Terms and Conditions

The following General Terms and Conditions (hereinafter: “GTC”) apply to the use of our website www.strauss.fr and to all contracts that we, Strauss France SAS (hereinafter: “we” or “Strauss”), conclude with consumers (hereinafter: “you” or “customer”) via our website www.strauss.fr. These GTC apply only if you are a consumer. A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. If you are an entrepreneur, a legal entity under public law or a special fund under public law, our “General Terms and Conditions for Sales to Entrepreneurs” shall apply, which can be accessed via the following link: strauss.com/fr/en/Legal_information/Terms_and_Conditions/B2C. We accept orders exclusively on the basis of these Terms and Conditions. We do not recognise any deviating terms and conditions. This also applies even if we do not expressly object to their inclusion.

By using this website and ordering products via this website, you undertake:

1. To use this website solely to make legitimate enquiries or place orders.
2. Not to place any fraudulent orders. If we have reason to believe that such an order has been placed, we are entitled to cancel it and inform the relevant authorities.
3. To provide us with your email address, postal address and/or other truthful and accurate contact details. You also authorise us to use this data so that we may contact you, if necessary, in connection with your order (see our privacy policy).

You cannot place an order unless you provide us with all the necessary details.

By placing an order on this website, you confirm that you are over 18 years of age and/or have the legal capacity to enter into contracts.

By clicking the “BUY NOW” button, the customer places a binding order.

Before completing their order, the customer has the opportunity to check the details they have entered via the “Final Check” section and to amend them if necessary.

Once the order has been submitted, an email will be sent to the customer confirming the order and listing its details.

The contract is concluded and processed in French, German or English, depending on the language setting you have selected in our online shop.

We reserve the right to remove products from this website at any time and to replace or amend content or information on this website.

Although we always endeavour to process all orders as efficiently as possible, exceptional circumstances may arise that are attributable either to the customer, an unforeseeable and insurmountable event involving a third party, or force majeure, such as a problem relating to manufacturing or stock levels, or a payment issue that meets these criteria, and which may force us to refuse to process an order after we have sent you the order confirmation.

We reserve this right at all times. In this case, if payment has already been made, we will refund all amounts paid, including delivery costs, as soon as possible using the same payment method you used when placing your order.

In any event, you will not incur any costs as a result of this refund.

We cannot be held liable to you or any third party for the removal of a product from this website, the removal or alteration of material or content on this website, or the non-processing of an order in the aforementioned cases after the order confirmation has been sent.

Our products can only be delivered within France (excluding overseas territories) and to Corsica.

We offer free delivery to the address you provide for orders with a total value of €120.00 or more, including VAT. If your order is below this amount, the delivery charge is just €6.90, including VAT. Packaging costs are covered by Strauss.

Within mainland France, you will usually receive your delivery within 3 to 5 working days (Monday to Friday, excluding Saturdays) of us receiving your order, or upon receipt of the full order amount if you have chosen the prepayment method (bank transfer before delivery). Delivery to Corsica usually takes place within 4 to 6 working days (Monday to Friday, excluding Saturdays) after we receive your order, or after receipt of the full order amount if you choose the prepayment method (bank transfer before delivery). If the goods are embroidered, printed or otherwise customised according to your specifications, a delivery date will be agreed on a case-by-case basis.

We will endeavour to deliver the products listed in the order confirmation before the expiry of the period specified in this order confirmation or, if no date is specified, within the period specified when selecting the delivery method, and in any case within a maximum of 30 days from the date of the order confirmation. Should we be unable to meet the delivery date, we will inform you and either suggest that you proceed with the purchase with a new delivery date, or cancel your order and refund the full amount you have paid.

For orders of products to be delivered outside France, including overseas departments and territories, please place your order via our German webshop. You can access our German webshop via the following link: www.strauss.de

All prices quoted to consumers include the applicable statutory VAT. The prices valid on the day of the order in the online shop apply. Upon the publication of a new version of the online shop, all previous price quotations lose their validity. However, changes do not affect orders for which a confirmation has already been sent. Prices do not include delivery costs, which are added to the total amount payable.

The price of the products corresponds to the price stated on our website, except in the case of an obvious error. Despite our best efforts to ensure the accuracy of the prices stated on the website, errors may occur. If we discover an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer you the option to confirm your order at the correct price or to cancel it. If we are unable to contact you, the order will be deemed cancelled and we will refund the full amount paid.

The goods remain the property of Strauss until the purchase price (including delivery costs) has been paid in full, or are transferred to you at the time of delivery if this takes place after payment.

You bear the risk for the goods from the time of delivery.

In the event of damage caused by Strauss, liability for slight negligence is excluded.

This does not apply to injury to life, limb or health, the breach of cardinal obligations, i.e. those obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely, to guarantees, or where claims under the Product Liability Act are concerned.

This also applies to acts of our legal representatives, employees or vicarious agents.

Liability in the event of a breach of essential contractual obligations is limited to the foreseeable, typically occurring damage.

The statutory claims of our customers are not excluded by the above limitations of liability.

At Strauss, you can choose between the following payment options: Google Pay, Apple Pay, prepayment (bank transfer prior to delivery), credit card, carte bancaire, PayPal.

If you instruct us to send the invoice or equivalent payment statement electronically by email, it will be sent via transport-encrypted email, but without end-to-end encryption.

If the goods purchased by the customer are a set, Strauss reserves the right, in the event of a cancellation of the purchase, to charge the retail prices valid at the time of the order for the non-returned goods in the case of sets that are not returned in full.

Cancellation policy

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item.

To exercise your right of withdrawal, you must inform us

Strauss France SAS
44a rue de l’Industrie
67160 Wissembourg
Tel: 01 87 44 95 38
Fax: 01 87 44 95 40

Email: info@strauss.fr

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.

You may also complete and submit the model withdrawal form or another clear statement electronically via our website www.strauss.fr. The online withdrawal form is available at the following link: strauss.com/fr/en/Legal_information/Cancellation_policy. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.

We will use the same means of payment for this refund as you used when placing your order, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

We shall bear the costs of returning the goods if you use the return label provided by us for a return shipment arranged within France. Otherwise, you shall bear the costs of returning the goods.

You will only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish their nature, characteristics and functioning.

Exceptions to the right of withdrawal:

The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs (e.g. emblems, embroidery, company logos, printing, etc.), nor does it apply to contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery.

Model withdrawal form:

(If you wish to withdraw from the contract, please complete this form and return it.)

To

Strauss France SAS

44a rue de l‘Industrie

67160 Wissembourg

Fax: 01 87 44 95 40

Email: info@strauss.fr

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the customer

Customer’s address

Signature of the customer (only for paper notifications)

Date

(*) Delete as appropriate

Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions or the validity of the contract as a whole. The invalid provision shall be replaced by a provision whose effect comes as close as possible to the economic objective which the contracting parties intended to achieve with the invalid provision.

Strauss takes the protection of its customers’ privacy and personal data very seriously and undertakes to take appropriate measures to protect personal data (hereinafter “data”) and to process and use this data in accordance with the applicable provisions, in particular the European Regulation 2016/679 of 27 April 2016 and the French “Informatique et Libertés” Act of 7 June 1974, as amended.

The Data is processed electronically by Strauss in its capacity as data controller, the purpose of such processing being set out in the privacy policy and the provisions governing the processing of personal data (hereinafter the “Privacy Policy”), which is available on our website (www.strauss.com/fr/de/Aspects_juridiques/Protection_des_donnees).

The data will only be stored for as long as is strictly necessary to fulfil the purposes set out in the privacy policy.

Every natural person has the right of access, rectification, erasure and data portability, as well as the right to restrict processing and to object to processing, and to determine the fate of their data after their death. These rights may be exercised in accordance with the procedures set out in the privacy policy.

Should the right to object be exercised, all communication with the customer (with the exception of the management of their account) will cease.

Detailed information on the processing of data can be found in our Privacy Policy.

Strauss shall not be liable for any failure to perform or delay in performing its contractual obligations caused by events beyond its reasonable control (hereinafter “force majeure”), as defined in Article 1218 of the Civil Code and in case law.

It is agreed that, on the one hand, Strauss’s contractual obligations shall be suspended for the duration of the event of force majeure and, on the other hand, the time limits for the performance of these obligations shall be extended by the duration of the event of force majeure. Strauss shall endeavour, as far as possible, to bring the event of force majeure to an end or to find a solution enabling it to fulfil its contractual obligations despite the event of force majeure.

Strauss reserves ALL RIGHTS to every website design, every text and all graphics. Copying or reproduction (including printing on paper) of the entire website or parts thereof is permitted solely for the purpose of placing an order with Strauss or for the purpose of using this website as a shopping resource.

Any other use of the materials or information available on this website – including reproduction, redistribution, modification and publication for any purpose other than those mentioned above – is prohibited unless Strauss has given its prior written or electronic consent.

Should our website contain links to other websites and third-party data, these links are provided for information purposes only, and we have no influence over the content or data of these websites. We therefore accept no liability for any loss or damage arising from the use of these links.

In accordance with the provisions of Article L.541-10-13 of the French Environmental Code, Strauss has joined several environmental organisations to fulfil its obligations and, in this context, has a unique identifier (hereinafter “IDU”) for each sector covered by extended producer responsibility. These IDUs are as follows:

IDU for the category ‘clothing textiles, footwear, household linen, new textile products for the home’

• FR416705_11QJIG

IDU for the category “Graphic paper and household packaging”

• FR406117_01ARES

IDU for the category ‘Sport and leisure’

• FR406117_13QMWF

IDU for the ‘Electrical Appliances’ sector

• FR406117_13QMWF

IDU for the ‘Batteries’ sector

• FR406117_06MOHF

As the seller, Strauss is liable to the customer for any lack of conformity of the goods in accordance with the provisions of Articles L. 217-3 et seq. of the French Consumer Code, as well as for any hidden defects in the goods sold in accordance with the provisions of Articles 1641 et seq. of the Civil Code.

Statutory guarantee of conformity for the customer pursuant to Articles L. 217-3 et seq. of the French Consumer Code:

Within a period of two (2) years from delivery of the goods, the customer may, under the statutory guarantee of conformity, assert the rights relating to defects described below. This applies to all goods, including goods with a digital element, and to contracts providing for the continuous supply of digital content or services for a period of less than or equal to two (2) years, or where the duration of the supply is not specified.

In the case of contracts providing for the continuous supply of digital content or services for a period of more than two (2) years, Strauss shall be liable for any lack of conformity of the digital content/services that occurs during the period in which they are supplied in accordance with the contract.

Please note the following:

• For all goods repaired under the statutory guarantee of conformity, this statutory guarantee of conformity is extended by six (6) months.
• If the customer opts for the goods to be repaired, but this is not or cannot be carried out by Strauss, a new statutory guarantee of conformity for the replaced goods shall commence upon the replacement of the goods with goods that are in conformity. This provision shall apply from the date on which the replacement goods are delivered to the customer.
• Any downtime incurred whilst goods covered by the warranty are being repaired shall suspend the remaining warranty period until the repaired goods are delivered (the period shall commence on the date of the customer’s support request or the date on which the goods in question were handed over for repair or replacement, whichever is more favourable to the customer).
• The warranty period is also suspended if the customer and Strauss enter into negotiations for an amicable settlement.

The customer may choose to have the goods repaired or replaced (subject to the cost conditions set out in Article L. 217-12 of the French Consumer Code) or, if this is not possible, may request a price reduction or the termination of the contract in the following cases (Article L. 217-14 of the French Consumer Code):

• if Strauss refuses to repair or replace the goods.
• if the repair or replacement of the goods takes place after a period of thirty (30) days following the consumer’s request, or if this causes the customer significant inconvenience, taking into account the nature of the goods and the use for which the customer intended them.
• if the customer ultimately bears the costs of returning or collecting the goods that do not conform to the contract, or if they bear the costs of installing the repaired or replaced goods or the associated costs.
• if the non-conformity of the goods persists despite Strauss’s unsuccessful attempt to bring them into conformity with the contract.
• if the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract without the customer first having to demand repair or replacement of the goods.
• The price reduction corresponds to the ratio between the value of the goods delivered and the value of the goods without the lack of conformity.
• The customer is exempt from the obligation to provide evidence of the non-conformity of the goods if they act within twenty-four (24) months of delivery of the goods, except in the case of second-hand goods, for which this period is set at twelve (12) months.

For contracts providing for the continuous supply of digital content or a service, the following time limits apply:

• for a period of two (2) years from delivery of the goods, if the provision of the digital content/services is intended for a period of no more than two (2) years or if the contract does not specify a provision period.
• during the period of provision of the digital content/services, if the contract provides for provision for a period of more than two (2) years.

In accordance with Articles L. 217-18 to L. 217-20 of the French Consumer Code, for goods containing digital elements, the customer shall receive the updates necessary to maintain the conformity of the goods:

• For a period which the consumer may reasonably expect, taking into account the nature and intended use of the goods and the digital elements, as well as the circumstances and nature of the contract, in the case of a one-off supply of digital content or digital services;
• For a period of two years from the date on which the goods containing digital elements were supplied, where the sales contract provides for the continuous supply of digital content or digital services over a specified period;
• For the duration of the period during which the digital content or digital services are provided in accordance with the contract, where the contract provides for the continuous provision of the digital content or digital services over a period exceeding two years.
• If the customer fails to install the aforementioned updates within a reasonable period, Strauss shall not be liable for any breach of contract attributable solely to the failure to install the updates in question, provided that the customer has been informed of the availability of the updates and the consequences of failure to install them, and that this failure on the part of the consumer is not attributable to defects in the installation instructions provided to them.

Where the customer is acting under the warranty for latent defects pursuant to Articles 1641 et seq. of the Civil Code, they have two (2) years from the discovery of the defect to take action.

Strauss recommends that the customer consult the manufacturer’s documentation accompanying the product to ascertain the duration of the manufacturer’s guarantee regarding the availability of spare parts on the market (Article L. 111-4 of the French Consumer Code). 

The above-mentioned legal provisions are also set out in the appendix to these Terms and Conditions.

Commercial guarantees are provided to the customer in the form of a written document handed over at the time of delivery of the products and may, in particular, be mentioned in the instructions for use, on the product packaging or in a specific written contract. This document defines the content and terms of the commercial guarantee, in particular its duration. This document defines the content and terms of the warranty, in particular its duration. Please note that entitlement to the commercial warranty is subject to the presentation of a proof of purchase.

These Terms and Conditions, the use of the website, and the offer and sale of products are governed exclusively by French law.

In the event of a dispute, the customer should first contact Strauss in order to reach an amicable settlement. To ensure that a written complaint is dealt with quickly and efficiently, Strauss recommends sending an email or letter with the subject line “Complaint prior to referral to the Ombudsman” and providing the complaints department with the following information: their contact details, the number and date of the purchase invoice (or, if not available, the product in question, the date and nature of the purchase, and the method of payment), the reason for the complaint, any documents useful for understanding the complaint (e.g. a photograph), and the desired resolution. The customer and Strauss will make every effort to reach an amicable settlement.

In accordance with the applicable legislation, the customer is informed that, in the event of a dispute, they may have recourse to a conventional mediation procedure or another alternative dispute resolution procedure:

Consumer dispute resolution: In accordance with the provisions of the Consumer Code on the amicable settlement of disputes, Strauss informs all customers that it is a member of the CM2C mediation service, whose contact details are as follows:

1. Centre de la Médiation de la Consommation de Conciliateurs de Justice
   Address: 49 Rue de Ponthieu, 75008 Paris
2. Website: https://cm2c.net/
3. Telephone: 01 89 47 00 14
4. Contact email: litiges@cm2c.net

In the event of a dispute, the customer undertakes to contact Strauss first in order to reach an amicable settlement. The parties shall endeavour in good faith to settle the dispute amicably.

If this proves unsuccessful, the matter may be referred to the mediator for all consumer disputes. The procedures for referring the matter to the mediator are set out on the following website:

www.cm2c.net/declarer-un-litige.php

Any disputes arising therefrom shall be submitted to the competent court in Paris, France, or to any other court having jurisdiction over the customer’s place of residence or habitual abode.




ANNEXE (Article D. 211-2 Code De la consommation)

Le consommateur dispose d'un délai de deux ans à compter de la délivrance du bien pour obtenir la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité et non la date d'apparition de celui-ci.

Lorsque le contrat de vente du bien prévoit la fourniture d'un contenu numérique ou d'un service numérique de manière continue pendant une durée supérieure à deux ans, la garantie légale est applicable à ce contenu numérique ou ce service numérique tout au long de la période de fourniture prévue. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité affectant le contenu numérique ou le service numérique et non la date d'apparition de celui-ci.

La garantie légale de conformité emporte obligation pour le professionnel, le cas échéant, de fournir toutes les mises à jour nécessaires au maintien de la conformité du bien.

La garantie légale de conformité donne au consommateur droit à la réparation ou au remplacement du bien dans un délai de trente jours suivant sa demande, sans frais et sans inconvénient majeur pour lui.

Si le bien est réparé dans le cadre de la garantie légale de conformité, le consommateur bénéficie d'une extension de six mois de la garantie initiale.

Si le consommateur demande la réparation du bien, mais que le vendeur impose le remplacement, la garantie légale de conformité est renouvelée pour une période de deux ans à compter de la date de remplacement du bien.

Le consommateur peut obtenir une réduction du prix d'achat en conservant le bien ou mettre fin au contrat en se faisant rembourser intégralement contre restitution du bien, si :

1° Le professionnel refuse de réparer ou de remplacer le bien ;

2° La réparation ou le remplacement du bien intervient après un délai de trente jours ;

3° La réparation ou le remplacement du bien occasionne un inconvénient majeur pour le consommateur, notamment lorsque le consommateur supporte définitivement les frais de reprise ou d'enlèvement du bien non conforme, ou s'il supporte les frais d'installation du bien réparé ou de remplacement ;

4° La non-conformité du bien persiste en dépit de la tentative de mise en conformité du vendeur restée infructueuse.

Le consommateur a également droit à une réduction du prix du bien ou à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n'est alors pas tenu de demander la réparation ou le remplacement du bien au préalable.

Le consommateur n'a pas droit à la résolution de la vente si le défaut de conformité est mineur.

Toute période d'immobilisation du bien en vue de sa réparation ou de son remplacement suspend la garantie qui restait à courir jusqu'à la délivrance du bien remis en état.

Les droits mentionnés ci-dessus résultent de l'application des articles L. 217-1 à L. 217-32 du code de la consommation.

Le vendeur qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10 % du chiffre d'affaires moyen annuel (article L. 241-5 du code de la consommation).

Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le bien est conservé ou à un remboursement intégral contre restitution du bien.