TERMS & CONDITIONS

Thank you for visiting sophieduran.com (the "Site"). We have prepared the information below to ensure that your experience on our Site is one you'll want to repeat again and again. We provide this Site as a service to our customers.

Please note that by using the Site and/or placing an order for products from us, you agree to follow and be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Although you may 'bookmark' a particular portion of this Site and thereby bypass these terms and conditions, your use of this Site still binds you to the terms and conditions.

 

Information About Us

The Site is operated by SOPHIE DURAN is  a Dutch registered company (company number 24493540 and VAT number NL173520960B01), whose registered office address is: Geertsemastraat 29 a-2, 3038XB, Rotterdam, The Netherlands. 

If you have a customer service query, you can email us at shop@sophieduran.com or phone us on 0031 6 197 94 704. 

 

Terms of Sale

All sales of products made via the Site are subject to these Terms of Sale.

Placing Orders and Contract Creation

The steps for placing an order on the Site and for forming a contract with us are as follows:

  1. You will be guided through the ordering process by a series of instructions on the Site. You place your order at the end of this process by clicking on the "Place order" button. You can review/amend your order at any time before clicking on the "Place order" button. Unfortunately orders cannot be amended once they have been placed.
  2. Once you have placed your order, we will send to you an order confirmation email detailing the products you have ordered. This is not an acceptance of your order by us. Your order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation email, as below.
  3. As your product or products is/are shipped from the warehouse we will send you a dispatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. 
  1. Please check the details of the order confirmation email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by us by email at shop@sophieduran.com or phone on 0031 6 197 94 704.
  2. The contract between us for products sold via the Site will be concluded in English. We will not file the specific details of your contract. If you do require any information regarding orders you have placed with us, please check your order history on the Site (if you have an account with us) or write to us at the address set out above.

 

Product Descriptions

We endeavour to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in product prices, item availability, or in any way affects your individual order.

Please be aware that we present our content 'as is' and make no claims to its accuracy, either express or implied. Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.

We reserve the right to amend errors or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). 

Product Availability

At sophieduran.com we go out of our way to select the kind of distinctive merchandise for which the SophieDuran brand is recognised. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on sophieduran.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. 

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, give you an estimated date of when the product is due to be back in stock and available for dispatch to you. Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged).

Pricing and Payment

The Site displays pricing in Euro’s and include VAT (where applicable). 

Prices quoted on the Site exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the "Place order" button. Please see ‘ Delivery Information’  for delivery costs by destination and item type.

Delivery

Please see ‘ Delivery Information’ for delivery costs by destination and item type.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 10 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 10 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our ‘Cancellations, Returns & Exchanges Policy’ for more information on your right to cancel.

Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund in accordance with our ‘Cancellations & Returns Policy’, risk will remain with you until you have posted the returned products to us.

 

Warranties and Disclaimers

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE PRODUCTS FROM OUR SITE (FOR EXAMPLE, A MANUFACTURERS WARRANTY), WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF SUCH PRODUCTS OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, THAT THE PRODUCTS ARE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING PRODUCTS THAT CONFORM TO THE CONTRACT.

IF YOU ARE PURCHASING PRODUCTS FROM US AS A BUSINESS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation Of Liability

Nothing in these Terms of Sale excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where products supplied are not of satisfactory quality.

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT). IN ANY EVENT, WE ARE NOT LIABLE FOR: (1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION; OR (2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT.

Promotional Codes

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

General

Only you and we shall have any rights to enforce any term of the contract formed between us.

The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.

If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.

To the maximum extent permitted by applicable laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by Dutch law. The courts of The Netehrlands shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.

 

Terms of Use

Your use of the Site is subject to these Terms of Use.

 

Usage Restrictions; Intellectual Property

Unless otherwise noted, all design and content featured on the Site - including navigational buttons and images, artwork, graphics, photography, text, and the like - are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to Sophie Duran. All such rights are reserved.

The content the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by users of our Site. Any use of our Site and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Sophie Duran.

You may download, print or store any of the page contents displayed on the Site, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

User Comments, Feedback and Other Submissions

While we welcome your comments and feedback regarding our products and services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Site or any email connection.

Please note that all of your comments, feedback, ideas, suggestions, and other submissions (collectively, the "Comments") that are disclosed or submitted to us on or by this Site, or otherwise disclosed, submitted or offered in connection with your use of this Site, shall become and remain the property of Sophie Duran. Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free licence to use such Comments for any purpose) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Correction of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

Enforcement of Terms of Use

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by Dutch law. The courts of The Netherlands shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

Indemnification

You agree to indemnify, defend, and hold harmless Sophie Duran, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Disclaimer

Given the unpredictability of technology and the online environment, Sophie Duran does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site (1) you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site, and (2) you agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk.

Limitation of Liability

Nothing in these Terms of Use excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH (1) USE OF, OR INABILITY TO USE, OUR SITE, OR (2) USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

 

SOPHIE DURAN is  a Dutch registered company (company number 24493540 and VAT number NL173520960B01), whose registered office address is: Geertsemastraat 29 a-2, 3038XB, Rotterdam, The Netherlands.