Company JP (hereinafter “The Company”), SAS with a capital of 10 000 euros, of which the registered office is situated 28 rue Ginoux 75015 Paris and registered with the Paris Chamber of Commerce and Industry under RCS 834 694 309
The current General Conditions are applicable to all orders related to products sold on internet website www.boutiquelibertie.com
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.
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.
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.
In accordance with the provisions of Article L121-21 of the French Consumer Code you benefit a withdrawal period of 14 days, starting from the receipt of your products, to exercise your retraction right.
Returns should be made in their original condition (original packaging, barcode, the product being still unworn, unwashed, and with the tags still attached to it; these conditions apply in the same way for all accessories). This is your responsibility. Any damage caused to the product may prevent the right of retraction.
The Client will inform the Company by email of his decision to retract by sending the withdrawal form (annexed hereto) before the expiration of the aforementioned delay, to firstname.lastname@example.org
For all orders sent to France our Return Procedure is simplified: a return request can be made on your Customer Account on our website, in order to obtain a return slip. Please note that a deduction of 3€ will be made from your final refund when using this return slip.
Return costs are at the expense of the client for orders placed outside of mainland France. Libertie does not take in charge any customs duties.
When the withdrawal right has been exercised, Libertie will proceed with the refund within a week following the receipt of the return parcel in our premises.
Personalised products are excluded from the right of retraction.
Returns are to be sent to the following address:
25 RUE GINOUX
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.
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 email@example.com
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.
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
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 firstname.lastname@example.org, we will come back to you as soon as possible.
Sample Retraction Form
(Complete and return the form along with the order number only if you wish to withdraw from the contract. We advise you to give us your order number precisely).
To the attention of SAS JP, 28 RUE GINOUX 75015 PARIS, FRANCE
I wish to notify my withdrawal of the contract in relation to the goods below: ……….
Bought on the..............(date of order) and/or received on......................(date of delivery)
Name of Customer:
Address of Customer
Signature of Customer (only in cases of notification by paper form)