Terms of Sale
Terms and Conditions of Sale
These Terms and Conditions of Sale govern every purchase made on www.smtz.fr and set out the rights and obligations of SMTZ and of its customers.
Preamble
These Terms and Conditions of Sale (the “Terms”) govern the contractual relationship between SARL SMTZ, a French limited liability company registered under company number 931 621 643 (SIRET 931 621 643 00044), with its registered office at 17 rue Raymond Morin, 57400 Sarrebourg, France, and any individual acting outside their trade or profession (the “Customer”) who purchases products through www.smtz.fr (the “Site”).
By placing an order, the Customer accepts these Terms in full and without reservation. They may be amended at any time; the version that applies is the one in force on the day the order is placed. The Terms were originally drafted in French, and this English version is provided for information. They are available on the Site at all times.
Acceptance of these Terms
By confirming an order, the Customer confirms that they have read and accepted these Terms without reservation. These Terms prevail over any other document, save for the mandatory provisions of the French Consumer Code, which apply in all cases.
The Customer confirms that they are at least 18 years old and have the legal capacity to enter into a contract.
Products
The products offered on the Site are intended for personal, private use. Each product comes with a description setting out its essential characteristics and its price.
Photographs and images are provided for illustration. Slight variations in shade or finish, in particular those caused by screen settings, do not constitute a defect.
All products meet the consumer safety and health requirements of applicable French and European law.
Prices
Prices are shown in the currency of the store you are browsing, inclusive of tax and exclusive of shipping. For deliveries outside the European Union, displayed prices do not include customs duties or local taxes unless expressly stated at checkout.
The total amount due, including shipping, is shown to the Customer before the order is finally confirmed. SMTZ may change its prices at any time; the price that applies is the one displayed when the order is placed.
VAT
SMTZ's intra-community VAT number is FR61 931 621 643.
For sales to countries outside the European Union, French VAT is not charged. The Customer is then liable for the import taxes and customs duties applicable in their country, except where those charges are collected at checkout and paid by SMTZ (see Article 8).
Availability
Product offers are valid while stocks last.
If a product becomes unavailable after an order has been placed, SMTZ will inform the Customer by email as soon as possible and will offer, at the Customer's choice, either a refund of the corresponding amount or a replacement with an equivalent item. No replacement will be sent without the Customer's express agreement. Any refund is made within fourteen (14) days of the Customer being informed.
Placing an order
To place an order, the Customer follows these steps:
- Select the products and add them to the cart
- Review and confirm the cart
- Enter shipping and billing details
- Choose a shipping method and a payment method
- Check the summary, then confirm and pay for the order
Confirming the order constitutes acceptance of the price and of the product description. A confirmation email summarising the order is sent to the Customer; the sale is definitively concluded when that email is received.
SMTZ reserves the right to cancel or refuse any order in the event of a previous payment dispute, suspected fraud, or clearly incorrect information provided by the Customer.
Payment
Payment is due in full when the order is confirmed. The Customer may pay by:
- Credit or debit card (Visa, Mastercard, CB), with 3D Secure authentication
- PayPal
- Apple Pay and Google Pay
- Shop Pay
- Instalment payment, where offered at checkout
Transactions are processed by Shopify Payments and its providers, using encryption compliant with the PCI-DSS standard. SMTZ has no access to the Customer's payment details and stores none of them.
If payment fails or is declined, the order is automatically cancelled.
Shipping
Products are delivered to the address given by the Customer when ordering. Shipping costs depend on the shipping method chosen and the destination country; they are displayed before the order is confirmed.
| Destination | Indicative time after dispatch |
|---|---|
| Mainland France | 1 to 5 business days |
| European Union | 2 to 7 business days |
| United States | 7 to 8 business days |
| Rest of the world | 6 to 15 business days depending on the country |
| SMTZ Création pieces, engraved jewellery and pre-orders | 1 to 14 business days of preparation before dispatch (see the product page) |
These times are indicative and run from dispatch. Under article L216-1 of the French Consumer Code, unless otherwise stated, SMTZ delivers the product without undue delay and no later than thirty (30) days after the contract is concluded. If that period is exceeded, the Customer may cancel the sale under article L216-6 of the same code and obtain a refund of the sums paid.
Customs and import taxes. For orders shipped to the United States, all customs duties and import taxes are calculated and collected at checkout and paid by SMTZ. The price paid at checkout is the final price, and the carrier will not ask for anything on delivery.
For other destinations outside the European Union, the Customer is responsible for any import taxes and customs duties applicable in their country. These are not included in the sale price.
The risk of loss or damage passes to the Customer when they take physical possession of the parcel.
Right of withdrawal
Under articles L221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days from receipt of the product (or of the last product, for a multi-item order) to withdraw from the contract, without giving any reason and without penalty.
How to exercise this right
The Customer notifies their decision by any unambiguous statement: through our returns portal at smtz.shipping-portal.com/rp, by email to smtzsav@gmail.com, or using the model form below.
The product must then be returned within fourteen (14) days of that notification, with its tags intact and, where possible, its original packaging.
Condition of the product. The Customer may handle and try on the product as they would in a shop. They are liable only for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product. A product that has clearly been worn, washed or damaged, or whose tags have been removed, may give rise to a reduction of the refund matching the diminished value.
Legal exceptions to the right of withdrawal
Under article L221-28 of the French Consumer Code, the right of withdrawal does not apply to:
- goods made to the Customer's specifications or clearly personalised, in particular engraved jewellery and made-to-order pieces;
- sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed after delivery: earrings, piercings, briefs, and swimwear tops and bottoms, once they have been tried on, unsealed or worn.
These products remain returnable for as long as the seal has not been opened.
Model withdrawal form
To SARL SMTZ, 17 rue Raymond Morin, 57400 Sarrebourg, France — smtzsav@gmail.com
I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on … / received on …
Order number: …
Name and address of the consumer: …
Date: …
Signature (only if this form is sent on paper)
Returns, costs and refunds
How to return
All return requests are made through smtz.shipping-portal.com/rp. The Customer enters their order, the items concerned and the reason for the return, then receives a prepaid return label by email.
Return costs
Under article L221-23 of the French Consumer Code, the cost of returning the goods is borne by the Customer. Once the return label has been issued, a flat contribution is deducted from the refund or from the value of the store credit:
- France and European Union: €3.90
- United States: orders under $80 — no deduction, the return is on us; orders of $80 or more — $30 is deducted, or the Customer may return the parcel using a carrier of their choice at their own cost
Exception: where the return is due to a product that is faulty, not as described, or to a picking error on our side, SMTZ covers the return label in full and nothing is deducted from the refund.
Refunds
The refund covers all sums paid, including the original shipping cost at the rate of the standard shipping method offered. Where the Customer chose a more expensive shipping method than the standard one, the difference remains at their expense.
The refund is made no later than fourteen (14) days after SMTZ receives the products or, if earlier, the date on which the Customer provides proof of dispatch. It is made using the payment method used for the order, unless the Customer expressly agrees to another method. How quickly the funds appear depends on the Customer's bank.
Store credit and exchanges
The Customer may choose store credit, issued as a gift card usable on the Site, instead of a refund. This choice is entirely optional: a refund to the original payment method is always available and can never be refused to a Customer who asks for it.
SMTZ does not offer exchanges. A Customer who wants a different item, size or colour requests store credit and places a new order.
Legal guarantees
Independently of the right of withdrawal, all products sold benefit as of right from the following legal guarantees, at no cost to the Customer:
- The legal guarantee of conformity, under articles L217-3 et seq. of the French Consumer Code. The Customer has two years from delivery of the goods to bring a claim. Any lack of conformity appearing within that period is presumed to have existed on the day of delivery. The Customer may obtain repair or replacement of the goods and, failing that, a price reduction or cancellation of the sale.
- The guarantee against hidden defects, under articles 1641 et seq. of the French Civil Code, which may be relied on within two years of the defect being discovered.
The cost of returning a product that is faulty or not as described is borne in full by SMTZ.
We ask Customers who notice a defect to tell us promptly, if possible within 48 hours of delivery and with photographs of the item. This is a request to help us deal with the case faster and in no way restricts the legal guarantee periods set out above.
Customer care and complaints
For any question, complaint or request for help, the Customer may contact customer care by email at smtzsav@gmail.com. Requests are handled as quickly as possible, usually within 24 hours and no later than 5 business days during busy periods.
Where a difficulty arises, SMTZ undertakes to look first for an amicable solution with the Customer.
Cancelling or changing an order
The Customer may ask to cancel or change their order by email as soon as possible after confirming it. SMTZ will do so where it can, provided that preparation of the parcel has not already begun. No change can be guaranteed once the order has shipped.
This is a goodwill gesture, separate from the right of withdrawal. It removes none of the Customer's rights: after receiving the parcel, the Customer still has the fourteen (14) day withdrawal period set out in Article 9.
Liability
SMTZ is liable as of right for the proper performance of the obligations arising from the distance contract, under article L221-15 of the French Consumer Code.
SMTZ may however be released from all or part of that liability by proving that the failure to perform is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unconnected with the contract, or to force majeure.
Intellectual property
All elements of the Site — text, photographs, images, logos, trade marks and designs — are protected by intellectual property law and remain the exclusive property of SMTZ or its partners. Any reproduction, display or use, in whole or in part, is prohibited without prior written permission.
Personal data
Personal data collected by SMTZ is processed in accordance with Regulation (EU) 2016/679 (GDPR) and French Act no. 78-17 of 6 January 1978 on data protection. The data controller is SARL SMTZ.
This data is collected in order to process and track orders, manage the customer relationship and after-sales service, meet legal and accounting obligations and — subject to the Customer's consent or to SMTZ's legitimate interest, as the case may be — send marketing communications.
The Customer has the right to access, rectify, erase, restrict, object to and port their data, as well as the right to withdraw consent at any time and to give instructions on what happens to their data after their death.
These rights may be exercised by email to smtzsav@gmail.com. The Customer also has the right to lodge a complaint with the French data protection authority, CNIL, 3 place de Fontenoy, 75007 Paris — www.cnil.fr.
Full details of processing, retention periods and cookies are set out in our privacy policy.
Consumer mediation
Under articles L611-1 and L612-1 of the French Consumer Code, a consumer Customer has the right to use a consumer mediator free of charge to settle a dispute with SMTZ amicably. The cost of mediation is borne in full by SMTZ.
SMTZ has appointed the following mediation body, listed with the French commission for the evaluation and control of consumer mediation (CECMC):
MÉDIATION CONSOMMATION DÉVELOPPEMENT
Centre d'Affaires Stéphanois — Immeuble l'Horizon
Esplanade de France — 3 rue J. Constant Milleret
42000 Saint-Étienne, France
Online referral: www.medconsodev.eu
SMTZ agreement reference: MED62224
Conditions
Mediation can only be started by the consumer, never by SMTZ. The Customer must first have sent a written complaint to SMTZ at smtzsav@gmail.com and not have obtained a satisfactory solution. The mediation request must be made within one year of that written complaint.
Once the case is admissible, mediation is conducted within ninety (90) days of the parties being notified of the referral. That period may be extended for complex disputes, in which case the parties are informed.
The European Online Dispute Resolution (ODR) platform permanently ceased operating on 20 July 2025 and can no longer be used. Consumers resident in another EU member state may also contact the European Consumer Centre France — www.europe-consommateurs.eu.
Governing law and disputes
These Terms are governed by French law. This clause does not deprive a consumer Customer resident in another EU member state of the protection afforded by the mandatory provisions of the law of their country of residence.
Failing an amicable settlement or successful mediation, the Customer may bring proceedings before any court having jurisdiction under the French Code of Civil Procedure, including the court for the place where they live.
Changes to these Terms
SMTZ may amend these Terms at any time. The Terms that apply to an order are those in force and accepted by the Customer on the day that order is confirmed; no later change can be relied on against them.
Company details
57400 Sarrebourg, France
57400 Sarrebourg, France
3 rue J. Constant Milleret, 42000 Saint-Étienne, France