Terms of Sales
PREAMBLE
SARAH LAVOINE SAS, simplified joint stock company with share capital of 86,158 Euros, registered in the Paris Trade and Companies Register under number 507 947 778 - Intracommunity VAT no. FR21507947778 - having its head office at 6 place des Victoires, 75002 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 address www.maisonsarahlavoine.com.
These General Conditions of Sale apply between SARAH LAVOINE SAS and any consumer Customer wishing to place an Order for their personal needs.
Professional customers are invited to visit the site accessible at the URL address https://contract.maisonsarahlavoine.com/.
Professional reseller customers are invited to visit the site accessible at the URL address https://revendeur.maisonsarahlavoine.com/.
The Customer declares to have read these General Conditions of Sale before any Order for Products or Services.
Any Order for Products or Services implies pure and simple acceptance of all of the General Conditions of Sale.
These General Conditions of Sale will prevail over any other version or other contradictory documents and conditions.
1 - DEFINITIONS
For the proper understanding of these General Conditions of Sale, the terms below, starting with a capital letter, whether in the singular or plural, will have the following meaning:
- « Boutiques Maison Sarah Lavoine» designates physical points of sale exclusively dedicated to the sale of SARAH LAVOINE SAS Products.
- « Customer» means any individual customer placing an Order within the meaning of these General Conditions of Sale, with a view to acquiring the Products or Services offered for Sale by the Seller for their personal needs.
- « Order» designates the purchase made by the Customer from the Seller via the Site relating to one or more Product(s) or Services.
- « Customer account» designates the space through which the Customer can identify himself on the Site.
- « General Conditions of Sale » designates these general conditions of sale, which present the terms and conditions applying to the relations between SARAH LAVOINE SAS and the Customer for any purchase of Products or Services.
- « Corners Department Stores» designates the sales areas dedicated to SARAH LAVOINE SAS Products within multi-brand department stores.
- «Recipient » natural person designated by the Customer to receive the Order.
- « Delivery costs» corresponds to the shipping and delivery costs charged to the Customer in order to deliver the Product(s) to the Delivery location he/she has selected.
- « Delivery» means the delivery to the Customer, or to the Recipient designated by him, of the package containing the Product(s) ordered on the Site.
- « Shopping cart» means the virtual basket in which the Customer places the Product(s) he wishes to order on the Site.
- « Parts» designates the parties linked to the Sales contract, namely, SARAH LAVOINE SAS and the Customer.
- « Price» designates the cost of the Products or Services offered for sale by SARAH LAVOINE SAS.
- « Total order price» means the overall price paid by the Customer, including the Price of the Products and the Delivery Costs if applicable.
- « Products» designates the items offered for sale by SARAH LAVOINE SAS on the Site.
- « Service», designates the services offered by the Seller.
- « Website» designates the online sales website maisonarahlavoine.com.
- « Seller» / « SARAH LAVOINE SAS » designates the company SARAH LAVOINE SAS, as identified at the top of these General Conditions of Sale, seller of the Products and Services, and publisher of the Site.
- « Sale » designates the sales contract concluded between SARAH LAVOINE SAS and the Customer for any purchase of Product or Service within the meaning of these General 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 the Order, the Customer guarantees that it has full legal capacity to adhere to the General Conditions of Sale, place an Order and conclude a Sale.
3 - PRE-CONTRACTUAL INFORMATION
Prior to placing the Order, the Customer acknowledges having been informed by the Seller, in a readable and understandable manner, by means of the provision of these General Conditions of Sale, on:
- The essential characteristics of the Products and Services, the Customer being required to refer to the description of each Product in order to know its essential properties and particularities;
- The Price of the Products and Services;
- Payment and Delivery terms;
- Information relating to the identity of the Seller and all of his contact details;
- Information relating to guarantees and the terms of their implementation;
- The possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale;
- The existence of the legal right of withdrawal, the terms of exercise of this right, and the conditions under which it cannot be exercised.
4 - CUSTOMER ACCOUNT
In order to create a Customer Account, the Customer must provide their title, surname, first name, date of birth, email address and choose a password.
Once the Customer Account has been created, the Customer will be able to log in using their identifiers, namely their email address and the password chosen when creating the Customer Account.
If the Customer forgets their password, they will have the option to reset their password by clicking on the link “ Forgotten password ”, and enter the email address of the Account in order to launch the reset procedure.
The Customer Account allows the Customer to access his profile, modify his personal information and access his order history.
The Customer Account may be deleted at any time by the Customer. Deletion of the Account will result in the deletion of all of the Customer’s data, permanently.
5 – PRODUCTS AND SERVICES
5.1. PRODUCTS
The Seller presents the Products and their detailed descriptions on its Site allowing the Customer to know, before taking the final Order, their essential characteristics.
The photographs of the Products presented on the Site are as faithful as possible. However, they cannot ensure perfect similarity with the Products offered for Sale, particularly with regard to color renderings.
Any request for a custom Product should be sent to customer service at the following email address: serviceclient@maisonsarahlavoine.com.
The Customer is informed that certain Products marketed by SARAH LAVOINE SAS may be made of fragile materials which require special attention. In any case, the Customer must refer to the maintenance manual and the technical data sheet of the Product when using the Products acquired from the Seller.
5.2. SERVICES
For any request for the provision of an Interior Decoration Service, the Client is invited to send a request to the following email address: studio@maisonsarahlavoine.com, in order to establish a personalized quote.
The quote is accepted by the signature of the Customer, who must comply with the specific information contained therein.
6 - AVAILABILITY OF PRODUCTS
The Products displayed on the Site may be the subject of an Order only if stock is available (excluding pre-order operations expressly indicated on the Site).
A Product that has become unavailable is indicated with the words: “Notify me when the item is available ". The Customer will then have the possibility of requesting to be alerted by email of the return of the Product by entering their email address in the field provided for this purpose.
It is also specified that the simple fact of adding a Product to the Basket does not constitute validation of the Order. In other words, the Product may become unavailable between the time of addition to the Basket and validation of the Order by the Customer.
In the event that the unavailability of the Product is noted after validation of payment, SARAH LAVOINE SAS undertakes to cancel the Order and reimburse the Price paid by the Customer for the unavailable Product concerned.
In this case the reimbursement will be made without delay, and at the latest within fifteen (15) days of payment of the sums paid by the Customer.
7 - GIFT CARD
It is possible for the Customer to Order a gift card to be used on the Site and in Maison Sarah Lavoine Boutiques (excluding Corner Department Stores).
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 free. The validity period of the gift card is one (1) year from the date of purchase.
Delivery of the online gift card is done free of charge by email, or in paper version within 5 working days to the address indicated by the Customer.
In the case of electronic delivery, the Customer is invited to check that the gift card is not in their unwanted messages.
If applicable, the Customer may send the gift card to the beneficiary's email or postal mail address.
The gift card can be used by its recipient 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 expiry date has been reached, the gift card will be deactivated.
8 - PRODUCT ORDERING PROCESS
In order to place an Order on the Site, the Customer must select the Products of their choice in order to complete their Basket.
The Customer then has the option of going to their Basket in order to finalize their Order.
They are then asked to validate their Basket and connect to their Customer Account or create one in order to continue their Order.
The Customer can also place his Order as a guest, by providing his email address, and all the information useful for Delivery, without creating a Customer Account.
Once this information has been completed, the Customer can access the summary page.
The Customer is then invited to accept these General Conditions of Sale and to make payment online.
9 - PRICE
The Product offers and their Prices appearing on the Site are valid for the current day.
In the event of a Price reduction, the proposed 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 Customer.
In such a case, both the Initial Price and the Reduced Price will be clearly indicated on the Site.
Prices are expressed in Euros, excluding tax (excluding tax) and including all taxes (tax included) 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 they come into force.
The Total Price of the Order corresponds to the Price of the Products selected by the Customer, to which are added the Delivery Costs according to the Delivery method selected by the Customer.
10 - PAYMENT TERMS
Payment for Orders is made by VISA, MASTERCARD, PayPal, Alma, Stripe bank card or gift card.
Transactions carried out on the Site are exchanged in an encrypted manner using the SSL (Secure socket layer) and TLS (Transport layer security) standards.
Payments made by the Customer will only be considered final after effective collection by SARAH LAVOINE SAS of the amounts due.
Any Sale made by the Seller is subject to invoicing in the name of the Customer by SARAH LAVOINE SAS.
11 - ORDER CONFIRMATION
Upon receipt of the Order by SARAH LAVOINE SAS, the Customer will receive a confirmation by email.
This confirmation will summarize the Products ordered, their quantities, the unit Prices, the Total Price of the Order, the payment method, the chosen Delivery method, the Delivery location and the indicative Delivery time.
The Customer must carefully check the elements indicated on the confirmation received in order to inform the Seller as soon as possible of any error to be rectified to the following email address: serviceclient@maisonsarahlavoine.com.
As such, the Customer is invited to check that the communications sent by the Seller are not found in their unwanted messages.
In the absence of receipt of confirmation, the Customer is invited to contact customer service at the following email address: serviceclient@maisonsarahlavoine.com or by telephone at +33 1 89 71 98 56 .
12 - DELIVERY OF ORDERS
12.1 - DELIVERY COSTS
Delivery Costs are calculated at the time of validation of the Order.
The Customer is invited to consult the Seller's price list for more information.
As part of its commercial operations, SARAH LAVOINE SAS may offer Delivery Costs * (In mainland France, excluding cradle or custom service) according to the conditions specified on the Site.
12.2 - DELIVERY TERRITORY
Orders placed on the Site are deliverable in France and within the European Union.
If the territory selected at the time of the Order is located outside the European Union, the Customer is invited to contact customer service at the following email address: serviceclient@maisonsarahlavoine.com, in order to transmit quotes.
Tax free and customs services remain the responsibility of the Customer.
Deliveries are made according to the delivery address indicated at the time of the Order and according to the delivery service chosen 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 markets, within 3 to 5 days after confirmation of the Order, subject to the availability of the Product, excluding exceptions specified on the Site. The service of delivery by courier, valid only in Paris, is carried out within a time limit of 3 hours for any order placed between 8 a.m. and 2 p.m. Beyond that, delivery by courier is made the next day.
The largest Products will be sent by our specialized furniture carriers within a varying time frame. of 5 to 10 working days depending on product availability in stock and address of delivery, and which may extend to 4 to 10 weeks depending on the information on the Product sheet, particularly in the case of products made to order.
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The deadlines indicated above may be extended during commercial operations or busy periods. In such a case, the Customer will be informed of the modified Delivery times.
If the Basket contains several Products with different availability dates, several shipments may be planned.
If one or more Products are no longer available, without this being indicated in the Product sheet, the Customer will be notified by email or by telephone, and the Seller will reimburse the Products concerned by crediting the card used to pay for the Order with the amount of the corresponding Price.
12.4 – SHIPPING AND DELIVERY TRACKING
As soon as their Order is shipped, the Customer receives the delivery information and tracking number by email.
For any furniture Order, delivery monitoring is ensured by the transport provider.
Delivery is made by handing over the package to the Customer.
The Customer undertakes to provide complete and truthful information with a view to the proper execution of the Delivery.
Customer responsibility relating to access conditions:
It is the Customer's responsibility to ensure, before validating their Order, that the dimensions of the Products ordered are compatible with the conditions of access to the place of delivery (stairs, elevators, corridors, doors, etc.).
In the event of impossibility of delivery due to an unreported lack of accessibility, SARAH LAVOINE SAS reserves the right to invoice the Customer for all additional costs incurred, including in particular the costs of redelivery, return of Products and, where applicable, the costs linked to the rental of a freight elevator or any specific logistical service made necessary.
12.5 - RECEIPT - RESERVES
Assuming the risks linked to transport, SARAH LAVOINE SAS undertakes to deliver the Products ordered by the Customer in closed, resistant packaging, appropriate to the content and transport requirements.
Upon receipt of the Order, the Customer is required 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 guarantee linked to transport is only valid if the Customer or their Recipient has signed the delivery note or transport receipt presented by the carrier on which they have taken care to issue precise, dated and signed handwritten reservations. By affixing his signature to the delivery note or the transport receipt, without making any reservations, the Customer, or his Recipient, acknowledges that his 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 period of 72 hours from delivery.
Any complaint made after this deadline will be rejected, and SARAH LAVOINE SAS will be released from all liability.
In the event of receipt of broken or damaged Products upon Delivery, the Customer will have the possibility of obtaining, after validation from the Seller, the replacement of the broken or damaged Products.
Any other anomaly concerning the Delivery must be notified, within 72 hours after 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 photographs supporting the anomaly observed.
Any complaint made after this deadline, 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 to the place of Delivery indicated by the Customer.
From receipt of the Products, the Customer assumes the risks relating to the Products ordered.
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 – EXERCISE OF THE RIGHT OF WITHDRAWAL
Any Order from SARAH LAVOINE SAS on the Site constitutes the formation of a Sales contract concluded remotely between SARAH LAVOINE SAS and the Customer.
In accordance with the provisions of the Consumer Code, the Customer, a consumer, has a withdrawal period of fourteen (14) days to exercise his right of withdrawal with SARAH LAVOINE SAS, and to cancel his Order without having to give reasons or pay a penalty, for reimbursement.
If it is a sales contract (sale of goods or provision of a service including the delivery of a good), the starting point of the withdrawal period runs from receipt of the good by the consumer or a third party, other than the carrier, designated by him.
If it is a contract for the provision of services, 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, it is extended until the first following working day.
The right of withdrawal may be exercised using the standard withdrawal form annexed to these General Conditions of Sale, or any other unambiguous declaration expressing the desire to withdraw and mentioning the order concerned, sent by registered mail with acknowledgment of receipt to SARAH LAVOINE SAS, 6 place des Victoires, 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 receipt by SARAH LAVOINE SAS of the Customer's withdrawal request.
The refund date may possibly be deferred until the return of the Products ordered 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 the customer and SARAH LAVOINE SAS will make a return label available to the Customer.
Exercising 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 PERSONALIZED GOODS
The Customer is informed that the right of withdrawal cannot be exercised for contracts for the supply of goods made according to the consumer's specifications or clearly personalized (pre-ordered or tailor-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 his Order to inform SARAH LAVOINE SAS of his 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, it is extended until the first following working day.
Any return or refund declaration made after the deadline cannot be taken into account and accepted by the Seller.
The return of the Product(s) is made in their original packaging, intact, accompanied by all possible accessories and documentation, in perfect condition for resale, with the indication of the order number to which the Products relate.
The Product must be returned in packaging provided for this purpose, not allowing the identification of the Product (postal parcel, bubble envelope, kraft paper, etc.) and protecting the returned Product.
Any Product damaged, incomplete, missing or whose original packaging has been damaged will not be refunded or exchanged and will be returned to the Customer. SARAH LAVOINE SAS recommends that the Customer return their Products with a recommendation or additional insurance guaranteeing, where applicable, compensation for the Products up to their actual market value in the event of theft or loss of the package(s).
Return costs are the responsibility of the customer, SARAH LAVOINE SAS will provide the Customer with a return label to download from their Customer Account.
The shipping costs of the Order will be fully refunded, subject to the full return of the Products.
Returns from abroad will be the responsibility of the Customer. Returns must be sent to RAJ SERVICES - Maison Sarah Lavoine return service, 10 rue de l'ormeteau Lot 37- 77170 SERVON.
During commercial operations, returns are the responsibility of the Customer. Returns must be sent to RAJ SERVICES - Maison Sarah Lavoine return service, 10 rue de l'ormeteau Lot 37- 77170 SERVON.
Returned Products may be exchanged, or give rise to a refund, at the Customer's choice.
Custom-made and pre-ordered Products are neither returned nor exchanged.
16 - LEGAL GUARANTEES
The Customer benefits on tangible movable property, except in cases of exemptions envisaged by law, from the guarantee against hidden defects, provided for by the provisions of articles 1641 et seq. of the civil code, and from the guarantee of conformity, provided for in articles L.217-1 et seq. of the Consumer Code.
The consumer has a period of two years from delivery of the goods to obtain 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 contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires 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 goods or end the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired or replacement good;
4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them 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 the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 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 gives the right to a price reduction if the item is kept or to a full refund against return of the item.
The applicable provisions of the Consumer Code are recalled below:
Article L.217-3 of the Consumer Code
The seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for defects in conformity of this digital content or this digital service which appear within a period of 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 of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
The seller also responds, during the same periods, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps 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 for the prescription of the consumer's action is the day the latter becomes aware of the lack of conformity.
Article L.217-4 of the Consumer Code
The property complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied 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 contract conformity criteria, the good is compliant if it meets the following criteria:
1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision 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 has 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 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 as well as public declarations 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 labeling.
- -However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; or
3° That the public statements could not have had any influence on the purchasing decision.
III. -The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract.
The applicable provisions of the civil code are recalled below:
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 so much that the buyer would not have acquired it, or would have only given a lower price, if he had known about them.
Article 1643 of the civil code
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
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 refunded, or keeping the thing and having part of the price refunded.
Article 1648 paragraph 1 of the civil code
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 the guarantees must be the subject of 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 complaint must be motivated and accompanied by proof of the damage suffered (photographs, invoice, etc.). The Customer must also indicate whether he wishes the Product to be replaced or refunded.
Complaints or disputes will always be received with attentive kindness by the Seller, good faith always being presumed by the person who takes the trouble to present the dispute.
18 - EXCLUSIONS OF WARRANTIES
Any warranty is excluded in the event of normal wear and tear of the Product.
The warranty does not cover wear and damage to materials and surfaces, in particular due to maintenance error, or poor maintenance of materials or lack of maintenance.
The guarantee cannot apply if the Products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use, the maintenance manual and the technical sheet of the Product.
It also does not apply to the case of deterioration or accident resulting from impact, fall, negligence, lack of supervision, force majeure or in the event of transformation of the Product.
19 - INTELLECTUAL PROPERTY
All elements reproduced or used on the Site (logos, photos, texts, etc.) are protected by the laws in force regarding intellectual property.
Unless otherwise stated, these elements are the full and entire property of SARAH LAVOINE SAS.
Access to the Site does not constitute recognition of rights and does not confer any intellectual property rights 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 offending Internet user is likely to incur civil and criminal liability.
20 - PROTECTION OF PERSONAL DATA
As data controller, SARAH LAVOINE SAS implements processing of personal data as part 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 amended in its current version, SARAH LAVOINE SAS undertakes to ensure that the processing of data carried out complies with the regulations.
The personal data transmitted to SARAH LAVOINE SAS by the Customer are subject to processing and may be used for the management and execution of Sales, Customer Orders and after-sales service.
The collection of data is limited to the information strictly necessary to achieve the purposes set out above. Only adequate, necessary and relevant information may be processed by SARAH LAVOINE SAS.
SARAH LAVOINE SAS further undertakes not to communicate the information collected to third parties other than its commercial partners and possible subcontractors responsible for carrying out the purposes it determines.
Personal data will be kept for the time necessary to achieve the objectives pursued.
In accordance with current regulations, any Customer providing proof of identity may exercise their right of access, query, limitation, modification, rectification, portability and their right to be forgotten and/or deleted in relation to all data concerning them.
The Customer 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. As such, the Customer has the option of registering free of charge on a BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone 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 of the above rights, the person concerned must send their request, providing proof of their identity, by registered mail with acknowledgment of receipt to SARAH LAVOINE SAS, 6 place des Victoires, 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 data protection reinforced by the use of physical and logical security means.
It undertakes to notify any violation of personal data to the CNIL and to the persons concerned in the event of a high risk to their rights and freedoms.
The Customer may lodge a complaint with the supervisory authority in the event that one of his rights is 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 cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described in these General Conditions of Sale, results from a case of force majeure within the meaning of article 1218 of the civil code.
The Party noting the event must inform the other Party of the impossibility of performing its Service without delay, and justify this to the latter.
Performance of the obligation will be suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of two (2) months.
The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
As soon as the cause for 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 duration of two (2) months, the Sale will be canceled automatically, without right to compensation on either side, unless the Parties agree, where applicable, on the terms of continuation of their relations.
22 - NULLITY AND INDEPENDENCE OF CLAUSES
If one or more stipulations of these General Conditions of Sale were to be considered invalid or declared as such in application of the law or a court decision which has become final, this nullity would not result in the nullity of the other provisions which will remain in force.
In the event of cancellation of one of the stipulations of these General Conditions of Sale, the Parties will endeavor to negotiate an economically equivalent clause.
23 - APPLICABLE LAW - DISPUTES - CONSUMER MEDIATOR
These General 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 will be authentic in the event of a dispute.
In the event of a dispute relating to the validity, interpretation, execution or non-execution of the Contract, the Parties will endeavor to resolve it amicably.
Any request must be sent to SARAH LAVOINE SAS by registered letter with acknowledgment of receipt.
In the absence of an amicable agreement, or in the absence of a response from SARAH LAVOINE SAS within a reasonable time, the consumer Customer will have the possibility of contacting the consumer mediator free of charge 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 Customer is also informed that he can use the Online Dispute Resolution platform (RLL) Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the absence of an amicable agreement, the dispute will be submitted to the courts according to the rules of jurisdiction in force.
24 - DURATION
These General Conditions of Sale apply for the entire duration of the online posting of the Products and Services offered by SARAH LAVOINE SAS, holder of the domain name www.maisonsarahlavoine.com.
25 - INTEGRALITY
These General Conditions of Sale express the entirety of the obligations of the Parties. In this sense, the Customer accepts in advance and without reservation all of the provisions provided for in these general conditions of Sale. In the event of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website.
26 - ACCESSIBILITY OF GENERAL CONDITIONS OF SALE
Any Internet user can read these General Conditions of Sale on the Site.
They are continually accessible by clicking on the hyperlink at the bottom of each page of the Site.
27 - MODIFICATIONS
The General Conditions of Sale may be subject to modification, the applicable conditions are those in force on the Site on the date the Order is placed.
Any new version of the General Conditions of Sale will replace the previous version and will be enforceable against the Customer as soon as it is posted online on the Site for any new Order.
28 - CONTACT DETAILS FOR SARAH LAVOINE SAS
SARAH LAVOINE SAS can be reached using the following contact details:
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By postal mail : |
By email : |
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SARAH LAVOINE SAS 6 Place des Victoires 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, 6 places des Victoires, 75002 PARIS, serviceclient@maisonsarahlavoine.com.
I hereby declare that I withdraw from the order designated below:
Order from: __________________________
Order Number: ____________________
Delivery from: __________________________
First and last name of the consumer: __________________________
Consumer postal address: __________________________
Consumer email: __________________________
Date: __________________________
Consumer signature (if sent on paper only)