Terms and Conditions

APPLICATION OF GENERAL CONDITIONS OF SALE 

These general conditions aim to define the terms of distance selling between L'HABIT FRANCAIS (the seller)  and its customer, from the order by the customer to the delivery of the product to the customer. They regulate all the steps necessary for placing the order and ensure the monitoring of this order between the contracting parties.

These conditions of sale govern the sale of products found on the site www.lhabitfrancais.com on the day the order is placed by the customer.

The fact that the customer completes and validates the order form appearing on the website www.lhabitfrancais.com constitutes full acceptance of the General Conditions of Sale of the company L'Habit Français.

L'Habit Français reserves the right to adapt and modify, at any time and without notice, the offers, prices and General Conditions of Sale. Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

ARTICLE I: SALE OF PRODUCTS

The Seller agrees to sell the Products to the Customer, and the Customer agrees to purchase the Products from the Seller, subject to the terms and conditions set out in these General Conditions.

The Products are offered for sale in mainland France.

ARTICLE 2: PRICE

The purchase price of each Product is indicated in euros including tax, excluding shipping costs (the “Purchase Price”).

The delivery price is the price to be paid for delivery of each Sale (the “Delivery Price”).

The total amount of the Sale is the final price in euros, all taxes included and delivery costs (the “Total Price”). It is indicated when validating the Order and in the Confirmation Email (as defined below).

ARTICLE 3: ORDER

The order is placed with the Seller by the Customer upon selection of one or more Products which, in accordance with the selection, the Customer places in his "basket" (the " Order ")

Any ordering (hereinafter the “Orders”) for Products appearing on the Website requires prior consultation of these general conditions (the “CGV”) and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these General Terms and Conditions does not require the handwritten signature of this document, to the extent that the Customer wishes to order the Products presented in the store of the Customer online. Site. The Customer declares to have the capacity to enter into this contract, that is to say, to be of legal age, eighteen (18) years old, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these General Terms and Conditions.

The Customer can access the summary of his basket at any time as long as the Order  is not definitively validated and can correct any errors in the elements entered.

The Order is only validated after the Customer has provided the information necessary for the proper execution of the Sale and paid the Total Price. This information may include: Customer name, billing address, email address, telephone number, delivery address and recipient telephone number.

The Client guarantees the accuracy of all this information. If all or part of the delivery addresses prove to be incorrect, thus forcing the Seller to return the orders to its warehouse, the Customer will bear the consequences and the Seller will be entitled to invoice the administrative and transport costs linked to the return of the Products. .

By validating the Order, the Customer expressly accepts these General Conditions of Sale, by checking the box “I have read and accept the general conditions of sale”.

ARTICLE 4: VALIDATION OF THE SALE

The Sale is made after payment of the Total Price validating the Order.

The Sale will be systematically confirmed by email (the “ Confirmation Email ”) to the address indicated by the Customer when placing the Order. This Confirmation Email will notably include an invoice in the name of the Customer, summarizing the identification characteristics of the Sale.

The Customer must ensure that the information contained in the Confirmation Email is complete and accurate and immediately inform the Seller of any error.

The Seller reserves the right to refuse a Sale from a Customer with whom there is a dispute relating to the execution or payment of a previous Sale or when the Customer has not complied with these General Conditions.

ARTICLE 5: PAYMENT

Online payment of the Order by credit card or PayPal.

The Customer then makes online payment for their order by providing their bank details (card numbers and expiry date) and making a final click.

If the bank in question refuses payment, the order is automatically canceled.

Any Order  confirmed by the Customer implies irrevocable acceptance of the Sale which can only be called into question in the cases exhaustively provided for in Article 8 (Right of termination).

The Products will be shipped once the Seller has received payment for the Order.

ARTICLE 6: AVAILABILITY OF THE PRODUCT

The Products are offered for purchase subject to availability.

In the event of a stock shortage after a Sale, the Seller will inform the Customer by email of the additional delay linked to new production, partial delivery or cancellation of the Sale.

Upon receipt of this information, the Customer may be reimbursed the price of the Product ordered and unavailable within thirty (30) days following his complaint.

In the event of a stock shortage, the Seller cannot be held responsible for the physical impossibility of honoring the Sale.

Products marked "out of stock" can no longer be purchased.

ARTICLE 7: DELIVERY

The Products are shipped once the Seller has received the Total Price of the Products.

The Products are delivered to the delivery address indicated when validating the Order.

The delivery time depends on the stock status, the date of shipment of the Products and the delivery time induced by the delivery method and the destination.

The Seller cannot be held responsible for the consequences due to a delivery delay not due to its fault or due to an act of force majeure.

Delivery costs may vary depending on the destination and must be fully borne by the Customer.

For all Products shipped outside the European Union, the Customer will be considered the importer of the Products, and customs duties or other local taxes or import duties or state taxes may be due.

 These costs and expenses will be the responsibility of the Customer and are their sole responsibility both in terms of declarations and payments to the competent authorities and organizations in their country.

The Seller is not responsible for any loss or damage suffered by the Customer due to an unavoidable delay in the delivery of an order. The Seller is not responsible for any damage caused to an order after a delivery has been made.

ARTICLE 8: RIGHT OF WITHDRAWAL

In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the Products to exercise his right of withdrawal from the Sale (excluding personalization ).

This right does not apply to Orders placed by companies but only to consumers according to the definition of French legislation.

To exercise his right of withdrawal, the Customer must inform the Seller within 14 (fourteen) days of receipt of the Products, by email to contact@lhabitfrancais.com according to the withdrawal form attached to these General Conditions, duly completed, or by a declaration clearly expressing its intention of withdrawal and including the identification of the Products concerned.

Returned Products must be shipped no later than 14 (fourteen) days after the Customer has given notice of their intention to withdraw. The Product must be returned in its original packaging, intact, with the labels still attached to the merchandise. Products returned without their original packaging or incomplete, damaged, damaged, soiled, repaired, modified by the Customer, or personalized are not taken back and will not be refunded.

The Seller will reimburse the Customer upon receipt of the returned Products for the full amount paid for their order, after deduction of any return costs, which remain the responsibility of the Customer.

Form attached*

ARTICLE 9: RISK AND TITLE

The Products remain the property of the Seller until full payment of the Total Price.

At the time of transfer of ownership, which takes place at the time of delivery of the Products provided that payment is in full, responsibility for the Product is transferred to the Customer.

The Customer will then hold absolute ownership, which is transferable without the need to obtain the Seller's consent.

The risk of loss or deterioration of the Product will be transferred to the Consumer at the time of delivery of the Product.

ARTICLE 10: INTELLECTUAL PROPERTY

The Products may contain graphic, visual and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyright, image rights, model rights or trademark rights, whose holders or owners are either the Seller or third parties.

To the extent possible, the Seller identifies the authors and/or holders of these intellectual property rights in the Product bibliography.

Under no circumstances can the failure to mention the owner or author be considered as making the intellectual property rights free for exploitation. The rights of use, representation and reproduction of the Products continue to be held by the Seller or by the holders of the specified rights.

Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more Intellectual Property Rights and on any medium whatsoever, partially or totally, cannot be carried out without prior written authorization. rights holders.

ARTICLE 11: LIABILITY AND GUARANTEES

All Products sold by the Seller have been manufactured with the greatest care. The Seller declines all responsibility for damage, in any form whatsoever, physical, material or immaterial, which may result from a malfunction or misuse of the items sold by the Seller and/or the materials or accessories which have been removed.

In accordance with articles L.217-7 et seq. of the Consumer Code, the Customer can benefit from the legal guarantee of conformity.

If the Products do not conform (for example if they do not correspond to the description given on the site or to your order), the Customer can contact the Seller's customer service by email who will inform them of the return procedures. The product must be returned in its original packaging. It must be accompanied by a copy of the corresponding invoice. Returns of Products that do not comply with the conditions described above cannot be taken into account.

The Seller will then return the Replacement Products to the Customer as soon as they become available. If the Seller is not able to replace the non-compliant products within thirty (30) days, he will offer the Customer the opportunity to choose another product for an equivalent amount or he may request a full refund of the non-compliant products. compliant or keep the non-compliant products and ask the Seller for a reduction of part of the price, which will be determined on a case-by-case basis. The Customer is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following delivery of the goods.

In the case of exercising the right of return and only in this case, the return and reshipping costs are the responsibility of the seller.

This legal guarantee of conformity applies independently of any commercial guarantee that may be taken out. The Customer has a period of two years from delivery of the Products to act.

The Seller only benefits from the guarantees listed in this clause to the extent that the products were purchased directly on the Site.

The Seller strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice. The content of the site has been developed with the greatest care. However, the Seller cannot exclude the possibility of an error or gaps in the information contained on this site.

The Seller declines all responsibility for the consequences of incorrect or incomplete information on the Site.

The Seller cannot be held responsible for any typing or printing error which could communicate an incorrect sales price. In this case, the Seller will adjust the price as soon as possible.

Actual color of Products may vary from colors displayed on computer monitors. The Seller cannot be held responsible for color variations due to the quality of computer screens. The Website may contain links that provide access to other websites and information operated and maintained by third parties. The Seller cannot be held responsible for problems with access or content of these sites.

In all cases, the Seller's liability cannot be incurred when the non-performance of its obligations is attributable either to the Customer, or to an unforeseeable and insurmountable action of a third party to the contract, or to a case of force majeure within the meaning of Article 15 (Force majeure).

Likewise, the Seller cannot be held liable for any disruptions or damages inherent to the use of the Internet network, in particular a disruption in service, an external intrusion or the presence of computer viruses.

ARTICLE 12: CUSTOMER SERVICES

For any questions or complaints regarding the Seller's Products or sales procedures, the Customer can contact customer service by email at contact@lhabitfrancais.com . The Seller will do its best to provide a prompt response.

ARTICLE 13: DATA PROTECTION

Seller may create and maintain computer and paper records, collect, store, control, use and transmit personally identifiable information obtained from Customer when purchasing the Products.

The Customer agrees that this personal data may be used for promotions linked to the Seller.

If Customer wants Seller to delete their information from Seller's files, Customer may request that we do so to the extent permitted by law.

If the Customer wishes to have more information regarding the Seller's privacy policy, he can visit the Seller's website, where the privacy policy is available or send an email to contact@lhabitfrancais.com for any information.

ARTICLE 14: CUSTOMER DECLARATIONS AND GUARANTEES

The Buyer represents and warrants that:

- it is in compliance with all laws and regulations in force;

- it is up to him to respect the legislation applicable to him (in particular his tax or customs obligations);

- he has the capacity and power (under the laws of his country of origin) to conclude and execute the transaction to which he will be a party;

- all information (including identity and address) is true and correct and undertakes to promptly inform the Seller of any changes.

ARTICLE 15: LEGAL GUARANTEES

7-1 Scope

The buyer must ensure the conformity of the products and report any non-conformity or apparent defect. Failing this, the products are deemed to be compliant and free from any apparent defect.

The products sold benefit, for the benefit of buyers who are consumers:

- the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code which allows the repair or replacement of the goods to be obtained within two years of delivery and free of charge. it does not comply with the contract, subject to the cost conditions provided for by article L. 211-9 of the Consumer Code. If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The consumer is exempt from providing proof of the existence of the lack of conformity during the twenty-four months following delivery of the goods;

- the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code under which the buyer can request, within two years from the discovery of a hidden defect, or the cancellation of the sale or a reduction in price.

Any shipping costs are the responsibility of the company SAS L'Habit Français in accordance with article L217-11 of the Consumer Code. In any event, the buyer refrains from intervening himself or involving a third party. Failing this, the company SAS L'Habit Français cannot be held liable.

The implementation of this warranty will in no case have the effect of extending the warranty period of the products.

7-2 Exclusion

This guarantee does not apply to damage which is not directly and exclusively attributable to the company SAS L'Habit Français and in particular in the event of apparent defects not reported under the aforementioned conditions, defects and deterioration caused by natural wear and tear, negligence, lack of maintenance, force majeure, fire, water damage, strike, abnormal use of the product or even modifications to the product not planned or specified by the company SAS L'Habit Français.

ARTICLE 16: MEDIATION APPLICABLE IN CONSUMER LAW

In accordance with articles L. 611-1 et seq. of the Consumer Code, the consumer buyer is informed of his right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and a professional. The contact details of the consumer mediator to which the company SAS L'HABIT FRANÇAIS reports are as follows:

CNPM CONSUMER MEDIATION

ARTICLE 17: FORCE MAJEURE

The Seller cannot be held responsible or considered to have committed a fault in the processing of the Customer's file, if any delay or non-performance results from a case of force majeure (such as war, strike (internal or at one of its service providers), lockout, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blocking of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative control body, etc.)

ARTICLE 18  : WAIVER

Seller's failure or delay in exercising any right, power or privilege shall not impair such right, power or privilege nor constitute a waiver of such right, power or privilege. this power or privilege, or prevent the exercise of any other right, power or privilege, in whole or in part. The rights and remedies provided in these terms and conditions are cumulative and do not exclude the rights and remedies provided by law.

ARTICLE 19: SEVERABILITY

If any provision of these Terms and Conditions is prohibited by law or found to be illegal, void or unenforceable by a court, it will, to the extent required, be severed from these Terms and Conditions and made ineffective to the extent possible without modifying the other provisions of these Terms and Conditions. these general conditions, and will in no way affect other circumstances or the validity or application of these General Conditions.

ARTICLE 20: INTERPRETATION

Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions. The singular includes the plural and vice versa.

Any expression introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as an illustration and shall not limit the meaning of the words preceding these terms.

References to any document or agreement shall be construed as references to the document or agreement in force for the time being and as amended, modified, supplemented, substituted or notified from time to time.

ARTICLE 21: APPLICABLE LAW AND JURISDICTION

Any contractual or non-contractual obligations arising from or in connection with these General Conditions and the Invoice will be governed by and construed in accordance with the law of the country in which the Seller is located. The exact location of the Seller is indicated on the Invoice.

All disputes arising out of or in connection with the Sale (including, but not limited to, the existence, validity, execution, termination and interpretation of these General Conditions and the Invoice and any obligation non-contractual arising from or in connection with the Sale) will be subject to the jurisdiction of the country where the Seller is located. The exact location of the Seller is indicated on the Invoice.

ARTICLE 22: RIGHT TO REGISTER ON THE LIST OF OPPOSITION TO TELEPHONE CALLING

As indicated in article L223-1 of the Consumer Code, a consumer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a list opposing telephone canvassing.

The buyer can register on the list opposing telephone canvassing on the site https://www.bloctel.gouv.fr

ANNEX: WITHDRAWAL FORM

- Declaration of withdrawal from the contract::

- The address: [Name], whose head office is [address], tel: [tel], e-mail: [email]:

- I/We declare (*) that I/we terminate (*) the contract for the purchase of this product (*)/provision of these services (*):

- Order date (*)/receipt date (*):

- First and last name of the consumer:

- Consumer address:

- Signature of the consumer (only if this form is sent in paper format):

- Date :