Terms of Sales
PREAMBLE
SARAH LAVOINE SAS, a simplified joint stock company with a capital of 86,158 Euros, registered with the Paris Trade and Companies Register under number 507 947 778 - Intra-Community VAT number FR21507947778 - with its registered office at 6 place des Victoires, 75001 PARIS, specializes in the trade of furniture, decoration, and ready-to-wear.
As such, it offers its Products and Services for sale via its online sales site accessible at the URL www.maisonsarahlavoine.com.
These General Terms and Conditions of Sale apply between SARAH LAVOINE SAS and any consumer Client wishing to place an Order for personal needs.
Professional clients are invited to visit the website accessible at the URL https://contract.maisonsarahlavoine.com/.
Professional reseller clients are invited to visit the website accessible at the URL https://revendeur.maisonsarahlavoine.com/.
The Client declares having read these General Terms and Conditions of Sale before any Order for Products or Services.
Any Order for Products or Services implies full and unreserved acceptance of all the General Terms and Conditions of Sale.
These General Terms and Conditions of Sale shall prevail over any other version or other contradictory documents and conditions.
1 - DEFINITIONS
For a clear understanding of these General Terms and Conditions of Sale, the terms below, beginning with a capital letter, whether singular or plural, shall have the following meaning:
- "Maison Sarah Lavoine Boutiques" refers to physical points of sale exclusively dedicated to the sale of SARAH LAVOINE SAS Products.
- "Client" refers to any individual customer placing an Order within the meaning of these General Terms and Conditions of Sale, with a view to acquiring the Products or Services offered for Sale by the Seller for personal needs.
- "Order" refers to the purchase made by the Client from the Seller via the Site for one or more Product(s) or Services.
- "Client Account" refers to the space through which the Client can identify themselves on the Site.
- "General Terms and Conditions of Sale" refers to these general terms and conditions of sale, which set out the terms and conditions applicable to the relationship between SARAH LAVOINE SAS and the Client for any purchase of Products or Services.
- "Department Store Corners" refers to sales areas dedicated to SARAH LAVOINE SAS Products within multi-brand Department Stores.
- "Recipient" refers to the natural person designated by the Client to receive the Order.
- "Delivery Costs" refers to the shipping and transport costs charged to the Client for delivering the Product(s) to the Delivery location selected by the Client.
- "Delivery" means the handover to the Client, or to the Recipient designated by the Client, of the parcel containing the Product(s) ordered on the Site.
- "Cart" refers to the virtual cart in which the Client places the Product(s) they wish to order on the Site.
- "Parties" refers to the parties bound by the Sales contract, namely, SARAH LAVOINE SAS and the Client.
- "Price" refers to the cost of the Products or Services offered for sale by SARAH LAVOINE SAS.
- "Total Order Price" means the total price paid by the Client, including the Price of the Products and, where applicable, the Delivery Costs.
- "Products" refers to the items offered for sale by SARAH LAVOINE SAS on the Site.
- "Service" refers to the services offered by the Seller.
- "Site" refers to the online sales website maisonsarahlavoine.com.
- "Seller" / "SARAH LAVOINE SAS" refers to the company SARAH LAVOINE SAS, as identified at the beginning of these General Terms and Conditions of Sale, seller of the Products and Services, and publisher of the Site.
- "Sale" refers to the sales contract concluded between SARAH LAVOINE SAS and the Client for any purchase of Product or Service within the meaning of these General Terms and Conditions of Sale.
2 - CAPACITY
Only persons legally capable of entering into contracts concerning the Products or Services offered for sale on the Site may place an Order.
When placing an Order, the Client guarantees having full legal capacity to adhere to the General Terms and Conditions of Sale, place an Order, and conclude a Sale.
3 - PRE-CONTRACTUAL INFORMATION
Prior to placing the Order, the Client acknowledges having been informed by the Seller, clearly and comprehensibly, by means of these General Terms and Conditions of Sale, about:
- The essential characteristics of the Products and Services, the Client being required to refer to the description of each Product to ascertain its essential properties and specificities;
- The Price of the Products and Services;
- Payment and Delivery terms;
- Information relating to the Seller's identity and all its contact details;
- Information relating to guarantees and the procedures for their implementation;
- The possibility of resorting to a consumer mediator, whose contact details are provided in these General Terms and Conditions of Sale;
- The existence of the legal right of withdrawal, the procedures for exercising this right, and the conditions under which it cannot be exercised.
4 - CUSTOMER ACCOUNT
To create a Client Account, the Client must provide their title, first name, last name, date of birth, email address, and choose a password.
Once the Client Account is created, the Client can log in using their identifiers, namely their email address and the password chosen when creating the Client Account.
In case of forgotten password, the Client will have the option to reset their password by clicking on the "Forgot password" link, and entering the email address of the Account to start the reset procedure.
The Client Account allows the Client to access their profile, modify their personal information, and access their order history.
The Client Account can be deleted at any time by the Client. Deleting the Account will result in the permanent deletion of all Client data.
5 – PRODUCTS AND SERVICES
5.1. PRODUCTS
The Seller presents its Products and their detailed descriptions on its Site, allowing the Client to know their essential characteristics before placing a definitive Order.
The photographs of the Products presented on the Site are as faithful as possible. However, they cannot ensure a perfect similarity with the Products offered for Sale, particularly regarding color rendering.
Any request for a custom Product must be sent to customer service at the following email address: serviceclient@maisonsarahlavoine.com.
The Client is informed that certain Products sold by SARAH LAVOINE SAS may be made of fragile materials that require special attention. In any event, the Client must refer to the maintenance guide and technical sheet of the Product when using Products acquired from the Seller.
5.2. SERVICES
For any request for interior decoration services, the Client is invited to send a request to the following email address: studio@maisonsarahlavoine.com, to obtain a personalized quote.
The quote is accepted by the Client's signature, and the Client must comply with the specific terms stated therein.
6 - PRODUCT AVAILABILITY
Products displayed on the Site can only be ordered if they are in stock (excluding pre-orders explicitly indicated on the Site).
An unavailable Product is indicated with the mention: "Notify me when the item is available". The Client will then have the option to request to be alerted by email when the Product is back in stock by entering their email address in the field provided for this purpose.
It is also specified that merely adding a Product to the Cart does not constitute Order validation. In other words, the Product may become unavailable between the moment it is added to the Cart and the validation of the Order by the Client.
In the event that the unavailability of the Product is noted after payment validation, SARAH LAVOINE SAS undertakes to cancel the Order and refund the Price paid by the Client for the unavailable Product concerned.
In this case, the refund will be made without delay, and at the latest within fifteen (15) days of the payment of the sums paid by the Client.
*COMMERCIAL OFFER:
- Until March 22, for purchases of €300 or more, a duo set of mini Stella candles is offered online (by checking the box for the set in the cart) and in Maison Sarah Lavoine boutiques, while stocks last. We do not guarantee a color choice; it is added randomly to the order. Not combinable with other discounts.
7 - GIFT CARD
The Client may Order a gift card valid on the Site and in Maison Sarah Lavoine Boutiques (excluding Department Store Corners).
Gift cards purchased in Maison Sarah Lavoine Stores or online on the Site can only be used in Maison Sarah Lavoine Stores or online on the Site, excluding Department Store Corners.
The amount of the gift card is flexible. The validity period of the gift card is one (1) year from its purchase date.
Delivery of the online gift card is free by email, or as a paper version within 5 working days to the address indicated by the Client.
In case of electronic delivery, the Client is invited to check that the gift card is not in their spam folder.
If applicable, the Client may send the gift card to the recipient's email or postal address.
The gift card can be used by its beneficiary as a one-time payment method.
No refund will be made if the entire amount credited to the gift card is not used.
Once the validity date is reached, the gift card will be deactivated.
8 - PRODUCT ORDER PROCESS
To place an Order on the Site, the Client must select the Products of their choice to complete their Cart.
The Client then has the option to go to their Cart to finalize their Order.
They will then be asked to validate their Cart and log in to their Client Account or create one to continue their Order.
The Client can also place their Order as a guest, by providing their email address and all useful Delivery information, without creating a Client Account.
Once this information is completed, the Client can access the summary page.
The Client is then invited to accept these General Terms and Conditions of Sale and proceed with online payment.
9 - PRICE
The Product offers and their Prices displayed on the Site are valid for the current day.
In the event of a price reduction, the offer will be valid until the indicated deadline of the promotional offer, and as long as the reduced Price is visible on the Site by the Client.
In such a case, both the original Price and the reduced Price will be clearly indicated on the Site.
Prices are expressed in Euros, excluding tax (H.T.) and including all taxes (T.T.C.) at the applicable VAT rate in force.
Any change in the legal VAT rates will be reflected in the Price of the Products presented on the Site, on the date of their entry into force.
The total Order Price corresponds to the Price of the Products selected by the Client, plus Delivery Costs according to the Delivery method selected by the Client.
10 - PAYMENT METHODS
Orders can be paid for by VISA, MASTERCARD, PayPal, Alma, Stripe bank card or gift card.
Transactions carried out on the Site are exchanged in encrypted form using SSL (Secure Socket Layer) and TLS (Transport Layer Security) protocols.
Payments made by the Client will only be considered final after effective collection by SARAH LAVOINE SAS of the sums due.
Any Sale made by the Seller is invoiced in the Client's name by SARAH LAVOINE SAS.
11 - ORDER CONFIRMATION
Upon receipt of the Order by SARAH LAVOINE SAS, the Client will receive a confirmation by email.
This confirmation will summarize the ordered Products, their quantities, unit Prices, the Total Order Price, the payment method, the chosen Delivery method, the Delivery location, and the estimated Delivery time.
The Client must carefully check the details indicated on the received confirmation to inform the Seller as soon as possible of any error to be corrected at the following email address: serviceclient@maisonsarahlavoine.com.
As such, the Client is invited to check that communications sent by the Seller are not in their spam messages.
In the absence of receiving confirmation, the Client is invited to contact customer service at the following email address: serviceclient@maisonsarahlavoine.com or by phone at +33 1 89 71 98 56 .
12 - ORDER DELIVERY
12.1 - DELIVERY COSTS
Delivery Costs are calculated at the time of Order validation.
The Client is invited to consult the Seller's price list for more information.
As part of its commercial operations, SARAH LAVOINE SAS may offer free Delivery *(In mainland France, excluding hoist service or custom-made items) under the conditions specified on the Site.
12.2 - DELIVERY TERRITORY
Orders placed on the Site can be delivered in France and within the European Union.
If the territory selected at the time of the Order is outside the European Union, the Client is invited to contact customer service at the following email address: serviceclient@maisonsarahlavoine.com, for a quote request.
Tax refunds and customs services remain the responsibility of the Client.
Deliveries are made according to the delivery address indicated at the time of the Order and according to the chosen delivery service in accordance with the price list.
12.3 - DELIVERY TIMES
Small and medium-sized Products are shipped by Chronopost for France, UPS for relay points in France, UPS and Géodis for international, within 3 to 5 days after Order confirmation, subject to Product availability, excluding exceptions specified on the Site. The courier delivery service, valid only in Paris, is carried out within 3 hours for any order placed between 8 a.m. and 2 p.m. Beyond that, courier delivery is carried out the next day.
Larger Products will be sent by our specialized furniture carriers within 5 to 10 working days depending on the product's stock availability and the delivery address, and may extend to 4 to 10 weeks depending on the information on the Product sheet, particularly in the case of custom-made products.
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The aforementioned deadlines may be extended during commercial operations or peak periods. In such a case, the Client will be informed of the modified Delivery times.
In the event that the Cart contains several Products with different availability dates, multiple shipments may be planned.
If one or more Products are no longer available, without this being indicated in the Product sheet, the Client is notified by email or telephone, and the Seller will proceed with the refund of the Products concerned by crediting the card used for the Order payment with the corresponding Price amount.
12.4 – SHIPPING AND DELIVERY TRACKING
Upon shipment of their Order, the Client receives delivery information and the tracking number by email.
For any furniture Order, delivery tracking is provided by the transport service provider.
Delivery is carried out by handing over the parcel to the Client.
The Client undertakes to provide complete and accurate information for the proper execution of the Delivery.
Client's responsibility regarding access conditions:
It is the Client's responsibility to ensure, before validating their Order, that the dimensions of the ordered Products are compatible with the access conditions to the delivery location (stairs, elevators, corridors, doors, etc.).
In case of impossibility of delivery due to an unnotified accessibility defect, SARAH LAVOINE SAS reserves the right to charge the Client for all additional costs incurred, including delivery charges, product return costs, and, if applicable, costs related to the rental of a hoist or any specific logistical service made necessary.
12.5 - RECEIPT - RESERVATIONS
Assuming the risks associated with transport, SARAH LAVOINE SAS undertakes to deliver the Products ordered by the Client in a closed, resistant packaging, appropriate to the content and transport requirements.
Upon receipt of the Order, the Client is obliged to check that the packaging is intact and not damaged.
Any Product damaged or lost during transport will be replaced after validation by the Seller. The transport guarantee is only valid if the Customer or their Recipient has signed the delivery note or transport receipt presented by the carrier, on which they must have made precise, dated, and signed handwritten reservations. By affixing their signature to the delivery note or transport receipt, without making any reservations, the Customer, or their Recipient, acknowledges that their package was not damaged during transport.
In the event of a dispute, the original packaging must be kept until the dispute is resolved. SARAH LAVOINE SAS invites the Customer or their Recipient to inform customer service by email at serviceclient@maisonsarahlavoine.com within a maximum of 72 hours from delivery.
Any claim made after this period will be rejected, and SARAH LAVOINE SAS will be released from all liability.
In the event of receiving broken or damaged Products upon Delivery, the Customer will have the option to obtain, after validation by the Seller, the replacement of the broken or damaged Products.
Any other anomaly concerning the Delivery must imperatively be notified, within 72 hours of receipt, to the Seller's customer service at the following email address: serviceclient@maisonsarahlavoine.com, telephone: +33 1 89 71 98 56. The notification must include justifying photographs of the anomaly observed.
Any claim made after this period, and/or incomplete, will be rejected, and SARAH LAVOINE SAS will be released from all liability.
13 - TRANSFER OF RISKS - TRANSFER OF OWNERSHIP
SARAH LAVOINE SAS bears the risks of transport up to the place of Delivery indicated by the Customer.
From the receipt of the Products, the Customer assumes the risks related to the ordered Products.
SARAH LAVOINE SAS reserves a right of ownership over the Products ordered by the Customer until full payment of the Price, regardless of the transfer of risks.
14 - RIGHT OF WITHDRAWAL
14.1 – EXERCISING THE RIGHT OF WITHDRAWAL
Any Order placed with SARAH LAVOINE SAS on the Website constitutes the formation of a distance sales contract between SARAH LAVOINE SAS and the Customer.
In accordance with the provisions of the Consumer Code, the Customer, as a consumer, has a withdrawal period of fourteen (14) days to exercise their right of withdrawal with SARAH LAVOINE SAS, and to cancel their Order without having to justify reasons or pay penalties, for the purpose of reimbursement.
If it is a sales contract (sale of goods or service provision including the delivery of a good), the starting point of the withdrawal period runs from the receipt of the good by the consumer or a third party, other than the carrier, designated by them.
If it is a service contract, the starting point of the withdrawal period runs from the conclusion of the contract.
When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday or non-working day, it is extended until the next working day.
The right of withdrawal can be exercised using the standard withdrawal form annexed to these General Terms and Conditions of Sale, or any other unambiguous statement expressing the will to withdraw and mentioning the order concerned, sent by registered mail with acknowledgment of receipt to SARAH LAVOINE SAS, 16 rue Gaillon, 75002 PARIS, or by email with acknowledgment of receipt to serviceclient@maisonsarahlavoine.com.
The reimbursement of the amounts actually paid by the Customer will be made within fourteen (14) days from the receipt by SARAH LAVOINE SAS of the Customer's withdrawal request.
The reimbursement date may be deferred until the ordered Products are returned in their original condition, or until the Customer has provided proof of reshipment of the Products subject to the right of withdrawal.
The costs incurred by the return of the Products will be borne by SARAH LAVOINE SAS, which will provide the Customer with a return label.
The exercise of the right of withdrawal on a gift card is only valid if the gift card has not been used.
14.2 - EXCLUSION OF THE RIGHT OF WITHDRAWAL FOR CUSTOMIZED GOODS
The Customer is informed that the right of withdrawal cannot be exercised for contracts for the supply of goods manufactured according to the consumer's specifications or clearly personalized (pre-ordered or custom-made Products).
15 - RETURNS - EXCHANGES
In addition to the existence of the legal withdrawal period, the Customer has a period of fourteen (14) days from the date of receipt of their Order to inform SARAH LAVOINE SAS of their intention to return the Product and the reason for the return.
When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday or non-working day, it is extended until the next working day.
Any declaration of return or refund made outside the deadline cannot be taken into account and accepted by the Seller.
The return of the Product(s) must be made in their original, undamaged packaging, accompanied by all possible accessories and documentation, in perfect resalable condition, with the indication of the order number to which the Products relate.
The Product must be returned in packaging provided for this purpose, which does not allow identification of the Product (postal package, bubble envelope, kraft paper, etc.) and protects the returned Product.
Any damaged, incomplete, missing Product, or one whose original packaging has been deteriorated, will neither be refunded nor exchanged and will be re-shipped to the Customer. SARAH LAVOINE SAS recommends that the Customer return their Products with a recommendation or additional insurance guaranteeing them, if applicable, compensation for the Products up to their real market value in case of spoliation or loss of the package(s).
Return shipping costs* are covered by SARAH LAVOINE SAS, which will provide the Customer with a return label to download from their Customer Account.
*During discount periods (sales, archives), return shipping costs, for discounted or non-discounted products, are the responsibility of the customer, SARAH LAVOINE SAS will provide the Customer with a return label.
The shipping costs of the Order will be fully refunded, subject to the full return of the Products.
Returns from abroad will be at the Customer's expense. Returns must be sent to RAJ SERVICES - Service retour Maison Sarah Lavoine, 57 Rue Charles Delescluze Lot 37- 93170 BAGNOLET.
During commercial operations, returns are at the Customer's expense. Returns must be sent to RAJ SERVICES - Service retour Maison Sarah Lavoine, 57 Rue Charles Delescluze Lot 37- 93170 BAGNOLET.
Returned Products may be exchanged or refunded, at the Customer's choice.
Custom-made and pre-ordered Products cannot be returned or exchanged.
16 - LEGAL GUARANTEES
The Customer benefits from a guarantee against hidden defects for movable tangible goods, except in cases of exemption provided for by law, as stipulated in Articles 1641 et seq. of the Civil Code, and from a guarantee of conformity, as stipulated in Articles L.217-1 et seq. of the Consumer Code.
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the sales contract for the good provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the envisaged supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days following their request, free of charge and without major inconvenience to them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the good or terminate the contract by being fully reimbursed against return of the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience to the consumer, particularly when the consumer definitively bears the costs of collecting or removing the non-conforming good, or if they bear the costs of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer does not have the right to terminate the sale if the lack of conformity is minor.
Any period during which the good is immobilized for repair or replacement suspends the remaining guarantee period until the restored good is delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the good is kept or to a full refund against return of the good.
The applicable provisions of the Consumer Code are recalled below:
Article L.217-3 of the Consumer Code
The seller delivers a good that conforms to the contract and to the criteria set out in Article L. 217-5.
They are liable for defects of conformity existing at the time of delivery of the good within the meaning of Article L. 216-1, which appear within two years from that date.
In the case of a contract for the sale of a good including digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or when the contract does not specify the duration of supply, the seller is liable for defects of conformity of this digital content or digital service which appear within two years from the delivery of the good;
2° When the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for defects of conformity of this digital content or digital service which appear during the period during which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, within the same periods, for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter was assigned to them by the contract or was carried out under their responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L.217-4 of the Consumer Code
The good is in conformity with the contract if it meets, in particular, the following criteria, where applicable:
1° It corresponds to the description, type, quantity, and quality, particularly concerning functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2° It is fit for any special purpose sought by the consumer, brought to the knowledge of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article.L217-5 of the Consumer Code
I.- In addition to the conformity criteria of the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use ordinarily expected of a good of the same type, taking into account, if applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good and to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
- -However, the seller is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
1° That they did not know them and were legitimately unable to know them;
2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III. -The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of the conclusion of the contract.
The applicable provisions of the Civil Code are recalled below:
Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the thing sold that render it unfit for the use for which it was intended, or that so diminish that use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
Article 1643 of the Civil Code
They are liable for hidden defects, even if they were unaware of them, unless, in that case, they stipulated that they would not be bound by any warranty.
Article 1644 of the Civil Code
In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price reimbursed, or keeping the thing and having a part of the price reimbursed.
Article 1648, paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within 2 years from the discovery of the defect.
17 - IMPLEMENTATION OF GUARANTEES
The implementation of guarantees must be subject to a request made by email, telephone or message to customer service.
Customer service can be reached by email at serviceclient@maisonsarahlavoine.com, by telephone at +33 1 89 71 98 56 or by WhatsApp at +33 (0)1.86.47.63.55.
The claim must be motivated and accompanied by proof of the damage suffered (photographs, invoice, etc.). The Customer must also indicate whether they wish to have the Product replaced or refunded.
Complaints or disputes will always be received with careful consideration by the Seller, good faith always being presumed in the party who takes the trouble to present the dispute.
18 - EXCLUSIONS OF GUARANTEES
All guarantees are excluded in case of normal wear and tear of the Product.
The warranty does not cover wear and tear or damage to materials and surfaces, especially due to improper maintenance, or lack of maintenance of the materials.
The warranty cannot apply if the Products have been used abnormally, or have been used under conditions other than those for which they were manufactured, particularly in case of non-compliance with the conditions prescribed in the user manual, maintenance log, and Product technical sheet.
It also does not apply in cases of deterioration or accident resulting from shock, fall, negligence, lack of supervision, force majeure, or in case of modification of the Product.
19 - INTELLECTUAL PROPERTY
All elements reproduced or used on the Site (logos, photos, texts, etc.) are protected by current intellectual property laws.
Unless otherwise stated, these elements are the full and complete property of SARAH LAVOINE SAS.
Access to the Site does not constitute recognition of rights and does not confer any intellectual property right relating to the elements of the Site, which remain the exclusive property of SARAH LAVOINE SAS.
In the event of reproduction, representation, adaptation, or use of the Site or its elements, in whole or in part, and in any form whatsoever, without prior and express authorization from SARAH LAVOINE SAS, the infringing internet user may incur civil and criminal liability.
20 - PERSONAL DATA PROTECTION
As data controller, SARAH LAVOINE SAS implements personal data processing within the scope of its activity.
In accordance with the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, and the Data Protection Act no. 78-17 of January 6, 1978, as amended in its current version, SARAH LAVOINE SAS undertakes to ensure that the data processing carried out complies with the regulations.
Personal data transmitted to SARAH LAVOINE SAS by the Client is subject to processing and may be used for the management and execution of Sales, Customer Orders, and after-sales service.
Data collection is limited to information strictly necessary for the fulfillment of the aforementioned purposes. Only adequate, necessary, and relevant information may be processed by SARAH LAVOINE SAS.
SARAH LAVOINE SAS further undertakes not to disclose the collected information to third parties other than its commercial partners and potential subcontractors responsible for carrying out the purposes it determines.
Personal data will be stored for the time necessary to achieve the intended purposes.
In accordance with current regulations, any Client who can prove their identity may exercise their right to access, inquire, limit, modify, rectify, portability, and their right to be forgotten and/or delete all data concerning them.
The Client also has a right to object to the processing of personal data, as well as a right to object to this data being used for commercial prospecting purposes. To this end, the Client has the possibility to register for free on a list of opposition to telephone solicitation BLOCTEL (www.bloctel.gouv.fr) so as not to be telephoned by a professional with whom they do not have an ongoing contractual relationship. Any consumer can register for free on this list on the website https://www.bloctel.gouv.fr/.
To exercise all the aforementioned rights, the person concerned must send their request, proving their identity, by registered letter with acknowledgment of receipt to SARAH LAVOINE SAS, 16 rue Gaillon, 75002 PARIS, or by email with acknowledgment of receipt to serviceclient@maisonsarahlavoine.com.
SARAH LAVOINE SAS ensures the security and confidentiality of personal data by implementing enhanced data protection through the use of physical and logical security measures.
It undertakes to notify any personal data breach to the CNIL and to the persons concerned in the event of a high risk to their rights and freedoms.
The Client may lodge a complaint with the supervisory authority if any of their rights are violated: CNIL, 3 place de Fontenoy, 75007 Paris, Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00.
21 - FORCE MAJEURE
The Parties shall not be held responsible if the non-execution or delay in the execution of any of their obligations, as described in these General Terms and Conditions of Sale, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
The Party observing the event must inform the other Party of the impossibility of performing its Service without delay, and justify it to the latter.
The execution of the obligation will be suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of two (2) months.
The suspension of obligations can in no case be a cause of liability for non-execution of the obligation concerned, nor entail the payment of damages or late penalties.
As soon as the cause of suspension disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible.
If the impediment is definitive or exceeds a period of two (2) months, the Sale will be terminated automatically, without right to compensation on either side, unless the Parties agree, where applicable, on the terms for continuing their relations.
22 - INVALIDITY AND INDEPENDENCE OF CLAUSES
Should one or more stipulations of these General Terms and Conditions of Sale be deemed invalid or declared as such in application of the law or a court decision having the force of res judicata, this invalidity would not entail the invalidity of the other provisions which shall remain in force.
In the event of cancellation of one of the stipulations of these General Terms and Conditions of Sale, the Parties shall endeavor to negotiate an economically equivalent clause.
23 - APPLICABLE LAW - DISPUTES - CONSUMER MEDIATOR
These General Terms and Conditions of Sale are governed by French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
In the event of a dispute relating to the validity, interpretation, execution, or non-execution of the Contract, the Parties shall endeavor to resolve it amicably.
Any request must be sent to SARAH LAVOINE SAS by registered letter with acknowledgment of receipt.
Failing an amicable agreement, or in the absence of a response from SARAH LAVOINE SAS within a reasonable period, the consumer Client will have the possibility to freely contact, within one year from the complaint made to SARAH LAVOINE SAS, and if a disagreement persists, the consumer mediator at the following contact details:
The Client is also informed that they can use the Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Failing an amicable agreement, the dispute will be submitted to the courts according to the applicable rules of jurisdiction.
24 - DURATION
These General Terms and Conditions of Sale apply for the entire duration of the online availability of Products and Services offered by SARAH LAVOINE SAS, owner of the domain name www.maisonsarahlavoine.com.
25 - ENTIRETY
These General Terms and Conditions of Sale express the entirety of the Parties' obligations. In this sense, the Client accepts in advance and without reservation all the provisions provided in these General Terms and Conditions of Sale. In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the Client must not use the Website.
26 - ACCESSIBILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
Any internet user can consult these General Terms and Conditions of Sale on the Site.
They are continuously accessible by clicking on the hypertext link at the bottom of each page of the Site.
27 - MODIFICATIONS
Since the General Terms and Conditions of Sale may be subject to modifications, the applicable conditions are those in force on the Site on the date the Order is placed.
Any new version of the General Terms and Conditions of Sale will replace the previous version and will be enforceable against the Client as soon as it is posted online on the Site for any new Order.
28 - CONTACT DETAILS OF SARAH LAVOINE SAS
SARAH LAVOINE SAS can be reached at the following contact details:
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By postal mail: |
By email: |
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SARAH LAVOINE SAS 16 rue Gaillon 75002 PARIS |
By WhatsApp: +33 (0)1.86.47.63.55 By Phone: +33 1 89 71 98 56 |
STANDARD WITHDRAWAL FORM
To the attention of SARAH LAVOINE SAS, 16 rue Gaillon, 75002 PARIS, serviceclient@maisonsarahlavoine.com.
I hereby declare my withdrawal from the order designated below:
Order of: __________________________
Order number: ____________________
Delivery of: __________________________
Consumer's first and last name: __________________________
Consumer's postal address: __________________________
Consumer's email address: __________________________
Date: __________________________
Consumer's signature (for paper submission only)