LEGAL FORM: SASU with a capital of € 5,000
HEAD OFFICE: 23, rue Richelieu, 75001, Paris
TELEPHONE: 01 69 34 38 60 (price of a local call)
RCS NUMBER: 500 974 639
1. SELLER'S DESIGNATION
This site is accessible at the Internet address www.les-artists.fr
It is published by C AND N
SASU C&N with a capital of € 5,000 located at 23, rue Richelieu, 75001, Paris - RCS NUMBER 500 974 639
2. TERMS AND CONDITIONS OF SALE, HEREINAFTER REFERRED TO AS 'THE GTCS'.
2.1 PURPOSE OF THE GTCS :
The General Terms and Conditions of Sale are applicable exclusively to the online sale of LES (ART)ISTS products on its sole commercial site www.elevenparis.com. They are written in French and in the event of doubt as to the interpretation of any translation, only the original French version will be authentic. Together with the order form validated by the consumer, they constitute the contractual documents binding on the parties.
2.2 SCOPE OF THE GTCS
The GCS exclusively govern online sales contracts for the products of LES (ART)ISTS (hereafter, "the seller") to buyers with the status of consumers (hereafter, "the consumers"). Together with the order confirmation email, they constitute the only contractual document. Under no circumstances can they prevent the consumer from exercising their right of retraction.
2.3 AVAILABILITY AND ENFORCEABILITY OF THE GTCS
The General Terms and Conditions of Sale are available to consumers at www.les-artists.fr
The consumer acknowledges having accepted all the terms without any reservation by checking the box provided for this purpose before placing an order. The validation of the order by its confirmation is worth adhesion by the buyer to the terms in force on the day of the order. The conservation and reproduction of the terms are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 AMENDMENT OF THE GTCS
The seller reserves the right to modify the terms at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer. In case of modification of the terms, the applicable terms are those in force on the day of the order. A copy can be sent to him on request by the seller.
2.5 SEVERABILITY CLAUSE IN THE GTCS
The possible nullity of one of the clauses of the terms does not entail the nullity of the terms as a whole, only the clause being deemed unwritten losing its effect. The temporary or definitive inapplicability of one or more provisions of the terms by the seller shall not constitute a waiver by the seller of the other provisions of the terms, which shall continue to have effect, to its possible advantage.
The consumer who so wishes can obtain additional information on a product by formulating a request to the seller's consumer service. The products offered for sale on the site are each described with their essential characteristics, in accordance with Article L.111-1 of the Consumer Code. The consumer who places an order in the possible absence of information on a product is deemed to accept it in the actual state in which it will be delivered to him. Differences may exist, in particular but not exhaustively, as to the actual colour of the product, its apparent material, the finishes (closures, buttons, seams etc.). The consumer may not claim a slight modification to request a refund or exchange of a product. The information relating to the products is provided subject to typographical error.
The products comply with the requirements of the French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
4.1 SELLING PRICE
The selling prices are indicated for each of the products offered for sale on the site www.les-artists.fr, in euros, all taxes included, excluding delivery, transport and/or preparation costs. These possible additional costs are mentioned before the validation of order, and are invoiced in supplement. The total amount due by the consumer for his order is indicated on the order confirmation page.
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards. In the event of a change in the price of a product after an order has been placed by the consumer, the selling price of the product shall be that in force on the day the order is placed by the consumer.
Online sales offers are available to all consumers located in metropolitan France and Corsica or in one of the countries of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom). Delivery is possible worldwide, with special charges that may apply. Online sales offers are valid while stocks last (unless a specific delivery time is indicated). Acceptance of the offer by the consumer is made in accordance with the double-click procedure: the consumer clicks once to validate his basket, he is then invited to click a second time to validate the order summary presented to him. This second click then allows him to access the secure payment page.
6.1 STEPS FOR THE CONCLUSION OF THE ONLINE SALES CONTRACT :
To place an order, the consumer must fill his virtual basket with the items he wishes to order. To do so, he selects the desired product, indicates its size and colour if applicable, the desired quantity, and then he clicks on "add to cart" or "express purchase". The customer is then redirected to a summary page of his choices which allows him to check his order, and possibly to correct or modify it. Once his choice has been confirmed, he must click on the "validate the order" button. This second click constitutes full and unreserved acceptance of the GTCS and forms the contract. An email confirming the registration of the order is then sent to the consumer as soon as possible. It is the consumer's responsibility to provide accurate and precise information when placing an order. This information must be such as to enable the seller and the carrier to perform their obligations under the best conditions. This includes not only the consumer's contact email address, his full delivery address, his name, his first name, his phone number. The seller is released from any liability in case of error of seizure or partial or incomplete seizure on the part of the consumer, not taking into account the guarantees of latent defects or the commercial guarantee legally enjoyed by the consumer.
6.2 CHANGING THE ORDER
Any modification of the order by the consumer after its confirmation is subject to the acceptance of the seller and to the availability of the requested products. The request for modification can only be taken into account before the preparation of the order. The preparation time is generally 24 (twenty-four) hours, but it may be less and no guarantee can be given to the customer on this time. The seller is not obliged to take into account a late modification request (received after order preparation).
6.3 ORDER RELEASE
The seller reserves the right to refuse any order for legitimate reasons. As an example, an abnormally high quantity of articles taking into account the quality of buyer having the quality of consumer can justify on behalf of the salesman a refusal of order. The seller reserves the right to refuse any order from a consumer with whom there is a dispute (in progress, not covered by a definitive solution). In case of refusal, the consumer is fully reimbursed within a reasonable period of time, and in any case less than 30 (thirty) days.
6.4 UNAVAILABILITY OF ORDERED PRODUCTS
In case of unavailability of one or more products on an order, the seller shall inform the consumer within a reasonable period of time and offer him a product of equivalent quality and price. If the consumer wishes, he can be reimbursed or benefit from a credit note that can be used on the site.
The sales contract is formed when the consumer double-clicks to validate his order.
The contract may be terminated by the seller in the following cases: - Refusal of the consumer to take delivery of the ordered products, - Resolution Return to sender of the package due to the inaccuracy of the information provided, - Non-payment of the price (without prejudice to possible legal action against the consumer). In all the cases cited, other than the legal right of withdrawal, the amount of any deposits paid remains acquired by the seller by way of compensation.
As from the reception of the products, the consumer has a legal period of withdrawal of 14 (fourteen) days without having to justify himself. Only the direct costs of returning the goods will be borne by the customer, any shipping costs paid when ordering will be refunded (except for additional costs related to the choice of a delivery method other than the standard delivery method). The method of refund will be the same as the method of payment used for the initial transaction. To exercise this right, the consumer must send an email specifying his order number, the items concerned by the return, and the reasons for the return to customer service at the following email address: firstname.lastname@example.org. The consumer returns the products without undue delay to the seller :
C&N I LES (ART)ISTS
23 RUE RICHELIEU
75001 PARIS - FRANCE
The consumer shall be reimbursed within 14 (fourteen) days following the date of receipt of the products, provided that the products have arrived at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and the return slip. A return that shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer. The risks associated with the return of a product are borne by the consumer. It is his responsibility to take all necessary measures to secure his return (packaging, protection). In the case of a shipment delivered without a signature not received by the seller, it is the responsibility of the consumer to provide proof of receipt of the product. Without this proof no refund can be made. No refund will be made if the returned product has not arrived at the seller's premises. We therefore strongly recommend that all consumers who wish to make a return request should request registered delivery with a declaration of the value of the product and insurance, and delivery against signature. The proof of delivery is then constituted by the affixing of the stamp of the company LES (ART)ISTS on the recommendation form or by the signature of the person in charge of returns.
The price is payable in full after confirmation of the order. Payment is made on an independent secure platform. The banking information of the consumer is not accessible to the seller. They do not pass through any of its servers. Only trusted third parties responsible for encryption of the digital processing of this information to ensure a perfect security of the transaction and optimal protection of banking data. The provisions of article 1359 of the Civil Code are inapplicable to sales concluded at a distance. LES (ART)ISTS accepts CB, Visa, and Eurocard/Mastercard cards issued on bank accounts domiciled in the European Union. The consumer's credit card will be debited at the time of order confirmation. To this end, he guarantees that he is the holder of the bank card to be debited and that the name appearing on it is his own. The consumer will have to communicate the sixteen-digit number and the expiry date, appearing on the front of his bank card, as well as, if necessary, the numbers of the visual cryptogram appearing on the back.
The seller undertakes to deliver the products to its carrier within 10 (ten) working days after receipt of full payment of the order. This period is extended to 15 (fifteen) working days for the following periods: winter and summer sales, "flash" sales and private sales operations, end of year holidays. Delays in delivery may not give rise to the payment or claim of compensation to the seller in the event that such a delay is either attributable to the consumer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure. The products are delivered to the address indicated by the consumer on the order form. The consumer who accepts a product without making reservations to the carrier accepts it as is. He is then deprived of any possibility to make a claim regarding the delivery. In the event of deterioration or partial loss of the product, the consumer must imperatively formulate at the reception of the reserves on the delivery order of which a double is addressed to the professional salesman and, in the 3 (three) days following this reception, to notify these reserves to the conveyor by registered letter with request for acknowledgement of delivery. If the product does not conform to the order, the consumer must address a complaint to the professional seller in order to obtain the replacement of the product or possibly the cancellation of the sale.
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code. Under these guarantees, the seller undertakes, at the consumer's choice, to reimburse or exchange the defective products or those that do not correspond to the order. Any request made under these guarantees must be sent by registered letter with acknowledgement of receipt to the following address:
C&N I LES (ART)ISTS
23 RUE RICHELIEU
75001 PARIS - FRANCE
The products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by LES (ART)ISTS customer service. The consumer will be reimbursed for the return postage within thirty days of receipt of the product by the seller.
12.1 TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
The transfer of ownership of les (ART)ISTS products to the consumer will take place only after full payment of their price by the consumer. The transfer of risks to the consumer will take place on the other hand only at the delivery, that is to say at the time of delivery of products LES (ART)ISTS to the delivery address specified by the consumer.
12.2 DISCLAIMER OF LIABILITY
The responsibility of the seller cannot be engaged in case of non-performance or poor performance of the contract due either to the buyer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure. The proof of its obligation is carried out by the production of the statement of deposit of the parcels to the carrier, signed by the latter.
12.3 DEFECTIVE PRODUCT
In case of damage caused by a defective product, the consumer must seek the responsibility of the manufacturer identifiable from the information mentioned on the product packaging.
13. RESOLUTORY CLAUSE
The resolution of the order in the cases provided for in these GTCS will be pronounced by registered letter with acknowledgement of receipt and will be acquired by right without legal formality.
14. INTELLECTUAL PROPERTY
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark and patent law. All the texts and images presented on the seller's online sales site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden. This includes the present general terms and conditions of sale. Any reproduction and any distribution of these elements, without prior written authorization of the publisher, exposes the offenders to legal proceedings for counterfeiting.
15. RULES OF DISPUTES, CLAUSE OF PRE-CONCILIATION PREVIOUSLY MANDATORY - ALL COMPLAINTS MUST BE ADDRESSED TO THE CONSUMER SERVICE:
C&N I LES (ART)ISTS
23 RUE RICHELIEU
75001 PARIS - FRANCE
In the event of a dispute between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller in order to settle the dispute, without the intervention of a third person or legal entity.
16. TERRITORIAL JURISDICTION
For any dispute relating to an order placed on the online sales site www.les-artists.fr or for any dispute relating to these Terms and Conditions of Sale, the competent court will be at the choice of: - that of the place of residence of the defendant, - that of the place of delivery of the thing or the performance of the service, or - that of the place where the consumer resided at the time of the conclusion of the contract or the occurrence of the harmful event.
17. APPLICABLE LAW
The parties agree to use mediation to try to find an amicable solution to their dispute and to take legal action only if mediation fails. These GTCS are subject to French law.