General Terms and Conditions of Use and Sales

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General Terms & Conditions

General Terms & Conditions of Use and Sales
Applicable from 01/12/2013

ARTICLE 1. Legal

1.1 Publisher

You are currently connected to the website www.laboutique-paris.com, edited by Atelier de Louise, SAS, capital € 5000, RCS Paris : 503604761, registered office : 14 quai de la Mégisserie, 75001 Paris, phone : 01.40.26.40.28 email: info@laboutique-paris.com, no EU VAT : FR 10 503 604 761, publishing Director : Gaël BOUDON, Managing Editor : Pierre- Emmanuel CHALLE .

1.2 Hosting

The website is hosted by Web & Solutions, headquarters : Madrillet Technopole , 705 Avenue Isaac Newton, 76800 Saint Etienne du Rouvray, telephone : 02.35.78.11.90.

ARTICLE 2. DEFINITIONS

"Customer" means any person, natural or legal, private or public law, listed on the Site.

"laboutique-paris.com " Atelier de Louise, SAS, in its capacity as editor of the site.

"Internet User" means any person, natural or legal, private or public law, connecting to the Site.

"Product" : property sold by laboutique-paris.com on the Site, including objects of interior decoration, furniture and materials.

 "Site" website available at URL www.laboutique -paris.com and sub-sites, mirrors, portals and URL changes thereto.

ARTICLE 3. SCOPE

Navigation on the site implies acceptance by any Internet user of these terms.

When registering on the Website, such acceptance will be confirmed by ticking the box next to the following sentence: "I have read and accepted the general conditions of sale and use ." The Internet recognizes ipso facto to have read and understood and accept without restriction.

ARTICLE 4. OBLIGATIONS OF THE PARTIES

4.1 Objet du Site

The website is intended for the sale of Products to Customers.

4.2 Authorizations and Declarations of the Customer

In the event that the Client, after paying the price of the Product, wishes to store by laboutique-paris.com, it is solely responsible for authorizations and statements relating to the storage, use, resale, import and export of products.

The Client declares that it has the necessary rights and permissions for this purpose.

The absence of such declarations and authorizations shall in no way affect the validity of this contract.

The Customer warrants laboutique-paris.com against any action to be undertaken against him in default of such statements and authorizations.

When placing the order, the Customer warrants that it has full legal capacity to adhere to these terms and conclude this contract.

ARTICLE 5. PRICES - PAYMENT

 5.1 Prices

The applicable prices are those indicated on the Website on the date of the order. These prices can be changed at any time by laboutique-paris.com. The prices displayed are only valid on the day of the order and can not wear effect for the future.

The prices indicated on the website are heard in euros, AVT included, excluding shipping taxes and costs.

 5.2 Method of Payment

The Customer may make its payment by credit card, American Express or transfer order. The credit card payments are made via secure transactions provided by Ogone.

In the context of credit card payments , laboutique-paris.com has no access to any data on the payment by the Client. Payment is made directly into the hands of the bank.

 5.3 Billing

laboutique-paris.com will send to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

 5.4 Failure to Pay

The agreed payment dates can not be delayed under any pretext whatsoever.

Any amount not paid when due will result, ipso jure and without notice, to the application of penalties for late payment calculated on the basis of a rate equal to 3 times the legal interest rate, without this interfere with the penalty payment due in principal.

In addition, any delay in payment will result in the billing of the Customer failing recovery costs in the amount of 40 euros, and the immediate payment of all sums due.

 5.5 Reservation of Ownership

PRODUCTS SOLD ARE THE PROPERTY OF LABOUTIQUE-PARIS.COM UNTIL FULL PAYMENT OF THEIR PRICE UNDER THIS CLAUSE OF OWNERSHIP.

ARTICLE 6. COMPLAINT - WITHDRAWAL - WARRANTY

 6.1 Customer Service

Customer Service Website is available Monday to Saturday from 10h to 19h telephone number unsurcharged following : +33 (0)1.40.26.40.28, email to : info@laboutique-paris.com or by mail at the address indicated in section 1 of these terms. In these last two cases, laboutique-paris.com is committed to providing a response within 2 days.

 6.2 Rights of Withdrawal - Distance Selling

According to the law, the Customer, who has the quality of consumer, has a period of seven days to exercise his right of withdrawal without any reasons or incurring penalties, except, where applicable, the cost of return. The consumer may waive this deadline if it could not move and would need to call for an immediate and necessary living conditions delivery.

The short period of seven days starts from the receipt of the goods or the acceptance of the offer for services. When the seven-day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.

When the right of withdrawal is exercised, the trader shall reimburse the consumer the total amount paid as soon as possible and no later than thirty days after the date on which the right was exercised. In addition, the amount due is as of right, bear interest at the legal rate. This reimbursement shall be made by any means of payment. On the proposal of professional consumer who has exercised his right of withdrawal may however opt for another method of reimbursement.

 6.3 Termination of the contract on the initiative of the Client

Client consumer may cancel the contract by registered letter with acknowledgment of receipt in case of exceeding the date of delivery of the goods exceeding seven days. Customer will be refunded the amounts incurred by him in the order .

This clause is not intended to apply if the delay is due to force majeure. In such cases, the Customer agrees not to exercise prosecutorial against laboutique-paris.com and waives the cancellation of the sale under this section .

 6.4 Guarantees

 6.4.1 Liability for Defects and Defect Apparent

It belongs to the Customer to check the condition of the products at the time of delivery. This audit should focus on the quality, quantity and references products and their compliance with the order. In any event, any claim for packages delivered will be taken into account if the Customer has the status of merchant issued to the carrier in accordance with Articles L. 133-3 and according to the Commercial Code.

 6.4.2 Liability for Defects and Hidden Defects

Clients have a legal guarantee of conformity (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Article 1604 et seq. Civil Code) and a security guarantee (Article 1386-1 and seq. civil Code) .

Customers with quality consumers have also a legal guarantee of conformity (Article L. 211-1 et seq. Consumer Code ) .

 6.4.3 Return

To implement the warranty, the Customer must first contact the customer service to announce the return before any redirection of product, indicating the Product concerned. A written confirmation will be required to the Customer by e-mail, by fax or by mail.

Once written confirmation is received by laboutique-paris.com, it will tell the client the return process and the documents to be attached to the package to allow traceability and thereby ensure a good return.

It is then up to the Customer to return the Product to the address of the headquarters laboutique-paris.com, accompanied by an explanatory letter requesting either repair or exchange or refund.

Had regard to the unique nature of some products, laboutique-paris.com proceed in this case refund the product within 30 days.

In the event of withdrawal from the entire control, participation in shipping on the original shipment is returned to the Customer. In the case of a partial cancellation, no refund of participation in shipping can be claimed, this participation being fixed for the entire order .

Notwithstanding the provisions of Article 9.4 below, the return of large products can only be achieved on rendezvous with the carrier and laboutique-paris.com .

ARTICLE 7. PERSONAL ACCOUNT

 7.1 Content of Account

Personal space allows the Customer to view and track all orders placed on the website.

laboutique-paris.com agrees to keep securely all contractual elements whose conservation is required by law or regulations.

 7.2 Suppression of Account

laboutique-paris.com reserves the right to delete the account of any customer who violates these terms and conditions, especially when the Client provides inaccurate, incomplete, misleading or fraudulent information, and when the personal space of a Client will been inactive for at least one year. Said removal is not likely to pose a challenge laboutique-paris.com or damage to the excluded Client, which shall not be entitled to any compensation as a result.

ARTICLE 8.  CONCLUSION OF CONTRACT AND DELIVERY

 8.1 Shipping

Delivery fees given to the Customer concern only deliveries in France, including Corsica. Concerning any other place of delivery, it belongs to the client to contact the customer service. International destinations can lead to a specific quotation.

Shipping fees listed on the site agreed in Euros, all taxes included.

 8.2 Delivery

Orders are delivered within 10 working days for France from the receipt of the full payment. Delivery time can vary for each international destination. It will be indicated with the quotation.

Certain products or order volumes may justify a delivery time of more than 10 days. It will be expressly stated in the Customer's attention during the validation of the order.

 8.3 Damaged Parcel

If delivery of a package clearly and visibly damaged occurs, it is the Customer to refuse to enjoy the security offered by the carrier. The Client shall also inform the seller immediately so that a new package is prepared for him and shipped upon receipt of the damaged package back. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.

 8.4 Voluminous Products

The Client is solely responsible for the control of products. laboutique-paris.com can not be held responsible in the event that the product ordered by the customer would be too large for it to be delivered to the address indicated in the order.

ARTICLE 9. NEWSLETTER LABOUTIQUE-PARIS.COM

When the user checks the box provided for this purpose, he agrees to receive commercial offers from laboutique-paris.com for reasons similar to those presented on the website products and services. Web subscribers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose on each link newsletters.

ARTICLE 10. NEWSLETTERS PARTNERS

The Client has accepted the transfer of personal data (including email address) to third-party partners of the website.

The customer has at any time the right to unsubscribe or by clicking on the link provided for this purpose, either through direct contact with the issuer of said newsletters.

laboutique-paris.com in no way be held responsible for the content, data or forms of newsletters sent by the said partners. All claims must be made directly with the partner issuer newsletter .

ARTICLE 11. DATA AND FREEDOMS

11.1 CNIL - Responsible for Processing

File laboutique-paris.com containing the personal data of Internet users and customers has been declared to CNIL registered under No. 1725516. The controller is Atelier Louise SAS.

11.2 CNIL - Optional Right of Providing Data

Internet users have the option of providing free personal information about them. Providing personal information is not necessary for navigating the site.

11.3 Provision of Mandatory Data for Registration

However, registration on this site involves the collection by laboutique-paris.com of a number of personal information about Internet users. Internet users who do not wish to provide the information required for registration can not order on this website.

11.4 Respect for the Purpose of Collection of Personal Data

Personal data collected shall be processed by computer . The collected data are necessary for the proper administration of the Site, as well as comply with its contractual obligations. These data are stored by laboutique-paris.com in this unique quality. laboutique-paris.com undertakes not to use it in another context or to transmit them to third parties, without express consent of the Customer or as provided by law. The personal data collected are not subject to any transfer abroad.

11.5 Right of Access, Rectification and Opposition

Coordinates all Clients registered on this site are saved for a period of 1 year, reasonable time required for the proper administration of the Site and normal data usage. This data is kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the Data Protection Act of 6th January 1978.

According to the latter, Clients have the right to oppose, query, access and rectify the data they provided. For this, they need only make a request to laboutique-paris.com, by formulating the following email address: web@laboutique-paris.com, or by post to the registered address of laboutique-paris. com referred to in Article 1 of these terms and conditions.

ARTICLE 12. COOKIES AND IP ADDRESSES OF USERS

12.1 Cookies

12.1.1 Subject to the implantation of cookies

To allow all Internet optimal navigation on this Site and better functioning of the various interfaces and applications, laboutique-paris.com can proceed to the installation of a cookie on the computer station.

12.1.2 Purpose of cookies

Cookies are used to store information relating to navigation on the Site (date, page, hours), as well as any data entered by Internet users during their visit (search, login, email, password) . These cookies are meant to be kept on the computer station of the User for a variable period of up to six months and may be read and used by laboutique-paris.com during a subsequent visit of the User on this Site.

12.1.3 Faculty of Opposition of the User to the Implementation of Cookies

The User has the ability to block, modify the retention period, or delete these cookies via their browser interface (usually : tools or options / privacy or confidentiality ). In such a case, the navigation on this site may not be optimized. If systematic disabling cookies on the browser of the Internet prevents them from using certain Services, this malfunction can not in any way constitute damage for the Customer shall not be entitled to any compensation as a result.

12.1.4 Deleting Implanted Cookiers

Internet users also have the option to delete cookies implanted on their computer, by going to the menu of their browser for this purpose (usually tools or options / privacy or confidentiality ). Such action to lose the benefit provided by web cookies.

 12.2 IP Addresses

12.2.1 Definition and Collect of IP Addresses

The IP address is a series of numbers separated by dots for the unique identification of a computer on the Internet. Laboutique-paris.com reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be anonymously. The IP address of the web will be retained for the period required by law .

12.2.2 Communication of IP Addresses

laboutique-paris.com must disclose all personal data relating to an Internet user to the police legal requisition or any person by judicial decision. The IP address can be reconciled with the actual identity of the Internet in the event of disclosure of such information by an internet access provider.

ARTICLE 13. LIABILITY LABOUTIQUE-PARIS.COM

13.1 Nature Obligations of laboutique-paris.com

laboutique-paris.com is committed to providing care and diligence for the provision of quality products meets the requirements of these Terms & Conditions. laboutique-paris.com responds only to an obligation of means for the purpose of these services.

13.2 Force majeure - Fault of the Customer

laboutique-paris.com can not be liable in case of force majeure or fault of the Customer, as defined in this section :

13.2.1 Force majeure

Within the meaning of these terms will be considered as a case of force majeure opposable Customer impediment, limitation or disruption of service due to fire, epidemic, explosion, earthquake, fluctuation band bandwidth , failure due to ISP, failure of transmission networks , collapse facilities , illegal or fraudulent use of passwords , codes or references provided to Customer , hacking , a fault security due to the hosting of the Site or developers , flood, power failure , war , embargo , law , injunction , demand or requirement of any government , requisition , strike, boycott, or other circumstances beyond the reasonable control of laboutique-paris.com .

In such circumstances, laboutique-paris.com can be excused from performing its obligations within the limits of this impediment, that restriction or inconvenience.

13.2.2 Fault of the Customer

For the purposes of these Terms, will be considered a fault opposable Client latter misuse of the Service, fault, negligence, omission or failure on his part or that of its employees, non-compliance with advice given by laboutique-paris.com on the Site, any unauthorized disclosure or use of the password, codes and references of the Client and the erroneous information or lack of update such information in his personal space information. Will also be considered a fault of the Client implemented technical process, such as robots or automated queries whose implementation would violate the letter or spirit of these terms and conditions .

13.3 Hyperlinks

The hyperlinks on the Site may refer to other websites. Responsibility laboutique-paris.com can not be held if the content of these sites violates laws. Same responsibility laboutique-paris.com can not be held if the visit by the User, one of these sites, caused him harm.

13.4 Damages Payable by Laboutique-Paris.com

In the absence of contrary statutory or regulatory provisions, the responsibility laboutique-paris.com is limited to direct, personal and some suffered by the Customer arising from the failure in question. laboutique-paris.com shall in no event be liable for consequential damages such as, without limitation, loss of data, commercial loss, loss of orders, damage to brand image, business troubles and losses profits or clients. The same and to the same extent, the amount of damages borne by laboutique-paris.com may not in any event exceed the price of the product ordered.

Moreover, in the current state of the art rendering representations of products offered for sale on this Site, including in terms of colors or shapes can vary substantially from one computer workstation to another or differ the reality that the quality of the graphics and accessories of the screen or at the resolution of the display. These variations and differences may in no case be attributed to laboutique-paris.com which will in no way be held responsible therefore.

ARTICLE 14. INTELLECTUAL PROPERTY

14.1 Content of the Website

The content (text, images , diagrams, drawings , photographs, etc ... ), the structure and the software used to operate the Site and the Site are the exclusive property of laboutique-paris.com. Any representation or reproduction in whole or in part, translation, adaptation, arrangement made without the consent of laboutique-paris.com is a counterfeit.

Rights relating thereto are reserved for all countries and for the duration of intellectual property rights. Any use decision giving the aforementioned rights can not take place without the prior written consent of laboutique-paris.com .

laboutique-paris.com gives no other warranty of intellectual property on products than the ouster of his own act, to the exclusion of warranty against eviction due to third parties. In the event that an infringement action is brought against the Client, it will not call laboutique-paris.com warranty or recourse action.

14.2 Brand Products

The Customer may not modify or alter the Products or their packaging, except with the prior written consent of the laboutique-paris.com . The Customer may not alter or remove particular hallmarks of laboutique-paris.com affixed on products or their packaging.

ARTICLE 15. GENERAL PROVISIONS

15.1 Applicable Law - Litigation

These Terms and Conditions are subject to the application of French law and the courts of Paris .

All disputes which may arise in connection with the execution of these Terms and Conditions before any legal action will be submitted to a conciliation amicably between the parties.

15.2 Changes to these Terms

These terms and conditions may be modified at any time by laboutique-paris.com. The general conditions applicable to the Customer are those in effect on the date of the order or its connection to the Site, any new connection to the personal space carrying acceptance if any new terms and conditions.

15.3 Severability

If any provision of these Terms and Conditions had to be declared invalid by a court, such invalidity shall not entail the nullity of all other clauses, which continue to produce their effect.