Terms of sale
Article 1 Preamble
Please read the following terms and conditions of sale carefully before purchasing any product on the website www.schmoove.com. Any purchase of products using this website will be subject to these terms and conditions of sale.
The products available on the website are offered for sale by the company RAUTUREAU APPLE SHOES, a simplified joint-stock company with a capital of €5,297,875.00, having its registered office at 2 rue des Boutons d’Or, 85130 LA GAUBRETIERE, FRANCE, registered with the LA ROCHE SUR YON Trade and Companies Register under No. B 302 640 008, owner of the SCHMOOVE brand (hereinafter "SCHMOOVE").
The purchase of SCHMOOVE brand products (hereinafter "the Products") offered for sale on the website www.schmoove.com (hereinafter "the Site") implies your acceptance of these general terms and conditions of sale (hereinafter "General Terms and Conditions of Sale").
The Products are exclusively intended to be sold to end consumers who are natural persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, you declare that you are acting as an end consumer and do not intend to resell, directly or indirectly, SCHMOOVE Products for commercial purposes; this commitment constitutes an essential condition of the sales contract.
By ordering Products on the Site, you certify that you are of legal age and have the legal capacity to enter into the commitments provided for herein.
The General Terms and Conditions of Sale may be amended at any time. You can review the version in force in the "GTC/Terms of Sale" section of the Site. The version of the General Terms and Conditions of Sale applicable to your purchase contract will be the one in effect at the time of your purchase. The General Terms and Conditions of Sale apply to your contract to the exclusion of all other general conditions, any other custom, or any implied condition in business practice.
With each purchase on the Site, you will be required to confirm your acceptance of these General Terms and Conditions of Sale and the Privacy Policy in force at the time of placing your order by checking the box "I accept the General Terms and Conditions of Sale and accept them unconditionally". You have the possibility to view the General Terms and Conditions of Sale before and after your purchase on the Site. The SCHMOOVE Privacy Policy is available at the following address: www.schmoove.com/policies/privacy-policy
Article 2 Navigation on the Site and Account Creation
It is not mandatory to create an account to browse the Site, nor to proceed with the purchase of Products on the Site.
If you optionally register on the Site to purchase Products, you are required to provide us with certain information such as your last name, first name, and email address. When making a purchase on the Site, you must also provide valid information regarding a credit or debit card (or other payment methods approved in these General Terms and Conditions of Sale) that you are legally authorized to use. We reserve the right to request additional proof or any supporting documentation relating to billing information, if necessary. By accepting the General Terms and Conditions of Sale, you guarantee that all information you provide is true, accurate, and complete at all times.
All personal information you provide to us when using the Site will be processed in accordance with our Privacy Policy and the law applicable to these General Terms and Conditions of Sale.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Article 3 Ordering Terms
3.1 Shopping Cart
The shopping cart contains the items you selected on the Site. Items added to your cart will remain there until you purchase or remove them. They will remain in your cart even after you leave the site, unless they become out of stock before you complete your purchase, in which case they will be automatically removed from your cart.
Products in your shopping cart are not reserved for you and remain available for purchase by other customers until you have submitted your order in accordance with the procedure described in these General Terms and Conditions of Sale and we have confirmed your order.
3.2 Product Availability
Products are offered for sale subject to stock availability. Indeed, at the time of order validation, a discrepancy may exist between the stock available in the IT system and physical inventory, particularly in the event of simultaneous orders of the same Product by several customers. The sale is therefore conditional upon Product availability in stock. Furthermore, SCHMOOVE retains ownership of the Products until full payment is received in accordance with these General Terms and Conditions of Sale.
In the event that a Product becomes unavailable after your order has been placed, we will inform you by email or phone as soon as possible, offering you either the option to order another Product displayed on the Site as a replacement, or to cancel your order.
SCHMOOVE cannot be held liable for any temporary or permanent unavailability of a Product or for out-of-stock situations. We reserve the right to change the Products offered on the Site at any time and without notice.
In order to ensure better service quality and Product availability for all our customers, we reserve the right to limit the quantity of Products that can be purchased by a customer, in compliance with applicable regulatory provisions.
SCHMOOVE also reserves the right to refuse or cancel any order of an abnormal nature, particularly regarding quantities ordered, order frequency, or any suspicion of professional resale activity.
3.3 Ordering Procedure
3.3.1 Product Selection
While browsing the Site, you can add Products to your selection by clicking on the Product, selecting your shoe size, and clicking "Add to cart". You can view your selection by clicking on the "cart" icon at the top right of the Site, displaying: Product photos, references, names, colors, selected sizes, unit prices, and the subtotal of the cart.
Products offered for sale on the Site are described and presented with the greatest possible accuracy (specifications, illustrations, size, composition, etc.). However, it is advised to consult the description of each Product by clicking "Product Details" to learn more about the item, particularly regarding the desired characteristics, as you are solely responsible for the choice and purchase of a Product. In case of doubt or query regarding a Product, you may contact our customer service (hereinafter "Customer Service").
For any questions regarding Products and/or your orders, you can contact Customer Service by clicking the « Contact us » link or by phone at +33 (0)2.51.66.36.41 from Monday to Friday, 9:00 AM to 12:00 PM and 2:00 PM to 5:00 PM (UTC+1 time zone).
3.3.2 Identification when Purchasing With or Without a Customer Account
After selecting the Product(s), review and accept the General Terms and Conditions of Sale, then click "Proceed to checkout" to initiate the ordering process.
Creating a customer account is not mandatory to place an order on the Site. You may choose whether or not to create a customer account.
If you choose to create a customer account, you will need to identify yourself at this stage by entering your login details and password, or by creating an account by confirming your email address and establishing a password.
You may also choose to log in using Shop App, a digital shopping assistant app, via their own interface.
Your credentials and passwords are strictly personal. Consequently, you agree to keep them secure and never disclose them to a third party. In case of theft or fraudulent use of your customer account, you agree to inform Customer Service immediately.
When using a customer account, data recorded by the Site constitutes proof of the nature, content, and date of all transactions made between SCHMOOVE and you. In the event of a dispute regarding a transaction conducted via a customer account, this data will prevail unless proven otherwise by you.
You may request the deactivation of your customer account at any time by sending an email to: dpo@schmoove.com.
3.3.3 Validation of Orders Placed on the Site
In order to access the payment and shipping page, you must first check the box « I acknowledge that I have read the General Terms and Conditions of Sale and accept them unconditionally » and thereby validate your cart.
Next, you will need to complete:
- Your contact email address;
- Your contact details and delivery address;
- The shipping method;
- The payment method and relevant information. You can use your delivery address as the billing address or enter a different one.
For more information on prices and payment methods, please refer to the provisions of Article 4 of these General Terms and Conditions of Sale.
Once this step is completed, click "Pay now".
You must carefully verify the accuracy of your selection before confirming your order and proceeding with payment. While every effort is made to ensure that the color and pattern of Products pictured on the Site are faithful to the original Products, variations may occur, particularly due to technical limitations in color rendering on your computer equipment. We cannot be held liable for non-substantial errors or inaccuracies in photographs or graphic representations of Products shown on the Site. If you have questions about the Products, you can contact our Customer Service.
Once submitted, your order is transmitted to us for processing. The sales contract will be formed once we receive your order and confirm it to you by email. We will proceed with shipping your Product subject to Product availability (as specified above) and effective payment receipt.
We reserve the right not to accept an order from a customer with whom we have a dispute regarding a previous order, or if we reasonably believe that the customer has violated these General Terms and Conditions of Sale or engaged in fraudulent activity, or for any other legitimate reason.
3.3.4 Order Summary
An order summary will be sent to you by email. This summary will feature your billing and shipping addresses, any applicable price discounts, delivery charges, Product prices, applicable VAT, and the total order amount. We advise you to retain this summary.
You will subsequently receive a dispatch confirmation email. We make every effort to send our communications as quickly as possible. We advise you to check your « Spam » folder if you have not received the dispatch confirmation email.
Article 4 Prices and Accepted Payment Methods
4.1 Prices
All prices displayed on this Website are expressed in euros and include VAT at the applicable rate, excluding the countries listed in the table below:
| Country | Currency |
|---|---|
| Switzerland | CHF |
| United States | USD |
| United Kingdom | GBP |
Prices are applicable upon order validation by the consumer for delivery within the territory of the European Union, Switzerland, and the United States, and do not include shipping fees, which are charged additionally and indicated prior to final order validation. These shipping costs are detailed on the order summary page before validation and payment.
Products are billed based on the rates displayed on the Site at the time of placing your order, subject to availability.
Product prices available on the Site are subject to change. Thus, if you have created a customer account, prices displayed under "My Account/My Orders" on the order summary page correspond to prices paid for previous orders. We may therefore offer the same Product for sale at a price different from what was paid during a prior order. You must check the current price at the time of ordering, which is shown when placing the Product in the cart.
When shipping an order or Product to a country outside Metropolitan France, the consumer is reminded that they remain the importer of the product(s) concerned. Any customs duties, associated customs fees, local taxes, import duties, or state taxes that may be due will not be the responsibility of SCHMOOVE, except for deliveries made to the United States, United Kingdom, and Switzerland, where SCHMOOVE covers import customs procedures as well as applicable duties and taxes in these three destination countries, unless otherwise stated at the time of order.
The consumer remains responsible for complying with local legislation applicable to Products in the destination country and ensuring that ordered Products can be legally imported and used there.
Further information regarding international delivery terms and potential fees is available under the "Delivery" tab of the Site.
4.2 Payment
Only the payment methods mentioned in points 4.2.1, 4.2.2, and 4.2.3 are accepted.
SCHMOOVE reserves the right to suspend or cancel any order in the event of payment authorization refusal by financial institutions, suspected fraud, or non-payment.
4.2.1 Payment by Credit/Debit Card
Payment for your order is made exclusively via secure online payment using your bank card: Visa, Carte Bleue, Mastercard, and American Express (Amex).
Card payments are processed securely through the Shopify Payments solution, compliant with current security standards, including the SSL (Secure Socket Layer) protocol, to ensure confidentiality and security of data transmitted during transactions.
Payment data is directly processed by authorized payment service providers for transaction execution and is not stored by SCHMOOVE.
4.2.2 Payment by PayPal
PayPal is a secure online payment service allowing purchases via a PayPal account or, depending on options offered by PayPal, directly by card.
If you choose payment via PayPal, you will be automatically redirected to the secure PayPal interface to finalize the transaction in accordance with the service provider's terms of use.
4.2.3 Payment with E-Gift Card
You can make payment using a SCHMOOVE E-GIFT CARD.
The E-GIFT CARD is not a credit card. It can be used as a payment method, in one or multiple installments during its validity period, solely to pay for purchases made in euros on www.schmoove.com up to its loaded balance.
If the E-GIFT CARD balance is insufficient to cover the total order amount, the BENEFICIARY may top up the difference using any other accepted payment method.
For more information on E-GIFT CARDS, please review our General Terms of Use.
SCHMOOVE reserves the right not to accept E-GIFT CARD payments during certain commercial operations or promotional periods.
4.3 Fraud Prevention
Information related to your order is processed by our teams. This data processing aims to define transaction risk levels and fight credit card fraud.
SCHMOOVE may also request any supporting documents required to validate the order and suspend processing until requested items are received.
For any questions regarding your data processing, please refer to the Privacy Policy available on the Site.
Article 5 Delivery and Product Receipt
5.1 Product Delivery Methods
5.1.1 Delivery Countries and Territories
Products available on the Site can be delivered to:
- Metropolitan France and Corsica
- Andorra
- Monaco
- Certain European Union countries, currently including: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain (excluding Balearic Islands, Canary Islands, Ceuta, and Melilla), Estonia, Finland, Greece, Hungary, Ireland, Italy (excluding Vatican City, San Marino), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal (excluding Madeira and Azores), Czech Republic, Romania, Slovakia, Slovenia, Sweden.
- Certain non-EU countries, currently including: United States, Liechtenstein, United Kingdom (excluding Channel Islands), and Switzerland.
- As an exception to the above, we do not deliver to French Overseas Territories (DROM-COM).
5.1.2 Shipping Methods
Available delivery services vary depending on the destination country.
- We deliver via COLISSIMO (La Poste Group) in Metropolitan France, Corsica, Monaco, and Andorra;
- We deliver via CHRONOPOST in Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain (excluding Balearic Islands, Canary Islands, Ceuta, and Melilla), Estonia, Finland, Metropolitan France and Corsica, Greece, Hungary, Ireland, Italy (excluding Vatican City, San Marino), Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal (excluding Madeira and Azores), Czech Republic, Romania, Slovakia, Slovenia, Sweden.
- We deliver via DHL exclusively to the following countries: Cyprus, United States, Liechtenstein, Malta, United Kingdom, and Switzerland.
For further details on shipping methods, rates, and delivery times, please refer to the "Delivery" page on the Site.
The estimated dispatch timeframe for pre-ordered Products will be explicitly noted on the product page. In case of schedule modifications, you will be notified immediately by email and/or via your customer account.
SCHMOOVE reserves the right to refuse or cancel any order if it considers that it cannot fulfill delivery for any reason whatsoever.
5.1.3 Delivery Warnings
Please ensure you have specified all necessary information for order delivery, including a mandatory telephone number where you can be reached.
We cannot be held liable for entry errors and resulting consequences, such as delivery delays and/or errors. In such cases, all costs incurred for reshipping the order will be entirely at your expense.
Information regarding delivery methods is also accessible from the shopping cart validation page and order summary page prior to payment. No delivery will be made if full payment collection proves impossible.
We will make every effort to ship your purchases as quickly as possible after placing the order, in accordance with the shipping method chosen by the Client upon order placement.
In case of missing delivery or delays, you must contact Customer Service promptly at the number provided at the bottom of the Site homepage. In this event, we may offer to either re-ship the Product or cancel the order and issue a refund.
In case of suspected parcel loss, an investigation may be opened with the relevant carrier. Processing of the Client's claim may be suspended until closure of this investigation.
5.2 Product Receipt
Risk of loss or damage to Products transfers to you upon delivery, i.e., when you (or any third party designated by you) take physical possession of the Products concerned.
Upon order delivery, you are required to check the conformity and condition of your order in the presence of the carrier and make any necessary reservations regarding apparent defects (missing item, damaged parcel, etc.). Only damages and anomalies specified in the reservations issued by the consumer will be taken into account in dispute resolution by the transport provider.
It is also your responsibility (or that of any designated third party) to check the number and condition of Products upon carrier delivery. If the received package is open or visibly damaged, or if all or part of the Products inside are damaged, missing, or do not match the order, you (or your designated third party) are invited to refuse delivery of the package or Products concerned and state detailed written reservations to the carrier (opened package, damaged/missing/non-conforming item(s), etc.).
We remind you that in the event of a delivery issue, you must keep all items received in their original state (including packaging and outer wrapping) until complete resolution of your claim.
Failure to comply with the rules outlined above may result in refusal of claim processing by the shipping carrier.
In any event, you also agree to notify us without delay and at the latest within two (2) business days following delivery via the "Contact us" section at the bottom of the Site homepage, allowing us to investigate with the carrier and/or exercise remedies against the carrier within regulatory deadlines, where applicable.
In case of a missing Product or parcel declared lost by the carrier, SCHMOOVE will proceed to reship the Product(s) concerned. If the Product(s) are out of stock, SCHMOOVE will issue a refund after final validation of the file by the carrier and our services.
In the event of Product unavailability, a full refund will be issued using the payment method originally used when placing the order.
It is specified that the above provisions do not deprive you of the benefit of the right of withdrawal provided for in Article 6 below or legal guarantees provided for in Article 8 below.
SCHMOOVE reserves the right to request any relevant evidence to confirm non-delivery claims, including a sworn statement, photo, or carrier documentation.
5.3 Product Returns
You benefit from a right of withdrawal allowing you to return ordered Products without providing reasons under the conditions set out in Article 6 below.
For any return reason, you are invited to follow the return procedure indicated on the "Returns" page or contact Customer Service, who will provide the necessary instructions to handle your request as quickly as possible and issue a replacement delivery if applicable. You can track your return procedures under the "My Returns" tab in your SCHMOOVE account.
Every return is inspected by our teams. To be accepted, shoes must be in the exact condition you received them: brand new, unworn, complete with accessories (laces, bag, etc.), and in their original packaging. The shoe box must not be used as shipping packaging; it must arrive intact and suitable for resale.
Care should be taken when trying on footwear. We recommend trying on shoes on a clean, carpeted surface to avoid damaging the soles. Returns of shoes with damaged soles preventing resale will be rejected.
Regarding clothing and textile items, returned Products must be unworn, clean, and free of stains or odors (including makeup, perfume, sweat, laundry detergent, or any other alteration). Original tags and, where applicable, security or hygiene seals must remain intact and attached to the Products. Any returned item failing to comply with these conditions may be refused and returned to you at your expense.
We reserve the right to refuse a return if all these conditions are not met, if the product shows damage, or for hygiene reasons. In such cases, products will be returned to you.
Any Product returned incomplete, damaged, soiled, worn, or unsuitable for resale may be rejected or subject to a deduction corresponding to the observed depreciation of the Product.
Applicable return procedures and potential associated fees are specified in the "Returns" tab on the Site, which you are invited to consult prior to submitting any return request.
For orders shipped outside the European Union, you must prepay return shipping with the carrier of your choice. Products must be returned to us cleared of customs duties and free of any fees or taxes to be borne by us. Should customs duties, taxes, import fees, or any additional costs be claimed from us by the carrier or competent authorities upon parcel receipt, these will be deducted from your refund amount.
Article 6 Right of Withdrawal
You may, without stating reasons, cancel your order within fourteen (14) calendar days from the date of receipt of the ordered Products, the actual delivery date to the Client serving as proof. If this fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day. Beyond this period, you will no longer be able to exercise your right of withdrawal.
This right of withdrawal is exercised without penalty, except for return shipping fees, which remain at your expense for orders under €80 placed in Metropolitan France, as well as for all orders placed outside Metropolitan France, unless caused by an established error on our part.
The procedure described in section « 5.3 Returns » applies to returning goods.
In the event of exercising the right of withdrawal, the Company will refund the consumer within fourteen (14) days following receipt of the return. The consumer will then be refunded via re-credit (secure transaction) in case of card payment.
Unless expressly agreed otherwise between parties or technically impossible, the refund will be executed using the same payment method as used during order placement.
We offer you the option to complete and submit your withdrawal declaration online by logging into your customer account. You will then receive prompt confirmation of your withdrawal by email.
You may also submit your withdrawal request by contacting Customer Service or using the model withdrawal form available in the appendix to these General Terms and Conditions of Sale.
Article 7 Limitation of Liability
We cannot be held liable for breach of any of our obligations if poor contract execution results from force majeure, your own act or omission, the unpredictable and insurmountable act of a third party to the contract, or an obstacle beyond our control that could not reasonably be foreseen at the time of entering into the contract, and whose consequences could not reasonably be avoided or overcome.
Force majeure events include, but are not limited to: carrier strikes, disruptions in postal or logistics networks, cyberattacks, unavailability of payment services, pandemics, natural disasters, labor disputes, or administrative decisions.
Article 8 Guarantees
8.1 Legal Guarantee of Conformity
The terms of the legal guarantee of conformity are established in Articles L.217-3 et seq. of the French Consumer Code.
In accordance with the aforementioned provisions, we must deliver goods that conform to the contract and respond to defects of conformity existing at the time of delivery.