TERMSGENERAL OFF SALE
PREAMBLE
The merchant site www.christophe-lhote.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet network, open to any user of this network (hereinafter referred to as "Internet user"). It is published by SAS CL DESIGN STUDIO (hereinafter referred to as "Christophe Lhote Paris"), SAS with a capital of 6000 Euros, whose registered office is at 3bis rue de Budapest 75009 Paris, registered in the Trade and Companies Register of Paris under the number 828 032 185 RCS PARIS
The Site allows Christophe Lhote Paris to offer jewelry and accessories for sale under the Christophe Lhote Paris brand (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Customers"). For the application hereof, it is agreed that the Customer and Christophe Lhote Paris will be collectively referred to as the "Parties" and individually referred to as "Party", and that the Customer having validated an order will then be referred to as "Buyer". Any order for a Product offered on the Site implies the Buyer's acceptance of these general conditions of sale.
Christophe Lhote Paris reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The general conditions of sale (hereinafter referred to as "GTC") are those in force on the date the order is placed.
ARTICLE 1: OBJECT
These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, they apply to the exclusion of any other document.
ARTICLE 2. PRODUCTS – PRICES
2.1 Products
Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. Product offers and prices are valid, within the limits of available stocks, as long as they are visible on the Site.
These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Christophe Lhote Paris. As such, Christophe Lhote Paris cannot be held responsible for the cancellation of an order for a product due to the exhaustion of stocks. Christophe Lhote Paris takes the greatest care in the presentation and description of its products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
2.2 Price
If the price of a product you have ordered turns out to be incorrect, we will inform you as soon as possible and you will have the option of confirming your order at the correct price or canceling it. If we are unable to contact you, we will cancel the order.
Prices are quoted in euros all taxes included. The Value Added Tax is that in force on French territory.
ARTICLE 3. ORDER
3.1 Registration and validation of the order
Taking an Order on the Site is subject to compliance with the procedure set up by Christophe Lhote Paris on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order is worth confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Christophe Lhote Paris. To this end, the Customer formally accepts the use of electronic mail for confirmation by Christophe Lhote Paris of the content of his Order.
3.2 Payment
The price owed by the Buyer is the amount indicated on the summary document of the order. In any event, the amount debited will correspond to the Product(s) actually delivered. The debit of the amount will be effective when the packages are delivered to the carrier. The payment of your purchases takes place exclusively, when placing your order, by credit card (Credit card, Visa, Maestro, Eurocard/Mastercard, American express)
You make your purchases in complete safety. The banking information that you transmit via the site to Stripe, the online payment manager, is confidential and secure (SSL protocol).
In the context of payments made electronically, and in order to fight against the fraudulent use of means of payment on the Internet, we verify the reliability of the information entered by you when registering your order.
Thus, we proceed to the verification of concordance between the address of the credit card and the billing address.
ARTICLE 4. DELIVERY
Deliveries are made by La Poste (letter followed) and by Colissimo from Monday to Friday, depending on the option chosen by the Customer when confirming his Order.
Christophe Lhote Paris will do its best to ensure that the order of a product with an “immediate availability” option is delivered within an average of 1 to 5 working days and a maximum of 10 working days from the day following that of the validation of its order by the Buyer. If the product has an availability option, the product will be shipped within 3 calendar weeks from the day following that of the validation of his order by the Buyer with an additional period of 1 to 5 working days and a maximum period of 10 open days. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
It is specified that orders recorded on the website www.christophe-lhote.com on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the www.christophe-lhote.com website on a public holiday other than Friday, Saturday and Sunday are also processed the following business day. The Products ordered by the Buyer are delivered in mainland France and to all the countries of the European Union, to the address indicated by the Buyer on the page of the final validation of his order, accompanied by a voucher Delivery. The Buyer has the option of having the Products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure, transport strikes and/or postal services.
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Christophe Lhote Paris cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by Christophe Lhote Paris being possible to the exclusion of any other form of compensation.
ARTICLE 5. RECEIPT OF THE ORDER
Upon receipt of the order, the Buyer will check the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (namely: missing or damaged Products, damaged packages) must imperatively be notified, within 14 days of receipt of the Products.
In the event of abnormal or abusive returns, Christophe Lhote Paris may refuse to serve a subsequent order.
ARTICLE 6. RIGHT OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Christophe Lhote Paris, without having to justify its decision.
The Product(s) must be returned in its (their) packaging and its (their) original packaging and in new condition. If the aforementioned conditions are met, Christophe Lhote Paris will reimburse the Buyer for the total amount of his order, within fourteen (14) days of receipt of the Products by Christophe Lhote Paris.
ARTICLE 7. WARRANTY
All our products benefit from the legal guarantee scheme, provided that the use has been normal and that the maintenance advice has been followed.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing upon delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. 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 ( (a) it corresponds to the description given by the seller and has the qualities which the latter has presented to the buyer in the form of a sample or model; (b) it has the qualities which a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Art. L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, except evidence to the contrary. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repairing and replacing the item. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and be return part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: "He is liable for hidden defects, even if he would not have known of them, unless, in this case, he has stipulated that he will not be obliged to no warranty. »
Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and refund part of the price. »
Art. 1646 of the Civil Code: "If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the buyer for the costs incurred by the sale . »
Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
ARTICLE 8. COMPUTER AND FREEDOMS
In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number being registered.
8.1 Personal information
Personal information is processed by Christophe Lhote Paris for Customer relationship management and prospecting purposes. To enable you to receive offers from our partners, we may communicate this information to them. In accordance with the Data Protection Act of January 6, 1978, updated by the law of August 6, 2004, the Customer has a right of access, rectification and opposition to data concerning him.
8.2 Cookies
The Site uses cookies. The cookie is a computer file, stored on the hard disk of the Customer's microcomputer. Its purpose is to indicate a previous visit by the Customer to the Site. Cookies are only used by Christophe Lhote Paris for the purpose of personalizing the service offered to the Customer. The Customer retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by Christophe Lhote Paris via the Site.
8.3 Tags web
Certain web pages of the Site may contain web beacons which allow the number of visitors to the Site to be counted and/or to provide Christophe Lhote Paris with a certain number of indicators. These Web Beacons can be used with some of our partners, in particular to measure and improve the effectiveness of the Site. In any event, the information obtained via these Tags is strictly anonymous and simply allows statistics to be gathered on the use of certain pages of the Site, in order to better serve the Customers of our Site.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Force majeure
Christophe Lhote Paris will not be liable for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike in particular postal services and means of transport and/or communication, flood or fire. The Parties agree to consult together as soon as possible to determine the terms and conditions for processing the order for the duration of the case of force majeure. Beyond a period of (one) 1 month of interruption due to force majeure, the Parties will be released from their obligations to each other.
9.2 Entire contract
These general conditions of sale and the order summary sent to the Buyer form a contractual set summarizing all the agreements between the parties.
9.3 Retention and archive of transactions
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
9.4 Applicable law and competent courts
These general conditions of sale and the contractual relations between Christophe Lhote Paris and the Buyer are subject to French law. In the event of a dispute, exclusive jurisdiction is attributed to the competent French courts. Christophe Lhote Paris however undertakes to seek an amicable solution before any legal action.