This site www.lauredesagazan.fr is published by the Company LDS PARIS, SAS with capital of €11,111 registered with the RCS of PARIS under number B 538 760 273, whose head office is located at 102 rue du Faubourg Poissonnière in PARIS (75010 ), tel: 01.53.16.46.31, email: e-boutique@lauredesagazan.fr , intracommunity VAT number FR 95 538 760 273. Publication director: Laure de Sagazan.
ARTICLE 1 – ENTIRETY
These general conditions express the entirety of the obligations of the parties, the conservation and reproduction of which are ensured by the seller in accordance with article 1369-4 of the Civil Code. In this sense, the buyer is deemed to accept them without reservation. A copy of these general conditions may be given to the buyer at his request on paper. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels. They are accessible on the website www.lauredesagazan.fr and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
ARTICLE 2 – PURPOSE
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.lauredesagazan.fr . These conditions do not concern that purchases made by adult buyers who are non-commercial individuals located in metropolitan France and delivered exclusively within French metropolitan territory. It is agreed that the products ordered by the Buyer are intended only for personal use, to the exclusion of any professional, commercial, industrial, artisanal or liberal use. For all deliveries outside mainland France, you should send a message to e-boutique@lauredesagazan.fr . These purchases concern all the products offered for sale on the site www.lauredesagazan.fr .
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
ARTICLE 4 - THE ORDER
The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks. To place an order, the buyer must identify themselves with their email address and password. For the first order, the buyer must follow an online account creation procedure indicated on the seller's website. In the event of loss or forgetting of the password, the buyer can request it again by going to their account and clicking on “Forgot your password? ". He will then receive his password on the email address provided during registration. In the event of unavailability of a product ordered, the buyer will be informed by email. For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He must also choose the address and the delivery method, and finally validate the payment method. The sale will be considered final: - after sending to the buyer confirmation of acceptance of the order by the seller by email; - and after receipt by the seller of the entire price. Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final. The buyer will be able to consult the status of your order online from your customer area.
ARTICLE 5 - PRODUCT INFORMATION
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held responsible. The photographs of the products are not contractual.
ARTICLE 6 – PRICE
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order, as well as additional costs (customs clearance costs in the event of delivery abroad, bank charges, any other costs), which remain at the expense of the buyer. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or advance payments. If one or more taxes or contributions, particularly environmental, were to be created or modified, up or down, this change may be reflected in the price. sale of the products. The price is payable in full and in a single payment when ordering online.
ARTICLE 7 - METHOD OF PAYMENT
This is an order with payment obligation, which means that placing the order involves payment by the buyer. Payment of the price is made in cash upon ordering. To pay for the order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer can thus make his payment via the PayPal payment platform, or via that of the Société Générale bank. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has put in place an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send by fax to the seller a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the seller of the parts sent. Payments made by the buyer will only be considered final after effective collection of the sums due by the seller. The seller reserves ownership of the products ordered until full payment of the price by the buyer.
ARTICLE 8 - AVAILABILITY OF PRODUCTS - REFUND – RESOLUTION
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in mainland France, the deadline is 15 (fifteen) working days from the day following that validation of the order by the seller. This deadline is extended to 5 (five) weeks for the order of products made on request. The information will be brought to the attention of the buyer before validation of the order, this period may be reduced. In the event of non-compliance with the agreed delivery date or time, the buyer must, before resolving the contract , order the seller to execute it within a reasonable additional period. In the absence of execution at the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by the seller of the letter informing him of this resolution, unless the professional has complied in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 ( fourteen) days following the date on which the contract was terminated.
ARTICLE 9 - DELIVERY TERMS
Delivery means the transfer to the consumer of physical possession of the good. It is only made after confirmation of payment by the seller's banking organization. The products ordered are delivered via postal services (Chronopost) or by a specialized carrier. No delivery is made to campsites, hotels, post offices. remaining quantities and post office boxes. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected from the location and during the time indicated, or to contact the competent services to organize a new delivery. If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied of his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail with acknowledgment of receipt at the latest within 2 (two) working days following receipt of the item(s) and send a copy of this letter within the same period by fax or mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 (seven) days following delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.). For deliveries to the French Overseas Territories and outside the European Union, the completion of specific procedures ( declarations to customs services, etc.) and the payment of related taxes and fees are the sole responsibility of the buyer, the seller being under no obligation to provide any information in this respect.
ARTICLE 10 - DELIVERY ERRORS
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected. The complaint must be made by email to: e-boutique@lauredesagazan.fr . Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability with regard to vis the buyer. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, under the conditions provided for in article 12 hereof, by Colissimo Registered, to the following address: Société LDS PARIS, 102 rue du Faubourg Poissonnière, 75010 PARIS. Return costs are the responsibility of the seller in the event of a delivery error only.
ARTICLE 11 - LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
It is up to the Buyer to check the condition of the goods received upon delivery of the order. The Seller is not required to provide compensation outside of the legal guarantees of conformity and hidden defects, and undertakes to replace the defective or non-compliant product, to the exclusion of any compensation or reimbursement. In the event of implementation of the legal guarantee of conformity, it is recalled that: - the buyer benefits from a period of 2 years from delivery of the goods to act; - the buyer can choose between repair or replacement of the goods, under subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; - the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods .In addition, it is recalled that: - the legal guarantee of conformity applies independently of any commercial guarantee; - the buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of the article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code. The recovery of the products will be at the expense of the Seller, who will also bear the costs of making the products available. of substitution. Each piece being made by hand, the model will be produced with the greatest possible fidelity to the collection prototype but cannot be reproduced with a perfectly exact similarity. The buyer is reminded of the following legal provisions: (version of July 1 2016): Article L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »Article L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. »Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »Article L217-16 of the Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a return condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »Article 1641 of the civil code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity. »
ARTICLE 12 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 (fourteen) working days from the date of delivery of his order, to return without reason any item that does not suit him and request reimbursement without penalty, with the exception of return costs which remain the responsibility of the buyer. The goods must be returned complete and intact, in new condition, in their original packaging and packaging, any labels or markings not included. detached from the product, in order to allow their remarketing in new condition, accompanied by the purchase invoice. To this end, the Seller reserves the right to refuse any product which shows traces of prolonged wear other than for simple fitting. The products must be returned within 14 (fourteen) days following notification to the seller of the decision. withdrawal of the buyer. The right of withdrawal can be exercised using the withdrawal form available on the website www.lauredesagazan.fr . Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract. It must be sent by email to e-boutique@lauredesagazan.fr , or by registered mail with acknowledgment of receipt to LDS PARIS, 102 rue du Faubourg Poissonnière in PARIS (75010). In the event of exercising the right of withdrawal within the deadline above-mentioned, the price of the product(s) purchased as well as the delivery costs are reimbursed. Return costs are the responsibility of the buyer. The reimbursement will be made within 14 (fourteen) days from receipt, by the seller, of the products returned by the buyer under the conditions provided for above. The refund will be made via the payment method used when ordering. For any other means of payment, or in the event that a refund is not possible via the payment method made, the refund will be made by check sent to the postal address indicated by the buyer in their online account.
ARTICLE 13 - FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party which invokes the circumstances referred to above must immediately notify the the other part of their occurrence, as well as their disappearance. Will be considered as force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than (3) three months, these general conditions may be terminated by the injured party.
ARTICLE 14 - INTELLECTUAL PROPERTY
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights on this content. The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 15 - COMPUTING AND FREEDOMS
The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website www.lauredesagazan.fr has been subject to a declaration to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the website www.lauredesagazan.fr .
ARTICLE 16 - PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ARTICLE 17 - NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
ARTICLE 18 - LANGUAGE OF THE CONTRACT
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 19 – MEDIATION
The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 20 - APPLICABLE LAW
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
