Terms and Conditions
Preliminary Article
In order to better meet the needs of its customers, S.T. Dupont (hereinafter referred to as the "Company") has set up an online sales system alongside its stores and distribution network, offering a selection of S.T. Dupont items.
Article 1 – Scope of application
These General Terms and Conditions of Sale apply to all sales of items bearing the Company's brand name concluded remotely via the Company's Website, identified by its domain name: https://ch.st-dupont.com/ (hereinafter referred to as the "Website"):
- When an order is placed by individual customers acting as consumers (within the meaning of law and case law) and habitually residing in Switzerland;
- When an order is placed by the same individual customers on their own behalf or for delivery to third parties of their choice, who also habitually reside in Switzerland and are considered consumers (within the meaning of law and case law).
Any sale of items bearing the Company's brand name via the Website is subject to these General Terms and Conditions of Sale, which the customer hereby accepts. These General 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 in force on the date of the order.
These General Terms and Conditions of Sale can be downloaded electronically by anyone visiting the Website and can be copied and printed by the customer; these General Terms and Conditions of Sale will be applicable in the form in which they are provided on the Website. If these General Terms and Conditions of Sale remain publicly accessible via other websites or by any other means after being withdrawn from the Website, they will no longer be binding on the Company.
Article 2 - Information about ST DUPONT and its website
S.T. Dupont, a limited liability company with a Management Board and a Supervisory Board, with a share capital of 26,213,977.80 euros, registered with the Paris Trade and Companies Register under number B 572 230 829.
Registered office: 92 boulevard du Montparnasse – 75014 Paris – France.
French VAT number: 79 572 230 829.
Email address: service-client@st-dupont.com.
Telephone: +33 801 27 00 12.
Website Publishing Director: Alain Crevet.
Hosting is provided by Shopify, whose registered office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.
The technical development of the S.T. Dupont website is carried out by LobsTTer Shopify Plus agency https://lobstter.com.
Article 3 – Information on Articles and Limitation of Liability
In accordance with applicable legal and regulatory requirements, information (name, definition, representations of items, detailed description: properties, characteristics, and composition, etc.) concerning all items offered for online sale and bearing the Company's brands are available in all S.T. Dupont stores and distribution networks, or on the Website.
It is specified that due to differences in screen settings, the colors of the items whose photos are published on the website may not exactly match the actual colors. 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 failures, a force majeure event, third-party intervention, or circumstances of any kind, over which S.T. Dupont has no control;
- The temporary inability of the customer or the Company to access the Website due to circumstances over which S.T. Dupont has no control, such as computer failures, internet network interruptions, or problems related to the equipment used by the customer to access the internet.
Article 4 – Ordering items
4.1 Orders
Telecommunication costs incurred when accessing the Internet and using the Website are the customer's responsibility. To purchase a product when placing their first order, customers will need to open an account and complete an order form, filling in the mandatory fields, so that their selection can be processed by the Company. In the event of prolonged inactivity when connecting, any selection made by the customer before such inactivity may no longer be available. Customers will be prompted to restart the product selection process from the beginning. All steps necessary to conclude the sale will be specified on the Website. Before finalizing their order, customers will have the opportunity to check the details of their order and the total price, as well as to correct any errors, before confirming the order to express their acceptance. After the customer has confirmed their order, the Company will acknowledge receipt of it by e-mail. However, the sale will only be considered final once the order confirmation has been sent to the customer by the Company. Only items shipped will be charged, along with 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 placed on behalf of a business 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 an acceptance of your order. Your order will only be accepted when it is shipped, and you will receive a shipping confirmation email. Our acceptance of your order will take place when we send you an email notifying you that we have accepted and shipped your order, at which point a contract will be concluded between you and us. If exceptionally we are unable to accept your order for reasons beyond our control, we will inform you in writing and will not charge you for the product. 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.
Article 5 – Price of items
Prices displayed on the Website are in Swiss Francs (CHF) and include all applicable taxes in Switzerland, but do not include shipping costs or customs clearance fees and duties. The prices charged are those in effect on the order date.
Shipping costs for items will be automatically displayed on the Website upon confirmation of the shipping method (express or standard mail) and the country of delivery chosen by the customer, and will be communicated to the customer again upon confirmation of their order by email.
Upon delivery, customers will receive written confirmation of the price paid and the shipping costs charged for each item. The invoice is available in the customer's account.
Article 6 – Payment
We accept payment by Visa, MasterCard, or American Express credit card 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 after verification of the card details, upon receipt of authorization to debit from the issuer of the bank card used by the customer. By communicating their bank card number and the information indicated below, customers authorize S.T. Dupont to debit their bank card for the total amount of their order (including taxes and shipping costs). To this end, customers guarantee that they are the holder of the bank card to be debited and that the name appearing on this bank card is their own. They then communicate the sixteen-digit number and the expiry date appearing on the front of the bank card, as well as the security number appearing on the back of the card, in a secure payment system. If, for any reason, the amount due cannot be debited from the customer's account, the electronic purchasing process will be cancelled. Payments on our Website are managed online by the relevant banking organizations through the solutions offered by Shopify, which allows us to accept and manage payments, fight fraud and secure payment data. Your personal information, including your name, e-mail address, delivery details, telephone number, details of the order placed and credit card or payment information will be disclosed to and used by Shopify exclusively for the purposes of providing fraud prevention services for us and its own clients, as is more fully detailed in our Privacy Policy. To fight 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 cardholder during a transaction. This allows for strong authentication of customers making online payments. When a payment is made 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 used. If you do not yet have your confidential 3D Secure code, we encourage 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. Displaying the payment receipt in the customer's web browser indicates that 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 recording of information associated with the order in a "payment incidents" file. A false declaration or any other anomaly may also be dealt with separately. If, for any reason (opposition, 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 address in Switzerland;
- A collection point selected by the customer during the order process;
- The delivery address indicated by the customer when ordering, provided that this address corresponds to the usual address of a third-party beneficiary chosen by the customer and habitually residing in Switzerland.
Notwithstanding the foregoing, delivery cannot under any circumstances be made to a hotel, PO box, or any other temporary address. In this regard, customers agree to provide the correct address of their habitual residence when confirming an order. When placing an order, the customer is the importer of the product(s) concerned. Customs duties or clearance fees may be due. These will be borne by the customer, who will be solely responsible for them. Items will be delivered to the delivery address indicated by the customer after the order amount has been registered. The Company will deliver the ordered items by standard or express post, depending on the customer's choice. It is stipulated that any reshipment of an order due to the customer's absence at the delivery address at the agreed time and date will result in the customer being charged for the reshipment costs incurred by the Company. Delivery is made exclusively in Switzerland.
Article 8 – Retention of title
The products ordered remain the property of S.T. Dupont until full payment is received by S.T. Dupont.
However, the customer assumes the risks (especially loss, theft or deterioration) concerning the goods delivered from the date of effective delivery.
Article 9 – Intellectual Property Rights
The Company's products and brands, whether figurative or not, as well as more generally all other trademarks, illustrations, images, drawings, models and logos appearing on the Company's products sold online, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Company. Any reproduction, downloading, modification or total or partial use of these trademarks, illustrations, images and logos, drawings and models for any purpose whatsoever and on any medium, without the Company's prior and express written consent, 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 - Data Protection
The information provided by the Customer is essential for processing and shipping orders, as well as for issuing invoices and warranties. Its omission would lead to the cancellation of the order. In accordance with the Swiss Federal Data Protection Act (FADP) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (GDPR), the Customer has the right at any time to access, rectify, erase, restrict processing, object to, and port their data.
These rights can be exercised at any time by sending a written request to S.T. Dupont – Sales Administration – 92 boulevard du Montparnasse, 75014 Paris, France, or by email to the following address: rgpd@st-dupont.com.
The Customer is informed that they have the right to lodge a complaint with the competent supervisory authority, notably the Federal Data Protection and Information Commissioner (FDPIC) in Switzerland or the National Commission for Data Protection and Liberties (CNIL) when the GDPR is applicable.
Article 11 - Right of withdrawal
Customers may exercise their right of withdrawal within fourteen (14) full days from the date of receipt of their items, without having to provide any reason. During this period, they may return the delivered items, in their original packaging and in perfect condition, complete (with case, accessories, instructions, warranty, etc.) and accompanied by the delivery note.
Withdrawal form template:
Please complete and return this form if you wish to withdraw.
To the attention of:
S.T. DUPONT
E-commerce Customer
CEVA LOGISTICS
23 rue des combes
38290 Satolas-et-Bonce – France
Email: service-client@st-dupont.com
I hereby notify you of my withdrawal from the contract for the sale of the item(s) below:
Ordered on: / / (DD/MM/YYYY)
Received on: / / (DD/MM/YYYY)
First Name Last Name
My address: \ City: Postcode \ Country \
Signature
Date / / (DD/MM/YYYY)
Customers can request a prepaid return label from our customer service department and return the item to the following address: S.T. Dupont – E-commerce Customer – CEVA LOGISTICS – 23 rue des combes – 38290 Satolas-et-Bonce – France. It is the customer's responsibility to retain proof of such return. The Company recommends that items be returned by registered mail or any other means allowing a specific date to be provided, as the costs and risks of return will in all cases be borne by the customer. The customer will be reimbursed for all sums paid, including delivery costs, without undue delay and at the latest within 14 days from the date on which the Company is informed of the customer's decision to withdraw. However, the Company may defer reimbursement until the items have been recovered or until the customer has provided proof of their shipment, the date taken being the earlier of these two facts. The customer's liability may be engaged in the event of depreciation of the items resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of said items. The right of withdrawal does not apply to items made to the customer's specifications or clearly personalized.
Article 12 – Acceptance of goods
Customers must ensure that the items delivered to them correspond to the order they placed. Any delivery defects such as:
- damaged packaging;
- missing products;
- damaged products;
- products not matching the order must be notified to the Company by e-mail sent to the following address: service-client@st-dupont.com, explaining the delivery defect.
Once the Company has given its agreement, customers must return the items in question in their original packaging, in perfect condition, complete (with case, accessories, instructions, warranty, etc.) and accompanied by the delivery note and return form, to the following address: S.T. Dupont – Client E-commerce – CEVA LOGISTICS – 23 rue des combes – 38290 Satolas-et-Bonce – France.
No returns will be accepted without a duly completed return form. It is the customer's responsibility to keep proof of such a return. The Company recommends that items be returned by registered mail or any other means that allows a specific date to be provided, as the costs and risks of return will be borne by the Company if the non-conformity of the item claimed by the customer is confirmed. If the exchange of the returned item is not possible, the refund of the price charged for the non-conforming items returned will be made by means of a credit to the payment method used to pay for the order in question, upon receipt of the item or proof of its return by the customer and at the latest within fourteen days thereafter.
Article 13 - Force Majeure
The Company shall not be liable for the total or partial non-performance of its obligations concerning the order placed by the Client, if such non-performance is due to an event constituting a case of force majeure, as defined in substantive law. Force majeure means any external, unforeseeable and unavoidable event, beyond the Company's reasonable control and preventing it from performing all or part of its obligations. Such events include, but are not limited to: natural disasters, fires, floods and earthquakes; wars, acts of terrorism and riots; epidemics and pandemics, as well as measures taken by authorities in this regard, including health restrictions, lockdown measures or import and export restrictions; other acts, decisions or measures by authorities and embargos; strikes and collective labor disputes; general power, telecommunication or Internet outages or interruptions; as well as supply disruptions beyond the Company's control.
The Company will inform the client of these unforeseen circumstances or force majeure within seven days of their occurrence. If this suspension of the Company's obligations lasts for more than one month, the client will have the right to cancel their pending order and will be reimbursed by the Company as soon as possible by crediting the payment method used to pay for the order.
Article 14 - Non-Waiver
A waiver by the Company of the obligation to perform any of the provisions of these terms and conditions of sale will not constitute a waiver of the right to demand performance of such provision in the future, in whole or in part.
Article 15 - Cookies
To process customer orders and to better understand their needs and personalize the services offered on the website, the company uses cookies. A cookie is a file stored on the hard drive of the customer's computer to indicate that they have visited the website. Cookies remember the duration of customers' visits to the website, their identity (via their email address and password), and the contents of their shopping cart.
Once logged out of the website, this information will be stored for a period of thirty (30) days before being permanently deleted. Customers can object to the storage of cookies by configuring their internet browser. They will then waive any personalization of the service offered to them on the website.
Article 16 - Validity of the general terms and conditions of sale
If any provision of these general terms and conditions of sale were to be declared null and void, in whole or in part, the other provisions, as well as the rights and obligations resulting from these general terms and conditions of sale, would remain unchanged and continue to apply.
Article 17 – Disputes – Applicable law
These GTCs and the contracts concluded thereunder are governed by Swiss law, to the exclusion of the Vienna Convention on the International Sale of Goods.
Article 18 – Legal Guarantee
The items sold are guaranteed to conform to the specifications and characteristics described in the product sheets published on the website, as well as on their packaging and instruction manuals. They benefit from the legal warranty for defects in the goods in accordance with articles 197 et seq. of the Code of Obligations (CO).
The consumer must inspect the items upon receipt and notify the Company of any defect without delay; hidden defects must be reported immediately upon discovery. The warranty can be invoked for two years from the date of delivery of the item.
In the event of a proven defect, the customer may request the cancellation of the sale (return of the item in exchange for a refund of the price) or a price reduction; when the items are fungible, they may demand their replacement with conforming items. The Company reserves the right to remedy the defect by repair or replacement.
Warranties are exercised with the Company by contacting customer service:
- by phone at +33 801 27 00 12
- by mail at the following address: 92, boulevard du Montparnasse, 75014 Paris, France
- by email at: service-client@st-dupont.com
The following are excluded from the warranty:
- Deterioration or damage to items resulting from normal wear and tear.
- Any defects that may result from a lack of maintenance, improper use, use not in accordance with maintenance specifications, or modifications or repairs carried out by the customer or a third party.
- Deterioration or damage caused by external objects or events.
- Item accessories and consumables, including gas refills, pen refills, cases, etc.
Article 19 – Availability of spare parts
S.T. Dupont informs the customer about the availability of spare parts essential for the use of the items in the product sheets. S.T. Dupont does not guarantee the availability of spare parts.