General Conditions of Sale

SCOPE OF APPLICATION

The Website enables customers to order online, via the Internet, from the company SAVANA SAS, a selection of VANESSA SPOSI brand products, for delivery in France and abroad.

Any sale concluded electronically with our company on the website www.vanessasposi.com is governed by these General Terms and Conditions of Sale (“GTC”). For any additional information, the customer may contact Customer Relations at the following email address: info@vanessasposi.com.

Any order placed on the VANESSA SPOSI online store, and validation of the corresponding checkbox, constitutes the customer’s full and unconditional acceptance of these GTC. These GTC may be saved and/or printed and are accessible from all pages of the VANESSA SPOSI online store. They may be amended at any time; the applicable terms are those accepted by the Customer when placing an order and which are accessible via the order confirmation email.

VANESSA SPOSI and SAVANA SAS reserve the right to adapt or amend these GTC at any time.

1. OUR PRODUCTS

The Products offered for sale on the Vanessa Sposi online store are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However, VANESSA SPOSI cannot be held liable for any omissions, inaccuracies, or failure to update information, whether due to its own actions or those of third-party partners providing such information.

The photographs of items for sale on www.vanessasposi.com have no contractual value and may vary slightly from the Products themselves.

Photos of items for sale on the site www.vanessasposi.com have no contractual value and are likely to vary slightly from the items themselves.

2. OUR PRICES

  • Prices are stated in euros, all taxes included, excluding any contribution to shipping costs.
  • In the event of an order shipped to a country other than mainland France, the buyer may be subject to taxes.
  • Customs duties: Any order placed on the website and delivered outside France may be subject to additional taxes and customs duties imposed when the parcel reaches its destination. Such customs duties and any applicable taxes related to the delivery of an item are borne by the customer and are the customer’s responsibility. VANESSA SPOSI is not required to verify or inform customers of the applicable customs duties and taxes. It is the customer’s responsibility to inquire with the relevant authorities in their country to determine the applicable amounts.
  • All orders are payable in euros. VANESSA SPOSI reserves the right to change its prices at any time on vanessasposi.com. Products are invoiced based on the prices in effect at the time the order is recorded, subject to availability. Products remain the property of VANESSA SPOSI until full payment of the price has been received.

3 – PLACING AN ORDER

Customers of VANESSA SPOSI must be an emancipated minor or of legal age and must not be under legal protection within the meaning of Article 488 of the French Civil Code. VANESSA SPOSI reserves the right to refuse an order if the customer has a history of non-payment.

STEPS TO CONCLUDE THE SALE

1-Add items to your cart.

2-Complete the order form.

3-Review the details of your order and identify and correct any errors made when entering information.

4-Confirm the order, the total price and the all-inclusive price by clicking “Pay for my order,” which implies acceptance of VANESSA SPOSI’s General Terms and Conditions of Sale.

5-Follow the payment instructions of our partner Shopify / Shop Pay (and/or PayPal, where applicable) to pay for your VANESSA SPOSI order. Your bank account will be debited for the all-inclusive price, including the total price of shipped items and shipping fees.

6-You will receive an electronic acknowledgement of receipt confirming your order. The Customer expressly agrees to the use of email for VANESSA SPOSI’s confirmation of the order content.

7-You will receive your parcel at the delivery address provided when placing the order.

When creating an account, providing personal data, entering a bank card number and related confidential information, and confirming the order, the customer undertakes to comply with these contractual conditions pursuant to Article 1316-1 of the French Civil Code.

When the customer clicks the “Confirm” button after completing the ordering process, they declare that they accept fully and without reservation the order and these General Terms and Conditions of Sale in their entirety. Data recorded by VANESSA SPOSI constitutes proof of all transactions carried out between VANESSA SPOSI and its customers. Data recorded by the payment system constitutes proof of financial transactions.

The Customer is responsible for the accuracy and completeness of the information provided in their Customer account and in their order to ensure proper processing. VANESSA SPOSI cannot be held liable for delays or additional delivery costs. Any costs incurred by VANESSA SPOSI as a result of errors in the information provided by the Customer shall be borne by the Customer.

4 – AVAILABILITY OF OUR PRODUCTS

Products are offered subject to availability. Information on product availability is provided at the time the order is placed, on the Product page. If, despite VANESSA SPOSI’s vigilance, the ordered Products are no longer available, VANESSA SPOSI will inform the Customer by any means (phone call or email) as soon as possible. No charge corresponding to unavailable Product(s) will be made to the Customer’s bank account in the event one or more Products are unavailable.

VANESSA SPOSI shall not incur any liability in the event of stock shortages or unavailability of Products for orders that have not yet been accepted by VANESSA SPOSI.

5 – SHIPPING AND DELIVERY

We offer two delivery methods: Standard delivery and Express delivery.

Standard delivery 

Metropolitan France – Free for all orders over €300. Order Monday to Friday before 1pm for delivery

  • within 2 to 3 working days in mainland France
  • within 3 to 5 working days for the European Union (5 to 7 working days during this period for the United Kingdom)

Once your package has been shipped, you will receive a confirmation email with tracking information. No signature will be required upon delivery. Orders placed on Saturday and Sunday are shipped the following Monday.

Express delivery 

Free for all orders over €500. Metropolitan France – Price of €15. Order from Monday to Friday before 1 p.m. for next-day delivery. Orders placed on Saturdays, Sundays and public holidays are shipped the following business day.

European Union – €25 (excluding UK). Order Monday to Friday before 1pm for delivery within 1-2 business days. Orders placed on Saturdays, Sundays and public holidays are dispatched the following business day. International (US, DROM and rest of the world) – €35 Free for all orders over €500. Order Monday to Friday before 1pm for delivery the following day. Allow an additional business day for deliveries to Alaska and Hawaii. Orders placed on Saturdays, Sundays and public holidays are dispatched the following business day.

On very rare occasions, international shipping to some countries may take 4-6 weeks. For this reason, VANESSA SPOSI is not responsible for delays caused by the customs clearance process of the destination country or by the transit time of the mail. We ask customers who need their order more urgently to select the Express option at the time of ordering to ensure faster delivery.

Once your package has been shipped, you will receive a confirmation email with tracking information. A signature will be required upon delivery. If your package is not signed for upon delivery, a note will be left at your address with instructions to arrange redelivery.

Customs, Duties & Taxes

By default, we ship under DAP (Delivered At Place) terms. This means any import duties, taxes, or customs fees are the responsibility of the recipient and are not included in the purchase price.

These charges are determined by the customs authorities in the destination country and are beyond our control. We recommend contacting your local customs office for precise information.

For all orders shipped outside the European Union, customs duties and local taxes may apply depending on the destination country’s regulations.

Exceptions 

  • United Kingdom & Switzerland : We ship under DDP (Delivered Duty Paid) → no additional fees will be required upon delivery.

  • United States : All orders are also shipped under DDP → the amount paid at checkout is final.

If you would like more information about shipping, please email us at info@vanessasposi.com . For more information about returns, please see: Returns

Delivery delay 

As with any shipment, there may be a delay in delivery or the package may be lost. In the event of a delay in delivery or a lost package, we ask the customer to notify us by email at info@vanessasposi.com . An investigation will be requested from the Post Office or other service provider that handled the delivery, and can last up to 21 days from the start date of the investigation. If during this period, the package is found, it will be immediately re-routed to the customer's home. If, on the other hand, the product is not found at the end of the 21-day investigation period, the package is considered lost. In this case only, VANESSA SPOSI may send a replacement product, at its own expense. If the product(s) ordered are no longer available, VANESSA SPOSI will refund your order.

VANESSA SPOSI declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, strikes or health measures.

Delivery issues 

VANESSA SPOSI reminds that it is the Customer's responsibility to inspect their package upon receipt in the presence of the delivery person and to immediately notify the carrier and VANESSA SPOSI of any anomaly noted (shock, damaged package, delivery date not in accordance with the normal delivery service deadlines). In the event that such information has not been included on the delivery slip presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted retrospectively by VANESSA SPOSI.

Said reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 working days, not including public holidays, following delivery of the products, a copy will be immediately sent to VANESSA SPOSI. Failure to make a complaint within said deadlines will extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the French Commercial Code.

To make a complaint, contact us at the following address: info@vanessasposi.com , indicating:

• Recipient's name
• Parcel tracking number
• Product designation
• Photos of the damaged package with the postage clearly visible

• Photo of the inside of the package
• Photo of the damaged product

The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform in nature or quality to the specifications indicated in the delivery note, the customer must inform the VANESSA SPOSI Customer Relations Department by email: info@vanessasposi.com and return the items to the address and under the conditions provided.

Force Majeure Cases 

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions of Sale, VANESSA SPOSI shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of VANESSA SPOSI or the Client without compensation from either party. Failure to pay by the Client cannot be justified by a case of force majeure.

6 – SECURE PAYMENT

The amount due by the customer is the amount indicated at the time of order confirmation.

To ensure payment security, the website vanessasposi.com uses the secure payment services of Shopify / Shop Pay(and/or PayPal, where applicable). Payment is made online on www.vanessasposi.com by credit/debit card via Shop Pay (and/or PayPal depending on the options available at checkout).

Under no circumstances does VANESSA SPOSI store customers’ banking data.

In any event, VANESSA SPOSI reserves the right to refuse any order or any delivery in the event of an existing dispute with the customer, total or partial non-payment of an order, or a refused card payment. VANESSA SPOSI’s liability cannot, in any case, be incurred on this basis.

When the order is validated, the payment request is routed in real time to the secure remote payment manager, which issues an electronic certificate.

The online provision of the bank card number and final validation of the order shall constitute proof of the entire order, in accordance with the provisions of the law of 13 March 2000, and shall make the sums committed by entering the items shown on the order form due and payable. This validation constitutes signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of a bank card, the customer is invited, as soon as such use is detected, to contact VANESSA SPOSI customer service. Computerized records stored in the IT systems shall be considered as proof of communications, orders, and payments between the parties.

7 – RETURN & WITHDRAWAL POLICY

7.1 Statutory right of withdrawal (distance sales). In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the order to exercise the right of withdrawal, without having to provide a reason.

To exercise this right, the Customer must notify their decision to withdraw via returns@vanessasposi.com, indicating the order number and the Products concerned, or register the return via our returns portal.

The Customer then has fourteen (14) days to return the Products from the date of notification of withdrawal.

Products must be returned in their original condition, unworn, unwashed, with tags intact and, where applicable, in the original packaging. Swimwear must be tried on over underwear.

Refunds related to the exercise of the right of withdrawal are made using the same payment method used for the purchase, within a maximum period of fourteen (14) days from receipt of the returned Products or from proof of shipment.
Initial standard delivery costs may be refunded in accordance with the legal framework; return shipping costs remain payable by the Customer unless otherwise indicated or in the event of a goodwill gesture.

In the event of depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product, VANESSA SPOSI reserves the right to apply a reduction to the refund in accordance with the legal framework.

7.2 Specific commercial conditions — VS Days / Archives Sale / Promotions

The conditions below apply as a commercial policy, without prejudice to the statutory right of withdrawal described in Article 7.1.

VS Days – Seasonal sales
VANESSA SPOSI organises VS Days, our seasonal sales, offering discounts on certain full-price items. The promotional code does not apply to:

  • Archives Sale

  • Kelly Collection

  • Laura Brown Collection

  • Chocolate bar

  • Bags

  • Hats

The offer cannot be combined with any other promotion or discount code. VANESSA SPOSI reserves the right to remove items from the promotion or extend the promotion at any time.

VS Days commercial policy (outside the statutory right of withdrawal):

  • Beyond the statutory withdrawal period, items purchased during VS Days are not refundable, except where the statutory right of withdrawal is exercised.

  • Returns may, as a commercial gesture, be accepted for store credit or size exchange only (subject to availability), upon request via returns@vanessasposi.com.

Archives Sale – Commercial conditions (outside the statutory right of withdrawal)

  • Archive pieces offered with exceptional discounts.

  • No exchanges possible.

  • Beyond the statutory withdrawal period, returns may be accepted within 14 days for store credit only, for unworn, tagged items, upon request via returns@vanessasposi.com.

Other promotions and discount codes

  • Items purchased with any other promo code or promotion follow the specific conditions of each offer.

  • Discounted items or items purchased with a discount code may be considered final sale from a commercial standpoint (i.e., non-refundable beyond the statutory period), except where the statutory right of withdrawal applies, unless otherwise stated (for example our welcome offer code WELCOME on a full-price order).

7.3 Return procedure (portal)

Returns must be registered via our portal: https://retour.sympl.fr

1)Enter the email address used for the purchase and the order number.

2)Select the product(s) to return.

3)Follow the instructions (QR code / label).

4)Send the parcel back within the applicable deadlines.

INTERNATIONAL RETURNS
International customers (UK, US, AUS, Switzerland, French Overseas Departments/Regions, and rest of world) are responsible for return shipping costs. Initial shipping fees, as well as any return shipping and customs taxes, are not refunded, except where legally required.

8 – INTELLECTUAL PROPERTY

All elements of the VANESSA SPOSI website such as products, visuals, films, including the underlying technology, are protected and any fraudulent use will be prosecuted. They are the exclusive property of VANESSA SPOSI.

The creation of hypertext links to the Site may only be done with the prior written authorization of VANESSA SPOSI, which authorization may be revoked at any time.

All sites with a hyperlink to the Site are not under the control of VANESSA SPOSI and we therefore decline all responsibility (in particular editorial) concerning access to and the content of these sites.

VANESSA SPOSI is free to modify, at any time and without notice, the content of the Site.

The brand “VANESSA SPOSI”, all other brands and logos related to VANESSA SPOSI, registered or not, displayed on the Site, as well as the domain name “vanessasposi.com” are and will remain the exclusive property of VANESSA SPOSI. Any reproduction, distribution, transmission, modification or use of these brands without the express prior consent of VANESSA SPOSI, for any reason whatsoever, is prohibited.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

9 – LIMITATION OF LIABILITY

The products offered comply with current French legislation. SAVANA cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered. It is the customer's responsibility to check with the local authorities the possibilities of importing or using the products they plan to order.

The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, SAVANA cannot be held liable in the event of an error in one of its photographs or texts.

SAVANA cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet.

SAVANA shall not incur any liability for any indirect damages arising from this, loss of business, loss of profit, damages or costs.

VANESSA SPOSI cannot be held liable:
– in the event of a breach of contractual obligations due to an act of God or force majeure;
– in the event of non-substantial differences between the photos, texts and illustrations of the articles on our site and the articles ordered.

VANESSA SPOSI shall not be liable to you or any third party for any indirect, incidental, special or consequential damages – including, but not limited to, any loss of profit or other indirect loss – resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.

10 – GUARANTEES

All our products benefit from the legal warranty regime, if the product has been worn under normal conditions of use, and the maintenance advice has been followed.

Article L211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists upon delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.

Article L211-5 of the Consumer Code: To comply with the contract, the good must:

  • Be suitable for the use usually expected of a similar good and, where applicable:
    • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
    • present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
  • Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L211-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

  • If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
  • Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use that he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L211-11 of the Consumer Code: The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the Buyer.

These same provisions do not prevent the allocation of damages.

Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

11 – APPLICABLE LAW

These General Terms and Conditions of Sale and the commercial relationship between SAVANA SAS, its VANESSA SPOSI brand, and the customer are governed by French law. Any dispute relating to the commercial relationship between SAVANA SAS, the VANESSA SPOSI brand, and the customer shall fall under the jurisdiction of the French courts.

Consumers have the right to use a consumer mediator in the event of a dispute (Articles L221-11, L221-5 and L111-1 of the French Consumer Code).

CONSUMER MEDIATION

In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer may, free of charge, use a consumer mediator to seek an amicable resolution of a dispute.

The details of the competent mediator are:
CMAP (Consumer Mediation Service)
39 avenue Franklin D. Roosevelt – 75008 Paris – France
Website: www.cmap.fr

The Customer may also use the European Online Dispute Resolution (ODR) platform.

Where applicable, SAVANA reserves the right to pursue the user’s civil and/or criminal liability, in particular in the event of racist, insulting, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).

12- MISCELLANEOUS PROVISIONS

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

No tolerance, inaction or inertia on the part of VANESSA SPOSI may be interpreted as a waiver of its rights under the General Conditions of Sale.

13 – PROTECTION OF PERSONAL DATA

We ensure the protection of personal data. All information you transmit to us is only used in the context of your business relationship with vanessasposi.com. It is under no circumstances disclosed to a third party or resold.

When using the vanessasposi.com website, the following may be collected: the URL of the links through which the user accessed the vanessasposi.com website, the user's access provider, the user's Internet Protocol (IP) address. (Click here to learn more about the management of personal information and our privacy policy).

In any event, SAVANA and VANESSA SPOSI only collect personal information about the user for the purposes of certain services offered by the vanessasposi.com website. The user provides this information with full knowledge of the facts, particularly when he or she enters it himself or herself. The user of the vanessasposi.com website is then informed whether or not he or she is required to provide this information.

In accordance with the provisions of Articles 38 et seq. of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, any user has the right to access, rectify and oppose personal data concerning them, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the response should be sent.

No personal information of the user of the site vanessasposi.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of SAVANA or the VANESSA SPOSI brand and its rights would allow the transmission of said information to the potential purchaser who would in turn be bound by the same obligation of conservation and modification of data with respect to the user of the site vanessasposi.com.

Transactions are fully processed by PayPal or by the secure payment module of our partner STRIPE. The Site uses cookies (connection witnesses) of which the user is informed upon arrival on the website which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, the continuation of navigation on the website being deemed acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.