TERMS AND CONDITIONS

Preliminary article

In order better to serve the needs of its customers, S.T. Dupont (hereinafter referred to as the "Company") has implemented an online sales system in parallel to its shops and distribution network, offering a selection of S.T. Dupont items.

Article 1 – Application Scope

These terms and conditions of sale apply to all sales of items bearing the Company's brand concluded remotely via the Company's website, identified by its domain name: https://us.st-dupont.com// (hereinafter referred to as the "Website"):

• when an order is placed by the same natural customers for their own account or for delivery to third parties of their choice, who also have their habitual residence in the same regions and are deemed to be consumers (in terms of the law and jurisprudence).

Any sale of items bearing the Company's brands via the Website is subject to these terms and conditions of sale, which the customer hereby accepts. These terms and conditions of sale may be amended and updated, while the conditions applicable to an order placed by a customer for an item are those valid on the date of the order.

These terms and conditions of sale may be electronically downloaded by any person visiting the Website and may be copied and printed by the customer; these terms and conditions of sale shall be applicable in the form in which they are provided on the Website. Should these terms and conditions of sale remain accessible to the public via other websites or by any other means after being removed from the Website, they shall no longer be binding on the Company.

1. INFORMATION ABOUT S.T. DUPONT AND ITS WEBSITE

S.T. Dupont, a limited liability company with a board of directors and a supervisory board, with a share capital of 26,213,977.80 euros, registered in the Paris Register of Companies under number B 572 230 829

Registered office: 92 boulevard du Montparnasse – 75014 Paris – France

E-mail address: customerservice@st-dupontusa.com

Telephone: +33 (0) 1 55 90 33 33 - Fax: 01 53 91 30 80

The hosting is provided by the company Shopify whose head office is located at 126 York St. Ottawa, 0N K1N 5T5, in Canada.

 

Article 3 – Information Regarding The Items and Limitation of Liability

In accordance with the applicable legal and regulatory requirements, the information (name, definition, depictions of items, detailed description: properties, characteristics and composition, etc.) relating to all of the items offered for sale online and bearing the Company's brands is available in all of the shops and distribution networks of S.T. Dupont, or on the Website.

However, although the photographs and other depictions of the items represent them faithfully on the Website and in the shops and distribution network of S.T. Dupont – within the limits imposed by technology and in adherence to the best market standards – they should only be regarded as indicative and are not contractually binding. More generally, the Company cannot be held responsible for the following:

• any interruptions or delays in accessing or using the Website due to maintenance work, technical faults, an event of force majeure, third-party intervention or any circumstances of whatever nature, over which S.T. Dupont has no control;
• the customer's or Company's inability temporarily to gain access to the Website due to circumstances over which S.T. Dupont has no control, such as computer failures, internet network interruptions or faults with the equipment the customer uses to access the internet

Article 4 – Ordering Items

4.1 Orders

The telecommunication costs incurred when accessing the internet and using the Website shall be payable by the customer. To buy a product when placing his or her first order customers will have the option to open an account and to complete an order form, filling in the mandatory fields, in order for their selection to be processed by the Company. In the event of prolonged inactivity during the connection, it is possible that any selection made by the customer before this inactivity will no longer be available. Customers will be asked to restart the product selection process from the beginning. All the steps required to conclude the sale will be specified on the Website. Before completing their order, customers will have the option of verifying the details of their order and the total price, as well as to correct any mistakes, before confirming the order to express their acceptance. After the customer confirms their order, the Company will acknowledge receipt thereof promptly by e-mail. However, the sale will only be deemed final once the order confirmation has been sent to the customer by the Company. Only shipped items will be debited, together with the shipping costs.

We only accept orders from customers aged 18 and over.

We only sell our products to consumers. Your order on our Website must not be made for or on behalf of any business activity and must be placed strictly for your personal use. We will acknowledge receipt of your order without delay by sending a confirmation email, but this confirmation email does not constitute acceptance of your order. Your order will only be accepted when it is dispatched, and you receive a dispatch email. Our acceptance of your order will take place when we email you and tell you have accepted and dispatched your order, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, or we have identified and error price or description of the product, because we are unable to meet a delivery deadline you have specified or if the order is not in accordance with these Terms of Sale. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.2 Refusal of orders

The Company shall be entitled to refuse any abnormal order or orders placed in bad faith. Moreover, the Company shall be entitled to refuse any order placed by a customer with whom there is a dispute regarding payment for a previous order.

Customers may contact the customer service team responsible for the Company's Website with any questions they may have about their order by e-mail : customerservice@st-dupontusa.com

Article 5 – Price of Items

The prices displayed on the Website are given in USD, taxes and shipping will be additional. The prices invoiced are those in effect on the date of the order.

The costs of shipping the items will be automatically displayed on the Website during confirmation of the shipping method (Ground / Expedited / Express) and the country of delivery chosen by the customer and will again be communicated to the customer when their order is confirmed by e-mail.

On delivery, customers will receive written confirmation of the price paid and the shipping costs invoiced to them for each item. The invoice is available in the customer's account.

Article 6 – Payment Conditions – Secure Payment

We accept payment by credit card Visa, Mastercard, Discover, American Express and PayPal. The order will only be confirmed if the goods are available and the transaction will be immediately debited to the customer's bank card following verification of the card details, upon receipt of the debit authorization from the issuer of the bank card used by the customer. Payments made using a payment card are irreversible. By communicating their bank card number and the information indicated below, customers authorize S.T. Dupont to debit their bank card with the total amount of their order (including taxes and shipping costs).

For this purpose, customers guarantee that they are the holder of the bank card to be debited and that the name shown on this bank card is their own. They then communicate the sixteen-digit number and expiry date shown on the front of the bank card, and the security number shown on the back of the card, in a secure payment system. If for whatever reason the amount due cannot be debited from the customer's account, the sale will be terminated immediately and automatically, and the electronic purchasing process will be cancelled.

Your personal information including your name, email address, delivery details, telephone number, details of the order placed and credit card or other payment details will be disclosed and used by Ingenico exclusively for the purposes of providing fraud screening services to us and to its own customers, as further detailed in our Privacy Policy.

To combat online fraud, S.T. Dupont has chosen to use the 3D Secure system. The 3D Secure standard is based on the principle of requesting additional information known to the bank and the card holder during a transaction. This enables strong authentication of customers making online payments.
When making a payment on a merchant site displaying the "MasterCard Secure Code" and "Verified by Visa" logos, a new window appears to request the payer's personal information. Each bank is free to choose its authentication method. The information entered is checked to ensure that the internet user making the transaction is indeed the holder of the card being used. If you do not yet have your confidential 3D Secure code, we urge you to contact your bank. This authentication process is mandatory, and any refusal or incorrect entry of the payer's personal information will result in the cancellation of the transaction. The display of the payment receipt in the customer's web browser indicates that the payment has been accepted and that the customer's bank card has been debited. Any unpaid amount due to the fraudulent use of a bank card will result in the information associated with the order being logged in a "payment incidents" file. A false declaration or any other anomaly may also be processed separately. If for any reason whatsoever (objection, refusal by the card issuer, etc.) the amounts due for payment by the customer cannot be debited, the online purchasing process will be immediately cancelled.

Article 7 – Delivery

Items can only be delivered to:

• the customer's usual place of residence ;
• a collection point selected by the customer when placing the order ;
• Notwithstanding the above, delivery may not under any circumstances be made to a PO Box.

In this regard, customers agree to communicate the correct address of their habitual residence when confirming an order. When placing an order for delivery to a country other than continental United States, the customer is the importer of the Product(s) concerned. Local taxes or state taxes may be payable. They shall be payable by the customer, who shall be solely liable for them. The items shall be delivered to the delivery address indicated by the customer after payment of the order amount has been registered. Delivery of the items ordered will take place:

• either, within a period not exceeding 30 days after the order date;
• or within a period of which the customer will be informed in advance, in the event of the temporary unavailability of the item, as accepted by the customer at the time of placing the item into their "basket", as well as before acceptance of their order.

The Company will deliver the items ordered by standard or express mail, as chosen by the customer. It is hereby stipulated that any re-delivery of an order due to the customer being absent from the place of delivery at the time and on the date agreed upon will result in the customer being charged for the re-delivery costs incurred by the Company.

Article 8 – Retention of Title

The products ordered remain the property of S.T. Dupont until the entire payment has been received by S.T. Dupont.

However, the customer shall assume the risks (especially of loss, theft or deterioration) concerning the goods delivered as of the actual delivery date.

Article 9 – Intellectual Property Rights

The Company's goods and trademarks, whether figurative or otherwise, as well as more generally all other trademarks, illustrations, images, designs, models and logos shown on the Company's goods sold online, their accessories or their packaging, whether registered or not, are and will remain the sole property of the Company. Any complete or partial reproduction, download, modification or use of these trademarks, illustrations, images and logos, designs and models for any purpose and on any medium whatsoever without the explicit prior written agreement of the Company, is strictly prohibited. The same applies to any combination or merger with any other trademark, symbol, logo or, more generally, any distinctive sign intended to form a composite logo.

Article 10 - Personal data protection

The information communicated by the customer is essential for processing and shipping orders, and for issuing invoices and warranties. The omission of information will therefore result in cancellation of an order. By registering on the Website, the customer agrees to provide the Company with accurate and genuine personal information. Providing false information is contrary to these terms and conditions of sale and the terms of use specified on the Website.

Article 11 - Right of Withdrawal and Return of Items

Customers may exercise their right of withdrawal within a period of fourteen (14) full days from the date of receipt of their items, without having to provide a reason. During this period they may return the delivered items, in their original packaging and in perfect condition, complete (with the case, accessories, instructions, warranty, etc.) and accompanied by the delivery note and the return form provided in the customer area of the Website in the "My Orders" section,

Customers can request a prepaid return label from our customer service team.

It is up to the customer to retain proof of such a return. The Company recommends that items be returned by registered mail or by any other means that provide a specific date, as the costs and risks of the return will in all cases be assumed by the customer.

Refund of the price invoiced for the returned products will take the form of a credit to the bank card used by the customer to pay for the products in question, no later than thirty (30) days after receipt of the product and after verification by our Quality Department.
Any items returned by the customer in an incomplete, damaged, deteriorated or dirty state will not give rise to a full refund and will under no circumstances result in the issuance of a credit note for an amount equal to the initial order amount.

Article 12 - Conformity – Warranty

Customers must ensure that items delivered to them correspond to the order they placed.

Any delivery faults such as :

• damaged packaging ;
• missing products ;
• deteriorated products ;
• products not corresponding to the order

Must be notified within the statutory period to the Company by e-mail sent to: customerservice@st-dupontusa.com , explaining the delivery fault. Once the Company has given its agreement, customers must return the items in question in their original packaging, in perfect condition, complete (with the case, accessories, instructions, warranty, etc.) and accompanied by the delivery note and the return form, to the following address: Coles of London – 8510 McAlpine Park Drive Suite 107 Charlotte, NC 28211.

No returns will be accepted without a completed return form.

It is up to the customer to retain proof of such a return. The Company recommends that items be returned by registered mail or by any other means that provide a specific date, as the costs and risks of the return will be assumed by the Company if the non-conformity of the item claimed by the customer is confirmed.

If it is not possible to exchange the returned item and if the customer does not wish to receive a credit note from the Company, reimbursement of the invoiced price for the returned non-compliant items will be made by means of a credit to the bank card used to pay for the order in question, no later than thirty days after receipt of the returned items by the Company.

The costs or returning and shipping a non-compliant item will reimbursed by crediting the bank card used to pay for the order in question once the customer has provided proof of such expenditure.

In the event of any improper or fraudulent claims, the Company reserves the right to refuse future orders.

Article 13 - Force majeure

The Company shall not be responsible for the entire or partial non-performance of its obligations concerning the order placed by the Customer, if such non-performance is due to an event that constitutes a case of force majeure, as defined in substantive law.

The Company shall inform the customer of such unforeseeable circumstances or force majeure within seven days of their occurrence. If this suspension of the performance of the Company's obligations continues for more than one month, the customer will be entitled to terminate their current order and will be reimbursed by the Company as soon as possible by credit to the bank card used to pay for the order.

Article 14 - Non-Waiver

A waiver by the Company of the requirement to execute any of the provisions of these terms and conditions of sale will not constitute a waiver of the right to require execution of such a provision in future, either in whole or in part.

Article 15 - Cookies

In order to process the customer's order and with the aim of gaining a better understanding of the customer's requirements and personalizing the services offered on the Website, the Company uses cookies. A cookie is a file stored on the hard disk of the customer's computer to indicate that he or she has visited the Website.

Cookies memorize the amount of time customers spend on the Website, their identity (by virtue of their e-mail address and password) and the contents of their basket. Once disconnected from the Website, this information will be stored for a period of thirty (30) days before being permanently deleted.

Customers may object to the storage of cookies when configuring their internet browser. They will then forego any personalization of the service proposed to them on the Website.

Article 16 - Validity of The Terms and Conditions of Sale

If any one of the provisions of these terms and conditions of sale should be declared invalid, either in whole or in part, the other provisions, and the rights and obligations resulting from these terms and conditions of sale, shall remain unchanged and continue to apply.