Terms and Conditions
- Article 1 : SUBJECT-MATTER
- Article 2 : PRODUCTS
- Article 3 : PRICES
- Article 4 : ORDERS
- Article 5 : RETENTION OF TITLE CLAUSE
- Article 6 : PAYMENT
- Article 7 : DELIVERY AND RECEIPT
- Article 8 : RIGHT TO WITHDRAW AND RETURN POLICY
- Article 9 : STATUTORY WARRANTIES
- Article 10 : LIABILITY IN RELATION TO THE SITE
- Article 11 : CAPACITY
- Article 12 : PRIVACY
- Article 13 : FORCE MAJEURE
- Article 14 : SEVERABILITY
- Article 15 : LACK OF AN IMPLIED WAIVER
- Article 16 : HEADINGS
- Article 17 : MAKING CHANGES TO THESE T&CS
- Article 18 : INTEGRAL NATURE OF THIS AGREEMENT
- Article 19 : LANGUAGE
- Article 20 : APPLICABLE LAW – SETTLEMENT OF DISPUTES
SERGE LUTENS Terms and Conditions
Applicable as from 20 November 2018.
These general terms and conditions of sale (the “T&Cs”) constitute a contract between (a) the company INSIGN, a société par actions simplifiée with a share capital of 7,666,288.81 euros, registered with the Company Registry of Lyon under number 524 347 945 and with headquarters located at 7 rue de la République 69001 Lyon, acting on behalf of LES SALONS DU PALAIS ROYAL SHISEIDO (the “Vendor”) and (b) any person (the “Client”) wishing to purchase perfumes, cosmetics, books, scarves and/or any other product developed under the SERGE LUTENS brand (the “Products”) via the https://www.sergelutens.com web site or its derivative web sites (“the Site”).
LES SALONS DU PALAIS ROYAL SHISEIDO (“LSPRS”) is a société anonyme with a share capital of 5,454,975 euros, registered with the Companies Registry of Paris under number 383 926 987 and with headquarters located in 25 rue de Valois 75001 Paris.
Phone: 09 77 55 95 91
VAT number: FR 63 383 926 987
Throughout these T&Cs, the Client and the Vendor shall be referred to jointly as the “Parties”, and individually as a “Party”.
Please note that the Products are sold through a selective retail network and are solely destined for the Client’s own personal use. The Vendor will be entitled to refuse any order that does not clearly correspond to a retail sale.
Moreover, Clients are hereby informed that they may not order more than three (3) Products with the same reference. Orders exceeding the abovementioned quantity cannot be placed.
By placing an order for Products on the Site, the Client acknowledges having read and accepted these T&Cs without reservations. No signature on the part of the Client shall be required for this agreement to be valid.
Clients may record or print out these T&Cs, provided that they do not modify them.
None of the special terms and conditions featuring in the documents issued by the Client (including their orders) may take precedence over these T&Cs without the prior express consent of the Vendor.
Article 1 : SUBJECT-MATTER
These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by the Vendor to the Client, as well as the respective rights and obligations of the Parties arising from the online sale of the Products that are offered on the Site.
They set out for instance all the steps that must be taken to place an order.
Article 2 : PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS :
The Products available to purchase on the Site and their detailed descriptions (in the form of product data sheets) are shown on the Site to enable potential Clients to obtain information about the key characteristics of the Products that they wish to buy before placing an order.
The Vendor does everything in its power to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, given that the Vendor does not have full control over the colour rendering properties of the Client’s computer hardware and software, the Vendor cannot be held liable for any inaccuracy of the photographs featuring on the Site
Perfumes products must not be used onto recently-shaven skin.
Clients who have any question or require any advice concerning the Products and their use may contact the Customer Service unit:
- by sending an e-mail to email@example.com
- by telephone on 09 77 55 95 91 or +33 9 77 55 95 91 from abroad (Monday to Friday from 10am to 1pm and 2pm to 6pm Paris time).
The Customer Service unit will provide information in French and English languages only.
2.2. AVAILABILITY OF THE PRODUCTS :
2.2.1. The Products sold by the Vendor are those featuring on the Site on the day on which the Client accesses the Site, subject to availability.
The Vendor shall do everything in its power to report any permanent or temporary unavailability of its Products on the Site’s information page describing each Product or at the time when a Client places their order.
2.2.2. Despite our vigilance, should a Product that is ordered not be available at the time of sending the order, the Vendor shall inform the Client about this as soon as possible by e-mail or phone. This notification may be issued at any point in time between the approval of the order and its delivery.
The Client will receive the Products that are available.
With regards to the Products that have been ordered but are not available, the Client will be entitled to:
- either receive the available Products later, once the Products are available;
- or ask refund of the entire value of the unavailable Products.
In the absence of a reply from the Client within 3 days from contact with the Customer Service, the order will be automatically sent with the available Products only.
Should the bank account / bank card of the Client already have been debited at the time of the cancellation, the Vendor undertakes to refund the entire value of the Products which are not available to the Client as soon as possible, or the value of the unavailable Products (less delivery charges, if any), directly to the bank account / bank card that was used to pay for the order.
An order shall not be cancelled in case of unavailability of free samples or gifts.
The Vendor reserves the right to, at any time, modify or decide to no longer market the Products on the Site, being specified that such modifications will have no impact on the orders that the Vendor would have had already approved beforehand.
Article 3 : PRICES
The prices of the Products shall be firm and shall be quoted in euros, and in pounds sterling for United Kingdom. The applicable prices shall be those that are displayed on the Site at the time when the Clients place their orders.
The Vendor reserves the right to modify the prices at any time and without prior notice. However, the Products will be invoiced to the Client at the price applicable at the time when the order has been placed.
These prices are quoted including all taxes, with the exception of the delivery costs and any customs duty and other taxes and levies linked to the delivery, all of which shall be invoiced separately and shall be mentioned specifically on the order summary prior to final approval by the Client, as well as in the order confirmation e-mail sent subsequently to the Client.
The total price stated in the order summary and in the order confirmation e-mail shall cover all of the moneys billed to the Client, including all taxes and levies, delivery costs and customs duty.
The prices include VAT and any change in the statutory rate of this tax shall be reflected in the prices of the Products featuring on the Site, as of the date stipulated by the statutory instrument introducing this change.
Should the Client use a bank card tied to an account denominated in a currency other than the euros or the pounds sterling for United Kingdom, the Client’s bank may charge currency conversion costs and bank costs, which must be borne by the Client in full.
In case of an error in the price quoted for the Products at the time of the order, should the quote price be significantly low in comparison to the correct price, we shall contact you to give you the option to either maintain your order while paying the right price, or to cancel your order.
Article 4 : ORDERS
4.1. PLACING AN ORDER :
By browsing the Site, Clients may obtain more information about the various Products that are on sale on the date of their visit. A Client who browses the various pages of the Site shall not be under any obligation to place an order.
When placing an order, Clients shall be guided by a series of straight-forward instructions featuring on the Site:
1) To place an order on the Site, a Client must be at least 16 years-old (18-years old for Italy), have the legal capacity to be bound by these T&Cs and hold a payment method as defined in article 6.1 below.
2) When browsing the Site, a Client who wishes to place an order may do so by clicking on the Product or on the [ADD TO SHOPPING CART] button located beside each Product shown; the Client’s ”Cart” shall then be displayed at the top right-hand-side of the screen, and shall list all the items that are included thus far in the order, the sum total to be paid for the Products (excluding delivery costs), as well as the product name, picture and quantity of each item in the shopping cart. The Client may select further Products by continuing to browse the Site.
3) To see what items are contained in its shopping cart at any point in time, the Client has to click on the [SHOPPING CART] icon at the top right-hand corner of the screen. After that, the Client will have access to its shopping cart summary, showing all the items it contains, with the picture, the name and the quantity of the Products selected. A sub-total will be indicated, but excluding the delivery costs and taxes. The Client can have access to more details by clicking on [SEE AND MODIFY CART]. The page [SHOPPING CART] will be then displayed on screen, showing all the items it contains, with the picture, the name and the quantity of the Products selected, the total price to be paid, the total price of the order and an estimate of the delivery costs (which shall be confirmed at the next step of the order, depending on the country of delivery).
At this stage, the Client may change the quantity of a Product, add it to his/her wish list or delete it from the cart. The sum total value of the order shall then be recalculated automatically. With regards to Products available in various colors, the Client will not be able to change the color of the Product on the page [SHOPPING CART], he shall go back to the relevant product sheet and select the desired color.
Finally, the Client may also select free samples or gifts, insert a promotional code, contact the Customer Service or subscribe to the newsletter.
Clients should note that they may change their mind, modify their order, cancel it or add further Products at any point in time during the ordering process, until they confirm their order and pay for it in accordance with the terms of this article and article 6.
In order to remove an item from the shopping cart, the Client must click on [REMOVE] below the price of the Product in the shopping cart. The sum total value of the cart shall then be recalculated automatically.
If the Client has a promotional code, the Client should insert it at this stage, before payment. In order to do so, the Client shall insert its code in the [INSERT YOUR PROMOTIONAL CODE] field located at the bottom of its cart and at the bottom of the checkout page. Once the Client has clicked on [USE THIS CODE], the corresponding discount will automatically appear in its cart.
4) Once the Client has finished selecting the Products, the Client may order them from the shopping cart by clicking on the [ORDER] button. At this point, a new web page shall be displayed, prompting you to login to your account or to continue as a guest.
5) The Client must input the delivery address in the form that is displayed. In particular, the Client must provide an address to which deliveries may be made during working hours, Monday to Friday, as well as its full name and e-mail address.
At this step, the Client can choose a delivery method. The delivery costs is displayed to help him in its choice.
6) Once the form has been filled in, the Client must click on the [PROCEED] button.
7) At the next step, the Client must choose a payment method, provide banking details and confirm the billing address (which may be identical or different from the delivery address). A summary of the order will then be displayed on the right-hand side of the screen, reiterating all the information concerning the order, including the type, quantity and the price of the Products, the sum total payable for the order (including delivery costs), its contact details and the delivery address.
8) After checking the status of their order, Clients shall be prompted:
- to pay for their order, in accordance with the terms of article 6 of these T&Cs;
- or to change the characteristics of their order and/or their contact details by clicking on the “go back” button or on the SERGE LUTENS logo in the Site’s header.
9) Before clicking on the [PLACE MY ORDER] button, Clients shall be prompted to read and accept these T&Cs by ticking the appropriate.
Once these T&Cs have been accepted, and once the Client shall have clicked on the [PLACE MY ORDER] button, the Order Confirmation page shall be displayed. The data gathered by the Vendor shall be used as evidence for all the transactions performed by the Vendor and the Client.
Once this step has been confirmed, Clients shall no longer be able to cancel their orders. The sale shall be final (subject to the Clients’ right to withdraw in keeping with the terms of article 6 of these T&Cs).
4.2. ORDER CONFIRMATION :
Once the order has been confirmed by the Client and the payment has been approved in accordance with the procedures that are explained in article 6 below, a summary of the order placed by the Client, listing all the Products ordered shall be displayed, and an e-mail confirming the order shall be sent to the Client (the “Order Confirmation”).
The confirmation e-mail sent by the Vendor shall set out the following details:
- the order number allocated by the Vendor when the Client placed their order;
- the order summary (identification of the Product(s) ordered, the quantity and the price);
- the total value of the order, including all taxes;
- the delivery costs;
- The delivery procedure for the Product(s) ordered (delivery method),
The price of the order shall be taken when the Product(s) are dispatched. The Client shall thereupon receive an e-mail mentioning the dispatching of their order.
Clients who require information regarding the status of their orders should log in to their account to follow their order status or contact our Customer Service unit in case of a problem by clicking HERE or on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm – Paris time).
The Customer Service unit will provide information in French and English languages only.
4.3. EVIDENCE OF THE ORDER :
Clients are advised to print out and keep their Order Confirmation in order to retain a trace of their order.
The Vendor and the Client hereby agree that the information contained in electronic messages sent by e-mail and in the automatic archiving systems used by the Site shall have evidential value between the Parties, for instance regarding the nature and the date of an order. In accordance with the standard rules of law, the Clients may access the electronic contract formed between them and the Vendor. To do so, they should contact the Customer Service unit on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm –Paris time firstname.lastname@example.org, stating all the information needed for the procedure, and in particular their contact details and the order number.
The Customer Service unit will provide information in French and English languages only.
In general, the Vendor recommends that Clients keep a copy of all the e-mails concerning their orders. The Client is hereby informed that e-mails shall be sent to the e-mail address provided by the Client. The Vendor shall not be liable in case of a typing error in the e-mail address provided by the Client resulting in the Order Confirmation e-mail not being received.
Moreover, the Vendor shall keep the information concerning any order worth 120 euros or over for a period of 10 years, said information being made available to the Client immediately upon receipt of a request sent by the latter to email@example.com.
Article 5 : RETENTION OF TITLE CLAUSE
The Vendor shall retain ownership of the Product(s) that are ordered until the Client shall have paid the price thereof and all related costs, including the delivery costs, in full.
Conversely, the risks linked to the Products that are delivered (such as the risk of loss, theft or damage) shall be borne by the Client at the time the Client or a third party designated by the Client takes physical possession of the Products.
Article 6 : PAYMENT
6.1. METHOD AND MEANS OF PAYMENT :
Payment must be made on the Site immediately at the time of placing the order, in euros or in pounds sterling for United Kingdom and by bank card only (Visa, MasterCard, American Express) or PayPal. Any other method of payment shall not be accepted
Any bank cards issued by banks based outside France must be international bank cards. To that end, the Client undertakes to pay using only bank cards that they hold personally and that bear their name (family name and first name).
Should a Client use a bank card tied to an account denominated in a currency other than the euro or in pounds sterling for United Kingdom, the Client’s bank may charge currency conversion costs and bank costs, which shall have to be borne by the Client in full. Should the Client decide to return the Products, these costs shall not be refunded.
The Client hereby warrants to the Vendor that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.
The Vendor shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.
6.2. SECURE TRANSACTIONS :
6.2.1 The order transaction shall be performed in keeping with all applicable banking security standards. In order to ensure the security of payments by bank card on the Site, Clients must disclose to the Vendor the security code (CVV) shown on the reverse of the bank card that they use to pay for their order.
The Client’s bank card shall then be debited after checking that their order meets all the terms of these T&Cs, and that the item(s) ordered are available, at the time when they are dispatched.
6.2.2 The Vendor uses secure payment platforms called Paypal and Stripe.
As part of the ongoing campaign against fraud over the Internet, information concerning a Client’s order may be transmitted to any third party that is duly empowered by law to check the identity of the Client, the validity of the order, the payment method used and the planned delivery.
Should the Client not respond to the Vendor’s request for additional information within fifteen (15) days, the suspicious credit card order shall immediately be cancelled, and the bank account that was debited at the time of placing the order shall be refunded as soon as possible.
Article 7 : DELIVERY AND RECEIPT
7.1. DELIVERY TERMS AND COSTS :
The Products that are ordered may only be delivered to the European Customs Union, in the countries listed hereafter.
Once the order has been prepared, it shall be dispatched to the postal address provided by the Client upon placing the order.
An e-mail shall be sent to the Client when the order is dispatched. Clients are advised to print out this e-mail in order to keep track of their order.
Clients shall then have the possibility to monitor the progress of their delivery on the Site by clicking on the “My account” link at the top of the screen, and keying in the e-mail address and password that they provided at the time of placing the order,. The Product(s) ordered by the Client shall be delivered to the delivery address indicated in the order confirmation e-mail.
Delivery costs and timescales as of the dispatching of the order:
|Standard Delivery||Express Delivery|
(excluding order preparation time)*
(excluding order preparation time)*
|France||5,47 €||4 to 5 working days||10,91 €||1 working days|
|Allemagne||10,70 €||4 to 5 working days||10,91 €||2 working days|
|Pays-Bas||10,70 €||4 to 5 working days||10,91 €||2 working days|
|Belgique||10,70 €||4 to 5 working days||10,91 €||2 working days|
|Luxembourg||10,70 €||4 to 5 working days||10,91 €||2 working days|
|Royaume-Uni||12,46 €||4 to 5 working days||10,91 €||2 working days|
|Irlande||12,46 €||4 to 5 working days||13,60 €||2 working days|
|Italie||12,46 €||4 to 5 working days||10,91 €||2 working days|
|Espagne||12,46 €||4 to 5 working days||10,91 €||2 working days|
|Portugal||12,46 €||4 to 5 working days||13,60 €||2 working days|
|Autriche||12,46 €||4 to 5 working days||13,60 €||2 working days|
|Danemark||12,49 €||4 to 5 working days||13,60 €||2 working days|
|Hongrie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Pologne||12,49 €||4 to 5 working days||17,24 €||2 working days|
|République Tchèque||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Slovaquie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Slovénie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Estonie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Lettonie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Lituanie||12,49 €||4 to 5 working days||17,24 €||2 working days|
|Grèce||14,92 €||4 to 5 working days||13,60 €||2 working days|
|Finlande||14,92 €||4 to 5 working days||13,60 €||2 working days|
|Suède||14,92 €||4 to 5 working days||13,60 €||2 working days|
*Delays for engraving and delivery are 10-15 working days.
Delivery is free for orders for 175 euros (£XXX for United Kingdom) or above. Orders eligible to free delivery will be sent by standard delivery.
Given that the orders are delivered by a third party service provider, the Vendor hereby disclaims, to the fullest extent permitted by law, all liability for the non-performance or the improper performance of this obligation if this arises from the Client’s own fault or from the unpredictable or impossible to prevent acts of a third party to the contract or from force majeure.
In any event, and in accordance with the provisions of article L. 216-1 of the French Consumer Code, the order must be delivered within thirty (30) days following the day after that on which the Client placed their order, subject to full payment of the price.
Should the order not have been delivered upon expiry of this timescale, the Client shall have the right to cancel their order in keeping with the terms of article 7.2 below. The moneys paid by the Client shall then be refunded.
7.2. LATE DELIVERY :
The Clients must inform the Vendor about any delay in the delivery of their orders as soon as possible by calling the Customer Service on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm Paris time) or by sending an e-mail to firstname.lastname@example.org in order to enable the Vendor to take the requisite steps with the postal or courier services involved.
Should the Vendor fail to deliver the Products within a reasonable period following the Client’s email and at the latest thirty (30) days after the order, the Client may cancel his/her order by calling the Customer Service on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm Paris time) or by sending an e-mail to email@example.com.
Once a Client has exercised their cancellation right, the Vendor shall refund the price of the order to the bank card that was used to place the order, as soon as possible and in any event within 14 (fourteen) days following receipt of the Client’s request for cancellation.
The Customer Service unit will provide information in French and English languages only.
7.3. RECEIPT OF THE PRODUCTS :
Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note.
It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.
In case of damaged or missing items, Clients must immediately express their reservations (both quantitative and qualitative) fully and accurately to the carrier, on the carrier’s form. These reservations must also be forwarded to the Customer Service unit of the Vendor by sending an e-mail to firstname.lastname@example.org without undue delay.
Any claim raised in a way that does not comply with the requisite form, shall be rejected.
Article 8 : RIGHT TO WITHDRAW AND RETURN POLICY
8.1. STATUTORY RIGHT TO WITHDRAW :
In accordance with the provisions of article L. 221-18 of France’s Consumer Code, the Client shall have a cooling off period of fourteen (14) working days as of the date of receiving the goods, during which they may return any Product(s) ordered that are not fully satisfactory.
- Notification of withdraw decision :
In order to apply its right to withdraw, the Client shall inform the Vendor of its decision with the withdrawal form shown below or an unambiguous declaration informing the Vendor that the Client wants to return the Products, by post courier at ADS – site d’Evreux – ZAC Long Buisson 2 – rue Rolland Garras 27490 Guichainville, or by sending an e-mail at email@example.com.
- Return of Products :
Products must be returned without delay according to the procedure described in section 8.3 below.
Subject to compliance with the return procedure described herein, the Vendor undertakes to refund all the moneys paid by the Client, including the normal delivery costs.
8.2. COST OF RETURNING THE PRODUCTS
In accordance with article L. 221-21-3 of the French Consumer Code, the cost of returning the Products shall be borne by the Client, save where the Products that were delivered do not comply with the order (in which case these costs shall be borne by the Vendor).
8.3. THE RETURNS AND REFUND PROCESS
In order to return a Product the Client must follow the following steps.
STEP 1 – Contact Customer Service or login to you Client account
- You can contact the Customer Service team on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm Paris time).
- You can also make a return request on the Site by connecting to your Client account.
STEP 2 – Return the Product(s)
If you are not entirely satisfied with the your SERGE LUTENS order, you can initiate a return request up to 14 working days after receiving the Products and ask for a refund. The money shall be refunded through the same payment method as the one used for the order. You must return the Products in their original condition within 30 days from receipt of the order.
However, in accordance with article L221-28 of the French Consumer Code, the Client is not entitled to return a Product and ask refund if the Product has been personalised further special order(for instance, a bottle engraved) or if the Product is unsealed by the Client or cannot be returned for hygienic reasons (which is the case of cosmetics products).
The steps to be followed in order to return a Product are the following:
- Keep your return form which was in the initial package and place it in the package. This form is mandatory to ensure return processing. No return shall be treated without this document.
- Give the parcel to the Post office of your choice. The costs relating to the return of Products shall be borne by the Client.
The Products shall be returned at the following address: ADS – site d’Evreux – ZAC Long Buisson 2 – rue Rolland Garros 27930 Guichainville.
You can also contact our customer service by phone on 09 77 55 95 91 in France or +33 9 77 55 95 91 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm Paris time). or by clicking HERE.
Please ensure that you obtain proof of sending when you return the Products to us. We recommend that you keep your proof of sending to cover for the unlikely event that we do not receive the returned parcel. We cannot accept any liability for Products being returned that are lost in transit.
As soon as we shall have received the Product(s) being returned, we shall check that they are in perfect condition. Should it turn out that the Products have been opened, used and/or personalised at the Client’s request, we shall let you know that we are unable to refund the Products and you shall have to organise for the collection and delivery of the Product(s) to your address at your expense within 28 days.
STEP 3 – Processing of the refund
Moneys will be refunded on the same accounted debited during the order and within fourteen (14) days maximum following our receipt of the returned Products, provided that you shall have returned the Products in their original condition to the address mentioned on the return form within 30 days from receipt of the order. However, the Vendor is entitled to postpone the refund until it has actually received the Products or until the Client provides proof that the Products have been sent, whichever takes place first and provided the abovementioned conditions are complied with. the Vendor shall refund all money to the Client using the same payment method as the one used for the initial transaction. In any case, the Client shall not incur any costs in relation to the refund. You shall receive a notification from our Customer Service team by e-mail informing you about the completion of your refund.
Our returns policy only applies to purchases made online on the Site. We are not able to accept returns of Products bought in a partner store.
Article 9 : STATUTORY WARRANTIES
9.1. STATUTORY COMPLIANCE WARRANTY :
The French Consumer Code provides as follows concerning the statutory compliance warranty:
Article L. 217-4 of France’s Consumer Code: “The seller must deliver goods that comply with the contract and is liable for any non-compliance upon delivery.
The seller shall also be liable for any non-compliance arising from the packaging, the assembly instructions or the installation if he is responsible for this under the contract or if it was carried out under his responsibility”.
Article L. 211-5: “In order to comply with the contract, the goods must:
1) Be suited to the use that is normally expected from similar goods, and where applicable:
- correspond to the description provided by the seller and have the properties that the latter presented to the buyer in the form of a sample or model;
- feature the properties that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by its representative, such as in advertising and on labelling;
2) Or feature the characteristics defined jointly by the parties or be suited to any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L. 217-12: “Any claim for non-compliance is time-barred two years following the delivery of the goods”.
9.2. HIDDEN DEFECT WARRANTY
France’s Civil Code provides as follows concerning the warranty against hidden defects:
Article 1641: “The seller is bound by a warranty against hidden defects affecting the thing sold that make it unfit for its purpose or that diminish its usefulness to such an extent that the buyer would not have bought it, or would have offered a lower price for it, had he known about them.”
Article 1648: “Any claims for actionable defects must be brought by the purchaser within two years following the discovery of the fault. In the case mentioned in article 1642-1, the action must be brought within a year following the date on which the seller can be relieved from liability for visible defects or non-compliance of the goods, failing which this right shall be forfeited.”
9.3. ACTIVATION OF THE STATUTORY WARRANTIES
Under the statutory compliance warranty, the Vendor undertakes, at the Client’s discretion:
- Either to replace the Product with an identical Product depending on availability;
- Or to refund the price of the Product within thirty (30) days if it is not possible to replace the Product.
Under the statutory warranty against hidden defects, the Vendor undertakes, at the Client’s discretion, and after assessment of the defect:
- Either to refund the price of the Product within thirty (30) days,
- Or to refund part of the price of the Product within thirty (30) days if the Client decides to keep the Product.
9.4. EXCLUSION FROM THE WARRANTIES
Products that are modified, repaired or otherwise altered by the Client and Products that are damaged due to improper use shall not be covered by the statutory warranties.
Article 10 : LIABILITY IN RELATION TO THE SITE
The Vendor hereby disclaims liability for any inconvenience or damage arising from the Client’s use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures, force majeure events or any other circumstance beyond the Vendor’s control.
The Vendor shall not be liable for non-substantial mistakes
The Vendor shall not be liable if the customer service is unavailable due to events beyond the Vendor’s control, including in case of a technical failure, interruption of the telephone or internet networks, equipment failure etc.
Without prejudice to the other dispositions of these T&Cs and in particular section 9 on Statutory Warranties, the Vendor shall only be liable in case of a proven fault attributable to NARS and shall in any case limited to direct damages.
Article 11 : CAPACITY
Any Clients wishing to place an order for Products on the Site hereby declares that they are at least 16 years old (18 years old in Italy) and have the capacity to be bound by these T&Cs.
Article 12 : PRIVACY
Article 13 : FORCE MAJEURE
Neither Party shall be liable for the non-performance or improper performance of their obligations if this is due to an act of God or to the occurrence of an event constituting force majeure, as defined by case law. Whichever Party is affected by these events must inform the other Party as soon as possible and in any event within five (5) working days following the occurrence of the event in question. The Parties shall consult one another as soon as possible in order to work out what to do about the order throughout the duration of the force majeure.
Should the force majeure last for more than one (1) month, each Party shall be entitled to terminate the agreement by registered letter with acknowledgment of receipt sent to the other Party, and the Vendor will refund any moneys paid by the Client in connection with that order.
Article 14 : SEVERABILITY
Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.
Article 15 : LACK OF AN IMPLIED WAIVER
Should one of the Parties fail to demand the application of a clause of these T&Cs, whether temporarily or permanently, this shall not in any way constitute a waiver of the rights granted to that Party by that clause.
Article 16 : HEADINGS
In case of differences of interpretation between any of the titles of the articles and chapters and any of the actual terms of these T&Cs, the titles shall be deemed to be null and void.
Article 17 : MAKING CHANGES TO THESE T&CS
The Vendor shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced in advance on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.
Article 18 : INTEGRAL NATURE OF THIS AGREEMENT
These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire compact between the Parties.
Article 19 : LANGUAGE
These T&Cs of the Site are hereby drawn up in French and English. In case of discrepancy between the French version and the English version, the French version shall prevail.
A translation is available in Italian language.
The entire content of the Site is accessible in French and English.
Article 20 : APPLICABLE LAW – SETTLEMENT OF DISPUTES
These T&Cs and the orders placed by the Clients shall be governed by French law.
Any dispute which may arise related to their validity, interpretation, or execution and which has not been settled amicably by the parties shall be submitted to the Courts of Paris (France)
In accordance with articles L. 612-1 to L. 616-3 of France’s Consumer Code, any consumer has the right to resort to consumer mediation free of charge in a bid to amicably settle a dispute with a business.
For products delivered in France, in accordance with the provisions of the France’s Consumer Code relating to amicable settlement of disputes, LSPRS is member of the Service du Médiateur du e- commerce de la the FEVAD (Federation du e-commerce et de la vente à distance) which can be contacted as follows: 60 Rue La Boetie – 75008 Paris, France - http://www.mediateurfevad.fr. Once the written request is completed by the client towards LSPRS, the Service du Médiateur may be seised for any consumer dispute the settlement of which was unsuccessful. The procedure for bringing the matter to the mediator is available [HERE].
A Client may file a request for mediation on the European consumer disputes settlement platform, at the following address: