General terms and conditions of sale
February 1, 2013, On June 1, 2010, Governed by Article L441-6 of the Commercial Code and in accordance with Article L111-1 of the Consumer Code.
Article 1 : APPLICATIONS OF CONDITIONS
The Loulou Studio Company is the operating company and publisher of the website www.louloustudio.fr/shop dedicated to the e-commerce of women's ready-to-wear items. The Seller is defined below as the SAS MILA ELI, with a share capital of €60,000, registered with the trade and companies register of PARIS under number 812 585 461 00013, and which headquarters is located at 10, rue de Cléry, 75002 Paris, France, and represented by Mr Bensoussan Ugo in his capacity as chairman - Telephone: 01 44 88 25 50 - VAT number: FR22 812585461. The Buyer is defined below as any natural or legal person, company, undertaking, association, or individual using the site Loulou Studio, signing and accepting these general terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by Loulou Studio both for its own account and for that of its principals. All other conditions are binding on the Seller only after written confirmation from him. The information given on the site Loulou Studio for catalogs, photographs, prices, notes, etc. are given for information only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these general terms and conditions of sale. These general terms and conditions of sale may be modified at any time and without notice by Loulou Studio, the changes then being applicable to all subsequent orders. Loulou Studio may need to modify punctually certain provisions of its general terms and conditions of sale, so we imperatively advise the Buyer to re-read them before each order confirmation. The Buyer acknowledges that he is fully aware that his agreement regarding the content of these general terms and conditions of sale does not require the handwritten or electronic signature of this document, when the Buyer wishes to order the products offered online from the Loulou Studio store website. The Buyer is deemed to accept without reservation all the provisions of these general terms and conditions of sale.
Article 2 : ORDERS
Offers are valid as long as supplies are available. French and English are the only languages proposed for the conclusion of the order. We take the utmost care in putting information and essential characteristics on the products, thanks, in particular, to the technical descriptions and the photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors. 2-1: DESCRIPTION OF THE PRODUCTS The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its peculiarities. The photographs illustrating, in support of the text, the products do not enter the contractual field. Loulou Studio shall not be held liable for any errors they may contain. The detailed product sheet is the only contractual source. Loulou Studio can change without notice the technical composition of the products. Loulou Studio shall be entitled, at any time, to update and improve its data sheets, or to withdraw from sale its products and/or peripheral products. 2-2: AVAILABILITY OF PRODUCTS In the event of unavailability of a product ordered, Loulou Studio can provide a product of equivalent quality and price. our offers are valid subject to availability. We undertake to inform you by e-mail within a period of eight days and to indicate a waiting period for a reception of this product in case of availability after placing your order. In case of partial unavailability of products, Loulou Studio may have to split the order. Thus, the products available can be sent when all other products are available. In case of unavailability of a product ordered, the Buyer will be informed as soon as possible and will have the opportunity to cancel the order. The Purchaser will then have the choice to request the refund of the sums paid within a period of 30 days at the latest from payment thereof, by cheque, or to wait for the availability and delivery of the products. 2-3: STEPS TO CONCLUDE THE ORDER When placing the first order on Loulou Studio, all new Purchasers will have to create a "customer account". The Purchaser will be asked to create a password and to mention his email address, first name, last name, date of birth and delivery address. At the time of each validation of order, you will be directed to your account through a secure connection reminding the content of your order. Your order will be definitively recorded only after providing some important information and confirming the final validation. When you register the order by selecting a settlement method, the sale is deemed concluded. The validation of the order by the Buyer constitutes an electronic signature, between the parties, which is valid as a handwritten signature. Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technology and relating to the electronic signature, Article 1316-1 of the Civil Code, relating to the electronic signature. Loulou Studio reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over the payment of a previous order. 2-4: CANCELLATION OF THE ORDER The order placed on our Loulou Studio website is automatically canceled if the payment is not received within 8 days. As soon as the Buyer has validated his order, he is considered as having accepted, without restrictions or reservations, these general terms and conditions of sale. The order of the Buyer must be confirmed by Loulou Studio by means of an e-mail. The sale will only be considered final after the sending of this e-mail confirmation and payment of the total amount. Loulou Studio recommends that the Buyer keeps this information on any paper or electronic document. The prices listed on the Loulou Studio website are indicated in Euro (€) and in Dollars ($), excluding delivery costs that will be indicated before the validation of the order. Prices listed on your order after validation and registration are firm and final. If prices fall after your order, we will not be able to compensate you for the difference. If prices increase, we are committed to deliver the price set the day of the order. The prices are exclusive of VAT. The VAT is not applicable, in accordance with article 293 B modified by the Law n ° 2009-1674 of December 30th, 2009 - art. 18 (V) of the General Tax Code. Payment of the full price must be made when ordering. At no time could paid amounts be regarded as down payments or instalments. The receipt of the total amount of the order will be made at the time of validation of the order or in case of payment by cheque or bank transfer, upon receipt.
Article 3 : DELIVERY
The products are delivered to the address indicated by the Buyer when commanding. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days and are to be considered once the order has been validated. A delivery delay cannot in any case give right to any compensation or penalty whatsoever. We invite you to notify us of any delay of delivery of more than seven days to enable us to investigate with the carrier. The investigation times may vary from one to three weeks, depending on the carrier. If during the period of investigation, the package is found, it will be forwarded immediately to your address of delivery. During this investigation period, no refund or replacement of goods will be made. By express agreement, Loulou Studio cannot be blamed for any case of force majeure preventing the delivery. Are considered as force majeure or exceptional events in accordance with the law of LOCK-OUT: strike, total or partial work stoppage at Loulou Studio or its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, etc. the Seller is released from all liability on delivery. The seller will keep the Buyer informed of any of the above-mentioned case or event. In all cases, delivery within the deadlines can occur only if the buyer is up-to-date with his obligations to the seller.
Article 4 : TRANSPORT
Unless expressly agreed otherwise, Loulou Studio freely chooses the carrier. Loulou Studio bears the risks related to the transport until the delivery, that is to say until the physical delivery of the goods to the Buyer's address indicated when ordering or to his representative who accepts them, provided that the Buyer checks the goods at the reception in the presence of the carrier and, if necessary, writes on the voucher or consignment note, the reservations observed according to the procedure below. By exception, the risks and perils of transport, including loss, damage or theft, are the responsibility of the Buyer if the latter is a professional. You must refuse delivery if the package or the goods are damaged, missing or if the package has been opened or repacked. In the event of loss or damage, you must make precise and detailed written reservations on the transport voucher or consignment note of the carrier in his presence or in the presence of his employee ( the notes such as "subject to unpacking control" have no value). You must then send the carrier a registered letter with acknowledgment of receipt with reservations within three days of delivery. In order to help you in these steps, we invite you to contact us via the "Contact" page of the website www.louloustudio.fr/shop. The goods accepted without reservation by the Buyer at the time of delivery and/or in the absence of an e-mail addressed to the carrier within three days, is deemed to have arrived in good condition and in its entirety. No claim can be taken in charge by Loulou Studio, which cannot be held responsible for it. For any question or difficulty you may encounter, we invite you to contact us via the "Contact" page of our site.
Article 5 : WITHDRAWAL OPTION, RESERVED FOR INDIVIDUALS
Under the conditions provided for by Article L121-20 and following, amended by Law No. 2005-841 of July 26, 2005 - art. 3 JORF 27 July 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of seven days. The period mentioned in the preceding paragraph runs from the receipt of goods or acceptance of the offer for services." When the period of fourteen days falls on a Saturday, Sunday or a holiday or public holiday, it is extended to the next business day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained free of charge, via the "Contact" page of our site. The return of goods is at the expense and risk of the Buyer. However, it should be noted that the right of withdrawal cannot be exercised in any case for the products defined in the context of the application of the Article L121-20-2 modified by the interim order No. 2005- 648 of June 6, 2005 - art. 1 JORF June 7, 2005 in force December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of the expenses of return, as indicated above. In the event of the exercise of the right of withdrawal, the Buyer has the choice to request either the refund of the sums paid, or the exchange of the products. In the case of an exchange, the return will be at the expense of the Buyer. In case of exercise of the right of withdrawal, Loulou Studio will make every effort to refund the Buyer within 15 days by cheque. No right of withdrawal may give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it cannot apply under any circumstances to a professional or a holder of a SIREN Number, in accordance with the law in force.
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Article 6 : RETENTION OF TITLE
Pursuant to the Law No. 80-335 of May 12, 1980 relating to the effects of the clauses of retention of title in the contracts of sale, the goods which will be delivered and invoiced to the Buyer will remain the property of Loulou Studio until full payment of their price. Failure to pay may result in the claim of the goods by Loulou Studio, the return being immediate and the goods delivered at the expense, risks and perils of the Buyer. During the period from delivery to the transfer of property, the risk of loss, theft or destruction, as well as the damage that the Buyer could cause remain at his expense. The Buyer undertakes, in the event of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the goods in his stocks, and of which the Seller claims ownership. Otherwise, the Seller will have the option to have the inventory recorded by bailiff at the expense of the Buyer. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in case of late payment. If the goods are sold in the meantime, it is up to the Buyer to assign the receivable to us and if regulations on these claims are made, they must be forwarded to us. To guarantee the payments not yet made and in particular the balance of the account of the Buyer in the writings of the salesman, it is expressly stipulated that the right relative to the goods delivered but unpaid will refer to the identical goods coming from the Seller in stock at the Buyer, without the need to impute payments on a specific sale or delivery.
Article 7 : CANCELLATION CLAUSE
In case of non-compliance with one of the obligations of the Buyer by the latter, the sale may be terminated automatically and the goods returned to the Seller at his discretion, without prejudice to any damage and any interest that the seller may have in respect of the Buyer, within 48 hours after the formal notice has remained ineffective. In this case, the Seller is entitled to claim from the Buyer a fixed compensation of 10% of the amount of the sale.
Article 8 : PAYMENT
Any payment paid to Loulou Studio cannot be considered as a deposit or advance. 8.1: PAYMENT METHODS Payments must be made in such a way that the Seller can dispose of the sums on the due date shown on the invoice. The payment is made, except specific stipulations on the site Loulou Studio or granted to the companies after study of their file, to the order: - By Credit card (with a validity of at least one month for a cash payment and six months in the case of fractionated payments). The banking information is entered via a secure server to ensure the security and confidentiality of the information provided during the banking transaction. 8.2: LATE PAYMENT Any payment after the fixed payment date may give rise to additional invoicing or the payment of penalties. The amount of these penalties will be equivalent to the rate of legal interest applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points. For the year 2010, the legal interest rate being set at 0.65% (Decree No. 2010-127 of February 10, 2010 setting the legal interest rate for the year 2010), the calculation is the next: 0.65% + 10 = 10.65%. Penalties are due without any reminder notice being necessary. It runs automatically from the day following the date of payment on the invoice or, failing that, on the thirty-first day following the date of receipt of the goods or performance of the service. The legal interest rate will also be used with an increase of 5 points (that is 5.65% in 2010) for the interest due by a person convicted by a court decision that was not executed within a period of two months. The Purchaser may never, for any reason for a complaint formulated by him, withhold all or part of the sums owed by him, or make any compensation. When the Buyer is late for full or partial payment of a due date, the Seller can, by this fact alone and without the need for a prior notice, immediately suspend deliveries, without any delay. The Buyer may not claim damages from the Seller. In case of any litigation, the Seller is entitled to claim from the Buyer the reimbursement of costs of any kind related to the lawsuit. 8.3: SUPPORTING DOCUMENTS For reasons of limitations of fraud, Loulou Studio reserves the right to ask you to justify your identity and place of residence, and the means of payment used, to accept an order. In this case, the processing of your order will be made from the receipt of these documents. We reserve the right to cancel your order in the absence of receipt of such proof or receipt of evidence deemed non-compliant.
Article 9 : INTELLECTUAL PROPERTY
All content of the Loulou Studio, whether visual or sound, texts, layouts, illustrations, photographs, documents and other contents, including the underlying technology, are protected by law copyrights, trademarks and patents. They are the exclusive property of Loulou Studio. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of Loulou Studio. Any reproduction, even partial, of the content of the Loulou Studio web site without the written agreement of our part is prohibited, in accordance with the law No. 57-298 of March 11, 1957 on the literary and artistic property and Modified by the LAW No. 2009 -669 of June 12, 2009 - art. 22 of the Code of Intellectual Property. Except in the cases provided by Article L122-5 of the Code and constitute an infringement punishable by the Penal Code.
Article 10 : INFORMATION TECHNOLOGY AND LIBERTIES
The information requested from the Buyer is necessary for the processing of his order and may be used by Loulou Studio. You might receive commercial proposals. If you do not want to receive them, simply contact us via the "Contact" page of our site, to oppose such communication, or to exercise your rights with regard to your information in the Loulou Studio files. Pursuant to Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, Version consolidated on May 14, 2009, you have the right to object (Article 26), rights of access (Articles 34 to 38) and rights of rectification (Article 36) of your personal data. Thus, you may require your inaccurate, incomplete, equivocal and out of date data, in addition to the information which collection or use, disclosure or storage is prohibited, to be rectified, supplemented, clarified, updated or deleted. If you want to use this right, simply write to us on our "Contact" page of our site.
Article 11 : COMPUTER PROBLEMS
The buyer knows the characteristics of the Internet computer network and in particular the possibility of interruption of connection, server failures, electrical problems or others (the list is not exhaustive). Loulou Studio cannot be held responsible for the consequences of such events and will be released from any obligation to the Buyer. No claim may give entitlement to any compensation or penalty whatsoever
Article 12 : PARTIAL NON VALIDATION
If one or more stipulations of the present General Terms and Conditions are held invalid or are declared invalid in accordance to a law, a decree, or following a final competent court decision, all other stipulations stay fully valid.
Article 13 : APPLICABLE LAW
These general terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly rejected. The registers and computer files of Loulou Studio will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All different relating to the formation, execution and termination of contractual obligations between the parties that cannot result in a friendly settlement will be submitted to the French courts. The fact for Loulou Studio not to avail itself at a given moment of one of the clauses of these general terms and conditions of sale, cannot be worth denunciation to take advantage later of these same clauses.
Article 14 : ATTRIBUTIVE CLAUSE OF JURISDICTION
In case of litigation or dispute, whatever the nature or cause, only the high courts will be competent, even in cases of summary, activation of guarantee or plurality of defenders. Acceptances, drafts, warrants, conditions of carriage do not bring novations or derogation from this clause.