You expressly agree to receive invoices in electronic format.
The Operator also reserves the right to refuse any order in the event that you have not paid for a previous order in full or in part, or in the event of an ongoing dispute.
The data recorded by the Operator constitutes proof of the transactions concluded on the Site.
ARTICLE 8. RIGHT OF WITHDRAWAL
1. Legal right of withdrawal
The consumer customer has a legal right of withdrawal provided for in Article L221-18 of the Consumer Code.
You may exercise your right, without having to justify your decision, within 14 days of receipt of the Products by you or the third party, other than the carrier, whom you have designated.
In the case of an order for several Products delivered separately or in the case of an order for a Product consisting of multiple lots or parts whose delivery is spread over a defined period, the period runs from the date of receipt of the last Product or lot or the last part.
For contracts providing for the regular delivery of Products over a defined period, the period shall run from the date of receipt of the first Product.
To exercise your right, you must inform the Operator of your decision to withdraw by sending, before the expiry of the deadline, the withdrawal form, a template of which is provided in the appendix below, or any other unambiguous statement expressing your wish to withdraw, to the following address:
6 rue d'Armaillé, 75017 PARIS
email: contact@mysorio.com
You must return or hand back the Products to the Operator without undue delay and, at the latest, within 14 days of notifying us of your decision to withdraw.
You are responsible for the cost of returning the Products.
You may be held liable for any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Products.
The Operator will refund you all sums paid, including delivery costs, without undue delay and no later than 14 days from the date on which it is informed of your decision to withdraw.
Unless the Operator has offered to collect the Products itself, it may defer the refund until it has collected the Products or until you have provided proof of shipment of the Products, whichever is earlier.
The Operator will make the refund using the same means of payment as that used for your purchase, unless you expressly agree to use another means of payment and provided that the refund does not incur any costs for you.
The Operator is not required to reimburse additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by the Operator.
2. Exceptions to the right of withdrawal
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the following cases:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the Operator's control and which are likely to occur during the withdrawal period;
The supply of goods made to your specifications or clearly personalized;
The supply of goods that are likely to deteriorate or expire rapidly;
The supply of goods that you have unsealed after delivery and that cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the Operator's control;
The supply of audio or video recordings or computer software when they have been unsealed after delivery;
The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications.
ARTICLE 9. WARRANTIES
The Operator is bound by the legal warranty of conformity for goods under the conditions of Article L. 217-3 et seq. of the Consumer Code, as well as the warranty relating to hidden defects in accordance with the provisions of Articles 1641 to 1649 of the Civil Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal warranty applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it occurred.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within 30 days of their request, at no cost and without significant inconvenience to them.
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the item, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract and receive a full refund in exchange for returning the goods if:
The professional refuses to repair or replace the goods;
The repair or replacement of the goods takes place after a period of thirty days;
The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of returning or removing the non-compliant goods, or where they bear the costs of installing the repaired or replacement goods;
The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In this case, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the warranty that remained until the repaired goods were delivered.
The above rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who acts in bad faith to prevent the implementation of the legal warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
Consumers also benefit from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or a full refund upon return of the goods.
ARTICLE 10. CONTENT PUBLISHED BY THE USER
You may publish the following content on the Website:
Comments
Reviews
Photos
You remain fully responsible for the content you publish on the Site. As such, you agree not to publish any content that is illegal or infringes on the rights of third parties, or that is offensive, violent, pornographic, or incites hatred or discrimination.
By publishing on the Site, you grant the Operator a free license authorizing it to reproduce, represent, and adapt the content you publish for advertising or commercial purposes, by any means and on any medium known or unknown to date, worldwide and for the entire duration of its legal protection.
The Operator reserves the right to refuse or delete any published content without prior notice or justification.
ARTICLE 11. RESPONSIBILITIES
The Operator shall use its best efforts to provide accurate and up-to-date information and content on the Site, but cannot guarantee the performance, completeness, or reliability of such information and content.
The Operator shall not be liable for any technical, IT or compatibility problems or failures affecting the availability or use of the Website for reasons or circumstances beyond its control.
The Operator shall also not be liable for any damage that may result from the use of the Website, including loss of data, damage, destruction or viruses that may affect your computer equipment.
ARTICLE 12. INTELLECTUAL PROPERTY
The entire Website, its structure and content (text, tables, graphics, images, photographs, videos, sounds, databases, applications, and software) are protected by the copyright and intellectual property rights of the Operator or its suppliers and service providers.
Any unauthorized representation, reproduction, adaptation, modification, or use is prohibited and may constitute an infringement within the meaning of Articles L. 335-2 et seq. of the Intellectual Property Code.
Sorio is a registered trademark.
ARTICLE 13. AVAILABILITY
The Operator strives to ensure access to the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, without guaranteeing any result or minimum level of quality in terms of its availability.
The Operator may at any time and without notice suspend or limit access to the Site in order to carry out maintenance, updates, modify its content, or take any other action necessary for its proper functioning.
ARTICLE 14. HYPERTEXT LINKS
The Site may contain hypertext links to other websites or external sources.
The Operator assumes no responsibility for the information, advertising, products, services, or any other content available on these external sites or sources.
The Operator authorizes the creation of hypertext links to the Website, provided that the source website does not contain any illegal, violent, or pornographic content, and excluding any use of these links for commercial or advertising purposes. The Operator reserves the right to object.
ARTICLE 15. PERSONAL DATA
In the course of its activities, the Operator undertakes to process the personal data of users of its services in a manner that respects their privacy and complies with current French and European legislation.
More information on the processing of your data is available at this address: https://mysorio.com/policies/privacy-policy.
You acknowledge that you have read this information prior to any use of the Site.
ARTICLE 16. COOKIES
The Operator uses cookies and other trackers for advertising purposes and to improve your experience on the Site.
More information on how cookies work and how to manage them is available at this address: https://mysorio.com/policies/privacy-policy
ARTICLE 17. FORCE MAJEURE
The Operator cannot be held liable for any delay or failure to fulfill its obligations caused by a case of force majeure, as usually understood by French courts.
ARTICLE 18. MODIFICATIONS
The Operator reserves the right to modify these T&Cs at any time and without notice, in particular to adapt to changes to the Site by making new features available or deleting or modifying existing features.
ARTICLE 19. PARTIAL INVALIDITY
If one or more provisions of these GTC-GTCU are declared invalid by application of the law, a regulation, or a final decision of a French court, the other provisions shall remain in full force and effect.
ARTICLE 20. COMPLAINTS - MEDIATION
1. Complaints
For any complaints, you can contact the Operator at the following address:
6 rue d'Armaillé, 75017 PARIS
email: contact@mysorio.com
2. Mediation
The Operator is a member of the mediation service of the Federation of E-commerce and Distance Selling (FEVAD): 60 Rue La Boétie, 75008 Paris - contact@fevad.com - http://www.mediateurfevad.fr
For any dispute or disagreement that remains unresolved after an initial amicable complaint, you have the option of resorting to the FEVAD consumer mediation procedure.
Information on how to refer a case is available at the following address: https://www.mediateurfevad.fr/index.php/espace-consommateur/
The solution proposed by the mediator is not binding on the parties, who remain free to withdraw from the mediation process at any time.
The European Commission has also set up an online dispute resolution platform, which can be accessed at: https://ec.europa.eu/consumers/odr/
ARTICLE 21. APPLICABLE LAW - DISPUTES
This contract is governed exclusively by French law. In the event of a dispute, the French courts shall have sole jurisdiction.
APPENDIX: Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SAS SORIO, a simplified joint stock company, located at 6 rue d'Armaillé, 75017 PARIS, email: contact@mysorio.com,
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.