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 : RETURN POLICY
- Article 9 : LIABILITY IN RELATION TO THE SITE
- Article 10 : CAPACITY
- Article 11 : PRIVACY
- Article 12 : SEVERABILITY
- Article 13 : LACK OF AN IMPLIED WAIVER
- Article 14 : HEADINGS
- Article 15 : MAKING CHANGES TO THESE T&CS
- Article 16 : INTEGRAL NATURE OF THIS AGREEMENT
- Article 17 : LANGUAGE
- Article 18 : APPLICABLE LAW – SETTLEMENT OF DISPUTES
SERGE LUTENS Terms and Conditions
Applicable as from May 9, 2019.
These general terms and conditions of sale (the “T&Cs”) constitute a contract between (a) the company INSIGN US, LLC, a Limited Liability Company with registered office located in the State of Delaware, County of New Castle 1313 N Market Street, Suite 5100, Wilmington 19801, 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/us/ e-commerce 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.
Email: [email protected]
Phone: + 33 01 47 48 80 16
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.
The Client’s access to the Site is also governed by the HERE.
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 7 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 US dollars. 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.
Sales tax will be charged on orders being shipped to states that require this Sales tax. For orders shipping to all other states, sales tax will not be charged.
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 including taxes appear on the checkout page once the Client inserts the delivery address.
Should the Client use a bank card tied to an account denominated in a currency other than the US dollars, 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, have the legal capacity to be bound by these T&Cs and hold a payment method as defined in article 6.1 below.
Only customers with both U.S. billing and shipping addresses may purchase Serge Lutens products online.
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).
The Vendor does not allow exchanges through the Site. However, the Client may return its order for a refund and place a new one on the Site. For details on returning an order, please refer to the Return policy section. For more information, please contact us.
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 email at [email protected], or by phone at: + 33 01 47 48 80 16.
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 by sending an e-mail to [email protected], stating all the information needed for the procedure, and in particular their contact details and the order number, or by telephone at + 33 01 47 48 80 16 through our call back service. A Serge Lutens agent will get in touch with you at a time of your convenience (Monday to Friday from 8am to 2pm (east coast) and from 8am to 11pm (west coast time) or by clicking HERE.
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.
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 US dollars and by bank card only (Visa, MasterCard, American Express) or PayPal. Any other method of payment shall not be accepted.
We will charge your credit or debit card once you submit your order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Credit or debit card orders shipped to a location other than your billing address may require additional verification.
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 US dollars, 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 United States of America, excluding Porto Rico and Virgin Islands.
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 (for any package weighing less than or equal to 1 kg):
1–5 business days within the contiguous U.S
|Pennsylvannia, New York, New Jersey, Delaware||Massachussetts, Maryland, DC, New York, Vermont, New Hampshire||Maine, Michigan, Ohio, West Virginia, North Carolina, South Carolina, Kentucky||Wisconsin, Indiana, Tennesse, Georgia, Alabama, Florida, Mississippi, Illinois, Missouri, Arkansas, Iowa, Minnesota||North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas|
|New Mexico, Colorado, Wyoming, Montana|
*Delays for engraving and delivery are 10-15 working days.
Delivery is free for orders for $160 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 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.
If the order is not delivered within the time period indicated above, , 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 telephone at + 33 01 47 48 80 16 through our call back service. A Serge Lutens agent will get in touch with you at a time of your convenience (Monday to Friday from 8am to 2pm (east coast) and from 8am to 11pm (west coast time), or by sending an e-mail to [email protected] 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, the Client may cancel his/her order by calling the Customer Service on + 33 01 47 48 80 16 through our call back service. A Serge Lutens agent will get in touch with you at a time of your convenience (Monday to Friday from 8am to 2pm (east coast) and from 8am to 11pm (west coast time) or by clicking HERE.
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.
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 [email protected] without undue delay.
Article 8 : RETURN POLICY
8.1 COST OF RETURNING THE PRODUCTS
I 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).
8.2 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 01 47 48 80 16 in France or +33 1 47 48 80 161 from abroad (Monday to Friday, from 10am to 1pm and from 2pm to 6pm Paris time) or by clicking HERE.
- 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, 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: Stellae International Inc. (“SII”) a Delaware Corporation, with its principal place of business at 50 Marcus Drive Melville, NY 11747.
You can also contact our customer service by phone on + 33 01 47 48 80 16 (Monday to Friday from 8am to 2pm (east coast) and from 8am to 11pm (west coast 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 : LIABILITY IN RELATION TO THE SITE
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Article 10 : CAPACITY
Any Clients wishing to place an order for Products on the Site hereby declares that they are at least 16 years old and have the capacity to be bound by these T&Cs.
Article 11 : PRIVACY
Article 12 : 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 13 : 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 14 : 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 15 : 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 16 : 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 17 : LANGUAGE
These T&Cs of the Site are hereby drawn up in English.
The entire content of the Site is accessible in English.
Article 18 : APPLICABLE LAW – SETTLEMENT OF DISPUTES
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
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].