Sales and terms conditions

FOREWORD:

Company JP (hereinafter “The Company”), SAS with a capital of 10 000 euros, of which the registered office is situated 52 rue de la Croix Nivert 75015 Paris and registered with the Paris Chamber of Commerce and Industry under RCS 834 694 309

Email: boutiquelibertie@gmail.com

Updated: 14/2/19

PURPOSE:

The current General Conditions are applicable to all orders related to products sold on internet website www.boutiquelibertie.com

PRICE:

The prices of our products are shown in euros inclusive of all taxes (V.A.T and all other applicable taxes on the day of the order), except when otherwise indicated. The prices of products do not include the cost of postage and packaging.

All orders are payable in euros, regardless of the country from which the order is placed.

The Company reserves the right to modify its prices at any time; however, a product will be invoiced at the rate in force at the time of order, and providing that it is available.

The products belong to the Company up until payment of the price in full.

As soon as you have taken physical possession of the products ordered, the risks of loss or damage are transferred to you.

PLACING ORDERS:

All orders placed on the website www.boutiquelibertie.com assume full compliance with the current General Conditions. Any confirmation of order implies your full and entire compliance with the current General Conditions of Sale, without any exception nor reservation.

Confirmation of the order by the Client implies your signature and full acceptance of the operations effected.

All orders are definitive and may not be cancelled.

The Company reserves the right not to record a payment and not to confirm an order for whatever reason, and more particularly in case of supply problems, or in case of a difficulty with the order that has been placed.

GIFT CARDS

For all orders placed on our website using a Gift Card, the shipping fees remain applicable and binding on the customer.

TERMS OF PAYMENT

Validating your order implies an obligation for you to pay the full price indicated.

The payment of a purchase is performed by bankcard using the Secure Transactions System provided by the Crédit Agricole.

Your bank account is debited at the very moment in which you confirm your order.

Any customs duties are binding on the customer in full.

RETRACTION:

In accordance with the provisions of article L.121-21 of the French Consumer Code, you have 14 days from receipt of your products to exercise your right of withdrawal. Returns must be made in their original condition (packaging, bar code, unworn, unwashed product, labels still attached to the product, accessories). In this case, your responsibility is engaged. Any damage suffered by the product may be such as to defeat the right of withdrawal. The Buyer shall inform SAS JP of its decision to withdraw by sending, before the expiry of the aforementioned period, the withdrawal form (attached) by email to contact@boutiquelibertie.com. For orders shipped within France, our returns procedure is simplified: you can issue a returns form from your customer account, and a €4 fee will be deducted from your final refund. Our simplified returns procedure is only available once by order, any additional return must be made within 15 days following the date of receipt and will be fully in charge of the customer. The package must be sent to the return address indicated below. Return shipping costs are at the customer's expense for orders outside metropolitan France. Libertie does not cover any customs charges. If you exercise your right of withdrawal, JP will reimburse the sums paid within a few days of receipt of your package. The refund of an order paid with a gift card or a credit note will automatically be made as a credit note. Returns should be sent to the following address: Gemmalog - Libertie retour 1 rue de l'Artisanat 49130 Sainte Gemmes Sur Loire For returns outside the European Union, customs charges will be deducted from the sum of the returned items. Returns must be accompanied by the order number on plain paper. On receipt of the goods, the customer must immediately check the condition and conformity of the goods with the order. Any anomaly concerning the delivery, such as - Damaged parcel, - Missing products, - Damaged products, - Products not in conformity with the order Must be notified within 15 days of receipt of the order to Libertie's customer service department at contact@boutiquelibertie.com. After this period, no claim will be accepted by Libertie, the item being deemed to be in conformity. In order to make a return, the product must meet the following conditions: - The product must be new, with its original label and returned in its original packaging. - The product must not have been worn and/or washed, must not be damaged or stained, and must not have an undesirable odor. - In the case of underwear, the hygiene protection must not have been removed. Any damage to the product may invalidate the right of withdrawal. In the event of detection of fraudulent or abusive activity, including, but not limited to, excessive returns of orders, return of items worn or not corresponding to the original order, Libertie reserves the right not to refund the non-conforming return and to deactivate the customer account. If your account is deactivated and you wish to make a valid return, please send an e-mail to contact@boutiquelibertie.com. You will be responsible for the cost of returning the goods, and all returns will be processed normally upon receipt in our warehouse.

AVAILABILITY :

Our products may be purchased when they can be seen on the site www.boutiquelibertie.com and within the limit of available stocks.

If a product is unavailable after all, after you have placed your order, we will inform you by email. Your order will automatically be cancelled, and the amount spent for the order will be re credited to your bank account.

DELIVERY:

Products are delivered at the address provided when placing your order, within the timeframe indicated on the order confirmation page.

In case of a delay with the dispatch, an email will be sent to you to inform you of the eventual consequences of this delay on the shipping timeframe previously indicated.

If you notice that the package is damaged during collection, please refuse it or notify to the Drop Point in order to obtain a refund if one of the products has been damaged.

GUARANTEES AND LIMITATIONS OF RESPONSIBILITIES:

The responsibility of the Company in relation to all products bought on the website is strictly limited to the purchase price of the products.

The Company, in the process of online selling, only has an obligation of means and cannot be held liable for any damage resulting from the use of the internet network such as loss of data, intrusion, virus, break in service or any other unintended issues.

All of our products benefit from legal guarantees as long as they have been used normally and in an appropriate way, and as long as our Care Advice has been followed.

LEGAL GUARANTEE OF CONFORMITY:

In compliance with Article L217-4 of the French Consumer Code, the seller delivers goods that are in accordance with the contract and is liable for any lack of conformity that exists during the delivery. He is also liable for any lack of conformity resulting from packaging, assembly instructions or installation whilst in the seller’s charge or whilst under the responsibility of the seller.

In application of article L217-5 of the French Consumer Code, the products comply with the contract:

1- If they can be used in the usual way expected for such goods of their type, or:

  • If they are in accordance with the description given by the Seller and have the qualities presented to the Buyer by way of sample or model
  • If they have qualities that a Buyer can legitimately expect in accordance with the public declarations made by the Seller regarding the product, by the producer or his representative, primarily in advertising or labelling.

2- Or if they show characteristics agreed to between the parties or are used in a particular way requested by the Buyer and known to and accepted by the Seller.

LEGAL GUARANTEE AGAINST HIDDEN DEFECTS:

In compliance with Article 1641 of the French Civil Code the Seller holds a guarantee for hidden defects, if items are unfit for purpose or if the purpose is so diminished that the Buyer would not have bought or would have paid less, had he known.

In case of an action regarding lack of conformity:

  • The action resulting from the default in compliance may be introduced within two years from the date of delivery of the goods (Article L217-12 of the French Consumer Code)
  • In case of a default in compliance, the Buyer chooses between repair and replacement of the goods. However, the Seller can decide not to proceed with the Buyers choice if this choice involves a cost that is evidently disproportionate to the other method, in view of the value of the good or the importance of the default. He must then proceed, except when impossible, in accordance with the method not chosen by the buyer (Article L217-9 of the French Consumer code)
  • Defaults in compliance which appear within 24 hours following the delivery of the goods are assumed to have existed at the time of the delivery, except when there is proof to the contrary (Article L217-7 of the French Consumer Code)

The legal guarantee of compliance applies independently from the commercial guarantee provided by the Company in article 8 of the current Sales and Terms Conditions.

In case of implementation of the legal guarantee against hidden defects:

  • The Buyer may choose to return the item and have the price refunded or to keep the item and have part of the price be refunded, to be decided by experts (Article 1644 of the French Civil Code)
  • The action resulting from hidden defects must be initiated by the Buyer within 2 years of discovering the defect (Article 1648 paragraph 1 of the French Civil Code)

In order to initiate these guarantees the product must be returned in its original packaging, in its original state, new, unworn, unwashed, with the references of the initial order and a copy of the complaint to the registered office of the Company, after explaining by email the reason for the return of the product, to contact@boutiquelibertie.com

INTELLECTUAL PROPERTY:

All the contents of the website www.boutiquelibertie.com are and will remain the intellectual property of the Company exclusively. No one is authorised to reproduce, exploit, recirculate or use for any purpose, even partially, the contents of the website, be they software, visuals or sound. Any use of our links or hypertext is strictly prohibited without the written permission of the Company.

PERSONAL DATA:

As an online merchant we collect a certain amount of necessary information for the processing of orders.

We commit to treat with the highest degree of confidentiality all of this information. In accordance with the French law “Informatique et Liberté” of 6 January 1978, you have a right of access, rectification, modification and suppression in relation to data that concerns you.

You can exercise this right by writing to the following address or by email:

Address : LIBERTIE 28 rue Ginoux 75015 PARIS

Email: contact@boutiquelibertie.com

You can modify your personal details in your Customer Account using your email and password.

APPLICABLE LAW – COMPETENT JURISDICTIONS – MEDIATION

The current Sales and Terms Conditions and the contractual relations between the Company and the Buyer are subject to French law.

Any dispute relating to the interpretation, execution or termination of the current General Conditions of Sale and/or the contractual relations between the Company and the Buyer, are subject to the sole competence to the French courts notwithstanding multiple defendants and/or calling on the guarantee, even for urgent proceedings or conservatoire proceedings, referred or by request. The court of competent jurisdiction in case of a dispute will be that of the place of domicile of the defendant.

The Buyer is informed of the possibility of recourse, in the case of dispute resulting from purchase online to a Conventional Mediation Procedure, if a dispute cannot be settled following a preliminary complaint directly made to the Company.

The company adheres to and benefits from the mediation service from AME Mediation de la Consommation AME, 11 Place Dauphine, 75001 Paris www.mediationconso-ame.com. If the complaint arises from a purchase made online nationally or cross-jurisdictionally, the client may also have access to the platform for amicable solutions as per European Commission for consumer complaints about online purchases https://ec.europa.eu/consumers/odr/.

AFTER SALES SERVICE:

Please send us an email at contact@boutiquelibertie.com, we will come back to you as soon as possible.