Terms of sale

TERMS AND CONDITIONS OF SALE

1. Seller Identity

The website arthuravellano.com, presented under the name ARTHUR AVELLANO, is operated by:

SYNMATERIA, a French simplified joint-stock company with a single shareholder (SASU), with share capital of €500
Registered office: 60 rue François Ier, 75008 Paris, France
RCS: 994 115 061 RCS Paris
SIRET: 994 115 061 00016
EU VAT number: FR73994115061
Email: contact@synmateria.com
Telephone: +33 6 81 63 06 54

SYNMATERIA is the contractual seller of products ordered through the website.

2. Purpose and Scope

These Terms and Conditions of Sale govern purchases of clothing and accessories made through the website by consumers acting for non-professional purposes.

Rentals, creative services and professional orders are subject to separate terms.

The applicable Terms are those in force at the time the order is placed. Any subsequent amendment has no effect on orders already concluded.

3. Products

The essential characteristics of the products, including their composition, size, colour and manufacturing features, are presented on each product page.

Archive pieces, prototypes and samples are identified as such. Their condition and any known imperfections are specified in their description.

The sale of an item at a reduced price, on sale or as a sample does not exclude statutory guarantees or the right of withdrawal where applicable.

In-stock products are offered subject to availability. Made-to-order products are identified on the relevant product pages.

If a product becomes unavailable after an order has been placed, the customer will be informed as soon as possible. Amounts paid for unavailable products, together with any delivery charges that are no longer applicable, will be refunded.

4. Prices and Customs Charges

Prices are displayed in the currency selected on the website. For sales to consumers within the European Union, prices include applicable taxes.

Shipping charges and any other fees charged by SYNMATERIA are displayed before final confirmation of the order.

For deliveries outside the European Union, including to the United Kingdom, Switzerland and the United States, any customs duties, import taxes and customs clearance fees are not included in the amount paid on our website. These charges are the responsibility of the recipient and may be collected by the carrier or local authorities before delivery of the parcel. Their amount depends on the regulations of the destination country.

The applicable price is the price displayed when the order is confirmed.

5. Orders

The customer selects the products, checks their size, quantity and characteristics, and then provides their contact details and delivery address.

Before confirming the order, the customer can review the order summary and correct any errors.

Final confirmation of the order constitutes acceptance of these Terms and creates an obligation to pay.

An order confirmation is sent to the customer by email together with the contractual information on a durable medium.

6. Payment

Available payment methods are displayed during checkout.

Unless an instalment or deferred payment option is expressly offered, the full price is payable when the order is placed.

If payment is declined or fails, the order cannot be processed until payment has been successfully completed.

7. Preparation and Delivery

Orders are shipped from Toulouse, France, to the destinations available at checkout.

In-stock items are prepared and dispatched within 1 to 3 business days after payment confirmation.

Made-to-order items require 4 to 6 weeks of production before dispatch, unless a different production time is expressly stated and accepted before purchase. Choosing express delivery does not shorten this production time.

After dispatch, estimated transit times are as follows:

Destination	Delivery method	Transit time
France	Standard	3 to 5 business days
France	Express or free delivery	1 to 2 business days
Eligible European countries	Standard or free delivery	5 to 8 business days
United States	Standard	7 to 12 business days
United States	Express or free delivery	3 to 5 business days

For in-stock items, the total estimated delivery time following payment confirmation, including preparation and transit, is therefore:

France: 4 to 8 business days with standard delivery, or 2 to 5 business days with express or free delivery.
Eligible European countries: 6 to 11 business days.
United States: 8 to 15 business days with standard delivery, or 4 to 8 business days with express or free delivery.

For made-to-order items, the total delivery time consists of the 4 to 6 week production period, plus the relevant transit time stated above.

For any other destination available through the website, the applicable delivery time is communicated before final confirmation of the order.

Shipping charges and the conditions for free delivery are displayed before payment.

The customer will be informed of any known delay. If the agreed delivery deadline is exceeded, the customer may exercise the rights provided under the French Consumer Code, including requesting delivery within an additional reasonable period and subsequently terminating the contract if delivery still does not take place. In circumstances provided by law, termination may be immediate.

Where the contract is terminated due to failure to deliver under the conditions provided by law, all amounts paid will be refunded within fourteen days following termination.

Where the carrier is offered by SYNMATERIA, the risk of loss or damage passes to the customer when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the products.

Customers are encouraged to report any damaged parcel or delivery error to contact@synmateria.com. Failure to make reservations upon delivery does not affect the customer’s statutory rights.

8. Right of Withdrawal

The customer has fourteen days to notify us of their decision to withdraw, without having to provide any reason, subject to the exceptions set out in Article 10.

This period begins on the day following receipt of the product by the customer or by a third party designated by the customer other than the carrier. For an order containing several items delivered separately, the period begins on the day following receipt of the final item.

If the deadline expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

To exercise this right, the customer may submit the withdrawal form provided at the end of these Terms or any other clear statement expressing the decision to withdraw:

By email: contact@synmateria.com
By post: SYNMATERIA, 60 rue François Ier, 75008 Paris, France

Exercising the right of withdrawal does not require prior authorisation from the seller.

The customer must then return the products without undue delay and no later than fourteen days after communicating the decision to withdraw, to the following address:

ARTHUR AVELLANO — Returns SYNMATERIA
28 rue de la Fourmi
31200 Toulouse
France

The direct cost of returning the goods is borne by the customer in the event of withdrawal. This does not apply to costs that must be borne by SYNMATERIA in connection with a defective, non-conforming or incorrectly supplied product.

Tracked shipping and retention of proof of shipment are recommended.

9. Condition of Returned Items

The customer may inspect and try on the product to the extent necessary to establish its nature, characteristics and proper functioning, as they would be able to do in a physical store.

Products must be returned with their accessories and, where possible, their original tags and packaging. The absence of the original packaging alone does not justify refusal of the right of withdrawal.

The customer may be held responsible for any reduction in value resulting from handling beyond what is necessary for such inspection. Any deduction must be justified and proportionate to the reduction in value observed.

Latex garments must be handled carefully and in accordance with the fitting and care instructions provided. Their material or the fact that they have simply been tried on does not automatically exclude them from the right of withdrawal.

For samples and archive pieces, the condition of the returned item will be assessed against the condition in which the product was delivered, taking into account any characteristics disclosed before the sale.

10. Personalised and Made-to-Measure Products

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to products made according to the customer’s specifications or clearly personalised, including pieces made to individual measurements.

This exception is indicated before the order of the relevant product is placed.

The fact that an item is manufactured after an order is placed, or that a choice is offered between standard sizes and standard colours, is not in itself sufficient to automatically exclude the right of withdrawal.

Statutory guarantees remain applicable to personalised and made-to-measure products.

11. Refunds and Exchanges

In the event of withdrawal, SYNMATERIA will refund the amounts due without undue delay and no later than fourteen days following notification of the customer’s decision.

The refund may be withheld until the products have been received or until the customer provides proof that they have been shipped back, whichever occurs first.

Where the withdrawal concerns the entire order, the original shipping costs will be refunded up to the cost of the least expensive standard delivery method offered at the time of purchase. Any additional cost resulting from the customer’s choice of a more expensive delivery method will not be refunded.

Refunds are issued to the payment method used for the order, unless the customer expressly agrees to another method, and without additional fees.

For an exchange, the customer may contact contact@synmateria.com. Subject to availability, an exchange may be arranged, or the customer may return the product in accordance with the applicable conditions and place a new order.

12. Statutory Guarantees

SYNMATERIA is liable under the statutory guarantee of conformity and the statutory guarantee against hidden defects.

To exercise these rights, the customer may contact:

SYNMATERIA
60 rue François Ier, 75008 Paris, France
contact@synmateria.com
+33 6 81 63 06 54

Return instructions will be provided to the customer. Statutory guarantees are implemented at no cost to the customer under the conditions provided by law.

Statutory Guarantees Notice

The consumer has a period of two years from delivery of the goods to obtain implementation of the statutory guarantee of conformity where a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or digital service throughout the agreed supply period. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without significant inconvenience.

If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.

If the consumer requests repair of the goods but the seller requires replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract and obtain a full refund in exchange for returning the goods where:

1° The professional refuses to repair or replace the goods;

2° Repair or replacement takes place after a period of thirty days;

3° Repair or replacement causes significant inconvenience to the consumer, in particular where the consumer ultimately bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;

4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is sufficiently serious to justify an immediate price reduction or termination. In such circumstances, the consumer is not required to request repair or replacement beforehand.

The consumer is not entitled to terminate the sale where the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are returned.

The rights referred to above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs implementation of the statutory guarantee of conformity may incur a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code for a period of two years from discovery of the defect. This guarantee entitles the consumer to a reduction in price if the goods are retained, or to a full refund in exchange for returning the goods.

For second-hand goods, the statutory guarantee of conformity also applies for two years. The presumption that the defect existed before delivery applies for twelve months from delivery of the goods.

13. Personal Data

Personal data required for an order is processed for the management of purchases, payments, deliveries, customer service and the seller’s legal obligations.

Details regarding processing activities, recipients, retention periods and individuals’ rights are set out in the Privacy Policy available on the website.

Any request relating to personal data may be sent to contact@synmateria.com.

14. Complaints and Consumer Mediation

For any complaint, the customer may contact SYNMATERIA by email at contact@synmateria.com or by post at 60 rue François Ier, 75008 Paris, France.

In accordance with the provisions of the French Consumer Code relating to consumer dispute mediation, after first contacting us and where no satisfactory solution has been reached, the customer may use the following consumer mediation service free of charge:

CM2C
49 rue de Ponthieu
75008 Paris
France
Telephone: +33 1 89 47 00 14
Website: Submit a dispute to CM2C
Email: litiges@cm2c.net

Use of mediation is optional and does not affect the customer’s right to bring proceedings before the competent court.

15. Governing Law

These Terms and Conditions of Sale are governed by French law.

This choice does not deprive consumers residing in another country of any mandatory protective provisions from which they benefit under the law applicable to their situation.

Any dispute will be subject to the jurisdiction of the competent courts in accordance with applicable legal rules.