The company Boudoir des Lubies (hereinafter the 'Company') creates, designs and markets worldwide luxury fashion accessory goods under the Boudoir des Lubies brand.
In order to better meet its customers' needs, the Company has established, in parallel to its stores and distribution network, a telephone- and Internet-based distance selling system for a selection of its goods.
These general terms and conditions of sale are applicable to all sales of goods bearing the Company's brands that take place remotely: (i) either by telephone, via the customer relations department established by the Company (hereinafter: 'Customer Relations Department'), (ii) or via the Company's website, specifically identified by its domain name: 'www.boudoirdeslubies.com' (hereinafter the 'Website'):
- by the placement of an order by customers who are private individuals acting in the capacity of a consumer (as defined under law and case-law);
- for the purpose of delivery to the same customers who are private individuals for their own benefit or to any third party of their choosing residing ordinarily in this territory and acting in the capacity of a consumer (as defined under law and case-law).
Any sale of goods bearing the Company's brands via the Customer Relations Department and/or Website is subject to these general terms and conditions of sale, and the customer accepts this. The terms and conditions are subject to changes and updates, and the applicable terms and conditions for the customer's order of a product shall be those in effect on the day of the order.
Boudoir des Lubies, a Limited Liability Company with capital of 42,758.00 euros, listed in the Paris Company and Trade Register under number 53436868300015 and with registered office at 3, Rue de Bérite, 75006 Paris, France; Telephone: 01.75.50.03.47; Fax: 01.42.84.39.15; E-mail address: firstname.lastname@example.org; VAT no. FR 59534368683.
3.1 Information (categories, names, definitions, reproduction of products, detailed descriptions: properties, characteristics and composition, etc.) regarding all products bearing the Company's brands and available for distance selling is available, in accordance with the applicable legal and regulatory requirements, from all Boudoir des Lubies stores, on the Website or via the Customer Relations Department, from Monday to Saturday between 10:00 and 19:00 (except public holidays), by telephone on 01.75.50.03.47 (+184.108.40.206.03.47) or by fax on 01.42.84.39.15 (+220.127.116.11.39.15 ).
While we strive to take the utmost care and ensure maximum accuracy of the information provided online, in product descriptions and of the information available from the Customer Relations Department or the Website or from Boudoir des Lubies stores and their regular updating, the Company shall not be held liable for any non-substantial errors that may occur. Similarly, although the photographs and other reproductions of products on the Website and at Boudoir des Lubies stores are faithful reproductions, as far as technically possible and in accordance with best industry standards, they may nonetheless contain non-substantial errors, and the customer recognises and accepts this. In any case, in the event that a delivered product fails to conform to its description, the Company undertakes to remedy this error, in accordance with articles 13 and 14 below.
3.2 More generally, the Company shall not be held liable:
- for any interruptions or delays on the part of the Customer Relations Department or Website due to the carrying out of maintenance work, technical faults, force majeure, due to a third party or any circumstances whatsoever beyond its control;
- for the inability of the customer or the Company to contact the Customer Relations Department and/or to access the Website for a time, due to events that are beyond its control, such as: computer failures, interruptions to the telephone network, Internet network, or faults in the equipment for receiving said Internet network, etc.
4.1 To place an order with the Customer Relations Department or on the Website, the customer must be over 18, with legal capacity and hold a debit/credit card as defined in article 9 below.
Orders shall be received in German, English, Spanish, French and Italian and shall be accepted subject to stock availability. Therefore, the customer shall be informed when placing their order, either via the Customer Relations Department, or on the information page of the Website describing each of the products:
- of the product's availability;
- or, if the product is temporarily unavailable, of the possibility of ordering for later delivery by a date specified on this occasion.
If, despite the Company's best efforts, the products ordered are no longer available, the Company shall inform the customer of this by any means (telephone call or e-mail) as soon as possible.
4.2 The customer undertakes to ensure that all information communicated to the Company via the Customer Relations Department or on the Website as part of the order complies with these general terms and conditions and is complete, accurate and up to date. Failing this, the Company reserves the right to cancel both the order and the payment outright.
As a reminder, upon placement of an order the Company collects the following personal data: identity, login and password chosen by the customer on the Website, e-mail address, telephone number, address of the customer's ordinary place of residence, delivery address and payment methods, etc. This data is necessary to process the order and may only be communicated to the Company's contractual partners involved in the processing of the order (in particular, those involved in the payment of orders, such as banks).
In accordance with the Data Protection Law of 6 January 1978, the customer has the right to access, modify, correct, block or remove personal data relating to him or her.
To exercise this right, they must simply write to: email@example.com or Boudoir des Lubies, Customer Relations Department, 3 Rue de Bérite, 75006 Paris.
4.3 In accordance with the provisions of article L. 122-1 of the Consumer Code, the Company shall be entitled, for retail sales, to refuse any abnormal order that exceeds the permitted number of items, namely: 5 items per order, including a maximum of 2 of the same item.
The Company shall also be entitled to refuse any order: (i) placed by a customer with whom there is an ongoing dispute regarding payment of a previous order; or (ii) that does not comply with these general terms and conditions of sale.
If the Company finds that the order does not meet these general terms and conditions of sale (for example: incorrect delivery address, exceeding order limits), it shall inform the customer either directly via the Website, or by telephone, or by e-mail. If the customer fails to assist the Company in correcting the information in their order that is erroneous or in breach of these general terms and conditions, the Company reserves the right to cancel both the order and the payment outright.
Telephone orders are placed with the Customer Relations Department which can be reached at 33 (0) 1.75.50.03.47 (price of a local call), from Monday to Saturday between 10:00 and 19:00 (except public holidays).
Once the debit from the customer's bank account has been authorised by their bank, the order shall be directly transferred to the Company's order processing department.
Any order placed in this way shall be binding on the customer.
The placement of orders on the Website is subject to strict compliance with the procedures described below, which take the shape of a series of different pages indicating the successive phases that the customer must pass through to validate their order.
6.1 First stage: selection of items by customer
On the Website, the customer selects, enters and confirms the nature and quantity of the items they wish to order (the availability of which shall be confirmed as applicable by the Company); these items are added to their 'Basket'.
6.2 Second stage: verification of selected items
While online, the customer may modify their 'Basket' consisting of the selected items, remove a previously selected item, modify the ordered quantities or add an item by clicking on the corresponding elements made available to them within the 'Basket'. Within the 'Basket', the price of the items, as defined in article 8 below, is displayed automatically.
6.3 Third stage: confirmation of selected articles and validation of the order
Once the customer has finished making their selection and wishes to confirm the contents of their 'Basket', they must identify themselves:
• if they have an account on the Website: via their e-mail address (login) and password;
• if they do not have an account on the Website, in particular: via their name, address of ordinary residence to which the order will be invoiced, and telephone number.
The customer must also confirm:
• the delivery address for the order - on the understanding that this address may correspond to the place of residence of a third-party recipient chosen by the customer, or failing this the address of the company at which the third-party recipient carries out their professional activity if this company is located within the same territory;
• the desired delivery method (express or standard), with express delivery charges being higher than standard delivery and paid for by the customer;
• and, finally, the desired payment method.
Once all this information has been entered and confirmed in the correct manner, the price of the items - as defined in article 8 below - and any delivery charges shall be displayed automatically.
After providing their bank card number, in accordance with article 9 below, the customer shall then click on the 'CONFIRM MY PAYMENT' button in order to debit their bank account.
An authorisation of the debit from their bank account, issued by the customer's bank, shall be displayed. The customer is advised to save and/or print out this debit authorisation. Once the debit from the customer's bank account has been authorised by their bank, their 'Basket' shall be directly transferred to the Company's order processing department, and the customer will then see their order number displayed.
This order is binding upon the customer once the Company has received the duly filled 'Basket', as confirmed by the order confirmation page being displayed.
6.4 Fourth stage: acknowledgement of receipt of the order by the Company
The company shall then confirm receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of article 1369-2 of the Civil Code, the customer formally accepts the use of e-mail for the Company's confirmation of the contents of their order.
This confirmation e-mail shall provide a summary of all the information provided by the customer, indicating, where applicable, any difficulties or reservations raised by the order (availability of ordered items, delivery times or selected payment method). It shall specify the order number assigned to the customer by the Company.
6.5 Fifth stage: dispatch of items
When dispatching the ordered items to the delivery address chosen by the customer, the Company shall send an e-mail to the customer informing them of this dispatch and the payment of the price, as set out in article 9 below.
Generally, it is expressly agreed between the Company and the customer that e-mails shall be binding between the parties, as shall the automatic recording systems used by the Customer Relations Department or on the Website, in particular concerning the nature or date of the order. Further, the Company shall retain the information relating to any order with an amount equal to or greater than one hundred and twenty (120) euros for a period of ten (10) years and make such information available to the customer via a simple request sent by the customer to: firstname.lastname@example.org or to Boudoir des Lubies. Customer Relations Department, 3 Rue de Bérite. 75006 Paris. However, for orders placed on the Website it is recommended that the customer also retain a copy (in electronic and/or paper format) of the information relating to their order (for example, the e-mail sent by the company in accordance with article 6.4 above).
The prices provided by the Customer Relations Department or displayed on the Website are given in Euros, inclusive of tax and excluding delivery fees.
The invoiced prices shall be those in effect on the date of the order.
The cost of any delivery charges: (i) shall be communicated to the customer by telephone by the Customer Relations Department; (ii) shall be displayed, as applicable, automatically on the Website when confirming the customer's chosen delivery method, as outlined in article 6.3 above, and will be communicated again to the customer when their order is confirmed by e-mail.
Upon delivery, the customer shall receive, for each item, written confirmation of the price paid and the delivery costs charged to the customer.
The customer's purchases shall be paid for by credit or debit card. Cards from the 'CB' network, Visa, Eurocard, Mastercard or American Express are accepted. Cards issued by banks registered outside France must be international credit or debit cards. The customer agrees to make the payment using a credit/debit card of which they are personally the holder, bearing an indication of their identity (surname and first name).
The customer shall provide their credit/debit card number and/or bank details to the Customer Relations Department by telephone. For online payment via the Website: the customer shall access a secured server using SSL (128 bit) mode, certified by a Certificate Authority. The customer must provide their credit/debit card number and/or bank details by filling out the payment form online.
The transaction shall then be carried out by the customer in accordance with banking security standards. Whether by telephone or on the Website, when communicating their credit/debit card number and/or bank details, the customer agrees in advance and unconditionally that the Company will carry out the secure transaction. The customer therefore authorises their bank in advance to debit their account based on the records or statements provided by the Company, even in the absence of any invoices signed by the card holder. The debit authorisation for the customer's account shall always be provided for the cost of the item(s) purchased.
The customer's credit/debit card shall then be debited once it has been verified that their order has been fulfilled in accordance with these general terms and conditions of sale and that the item(s) are available, and upon the Company's dispatch of the item(s). If for any reason (blocking, issuing centre refusal, etc.), the debiting of the amounts owed by the customer turns out to be impossible, the order shall not be taken by the Company and/or will be cancelled.
The items may only be delivered:
- either to the customer's ordinary place of residence;
- or to the delivery address provided by the customer at the time of their order, provided that this address must correspond to the ordinary place of residence of a third-party recipient chosen by the customer or, failing this, the address of the company where this third-party recipient carries out their professional activity if this company is located within the same territory; however, deliveries cannot be made to hotels or PO boxes.
The items shall be delivered, once payment for the order amount has been recorded, to the delivery address indicated by the customer. The customer therefore undertakes to have provided an accurate delivery address to the Company.
The ordered items shall be delivered:
- either on the date or within the period of time communicated to the customer by the Company, and no later than thirty (30) days after the date of the order;
- or within a period communicated to the customer in advance if the item is temporarily unavailable and the customer has consented to this: (i) when placing their order with the Customer Relations Department by telephone; (ii) when adding an item to their 'Basket' as well as prior to acceptance of their order.
The Company shall deliver the ordered items by standard or express delivery according to the choice made by the customer.
THE COMPANY RESERVES OWNERSHIP OF DELIVERED ITEMS UNTIL FULL PAYMENT OF THEIR PRICE, INCLUDING THE PRINCIPAL AND ANY INTEREST. PAYMENT IS COMPLETE UPON EFFECTIVE RECEIPT OF THE PRICE. IN THE EVENT OF COMPLETE OR PARTIAL NON-PAYMENT, THE COMPANY MAY RECLAIM WITHOUT NOTICE ANY ITEMS THAT HAVE BEEN DELIVERED BY THE COMPANY TO THE CUSTOMER.
The customer is granted a use licence for the Website, which remains the sole property of the Company. The Company has created and published the web pages, images, scripts and databases that form the Website. The customer therefore undertakes to refrain from distributing or reproducing the Website, in full or in part, in any form whatsoever. The Company's products, the Company's brands, and all trademarks whether figurative or non-figurative, and more generally all other brands, illustrations, images, drawings, models, and logos figuring on the Company's remotely sold products, or their accessories and packaging, regardless of whether they are registered, are and shall remain the sole property of the Company.
Any full or partial reproduction, downloading, modification or use of these brands, illustrations, images, logos, drawing and models for any reason and in any media, without the express prior written agreement of the Company, is strictly prohibited.
The same applies to any combination or amalgamation with any other brand, symbol, logo or, more generally, any distinctive sign intended to constitute a composite logo. Likewise, the following are strictly prohibited without the express written agreement of the Company:
- the creation of hypertext links to any of the pages or elements forming the Website;
- any usage of the Website in breach of this use licence, in particular the use of any of the elements forming it (products offered, descriptions, prices, data, software, graphics, images, text, photographs, tools etc.) for sale or any other direct or indirect commercial use.
In accordance with the provisions of articles L. 121-21 and following of the Consumer Code, the customer has a right of withdrawal that they may exercise:
- on the Website in the 'Return request' section: the Company shall acknowledge by e-mail receipt of the customer's withdrawal carried out in this way,
- by returning to the Company the withdrawal form that the Company sent to the Customer in the order confirmation e-mail (also accessible here), duly completed, or any other written declaration expressly referring to the withdrawal being made and addressed to: email@example.com or Boudoir des Lubies, Customer Relations Department, 3 Rue de Bérite, 75006 Paris, without having to give a reason, within fourteen (14) days of receiving the items.
It shall then be the responsibility of the customer to return the delivered items:
- either by following the various stages in the procedure proposed by the Company, described on the Website and under which the cost of returning the items is borne by the Company up to the limit of one return delivery of items per order.
- or by means of the customer's own choosing, and at their own expense. The customer is advised to retain all proof of this return, which assumes that the items are returned by the customer by registered mail, or by any other means enabling certain dating.
In any case, the customer must ensure that the delivered items are returned:
- within fourteen (14) days of exercising their right,
- in their original packaging (or, at the very least, in packaging enabling equivalent protection of the items during their return transport), in perfect condition so that they may be resold by the Company, unused and accompanied by all accessories and documents provided (notice, guarantee, certificate of authenticity, etc.) and a copy of the invoice included with the delivered items.
The invoiced price of the returned items will be reimbursed by crediting the customer's bank account, no later than fourteen (14) days after the Company's receipt of said items.
Returned items that are used, incomplete (in particular in the event of missing accessories), spoiled, damaged, degraded or soiled will not be reimbursed where this is attributable to the customer.
The customer must ensure that the items delivered correspond to their order. If any of the delivered articles do not correspond to their order, the customer is advised to:
- inform the Company as soon as possible, either via the Website in the 'Return request' section, or by telephoning the Customer Relations Department (on the number and during the hours indicated in article 3 above), or by sending an e-mail to the address firstname.lastname@example.org, providing evidence of how the item does not correspond to the order,
- and to return the items in question in their original packaging (or, at the very least, in packaging enabling equivalent protection of the items during their return transport), in perfect condition, unused and accompanied by all accessories and documents provided (notice, guarantee, certificate of authenticity, etc.) and a copy of the invoice included with the delivered items.
- by following, to facilitate processing by the Company, the various stages in the procedure proposed by the Company, described on the Website and under which the cost of returning the items is borne directly by the Company up to the limit of one return delivery of items per order.
If the customer organises the return of the items themselves, by methods of their own choosing and at their own expense, they are advised to retain any evidence of returning the item by registered mail, or by any other means enabling certain dating; the costs of the return shall be borne by the Company, provided that the non-conformity of the item observed by the customer is confirmed to be true. The costs shall be refunded by crediting the customer's bank account once the customer has sent evidence of the costs in question.
If it is not possible to exchange the returned item and if the customer does not wish to have a credit with the Company, the invoiced price of the returned nonconforming items shall be repaid by crediting the customer's bank account, no later than fourteen (14) days after the Company's receipt of the returned items.
Notwithstanding the specific warranty conditions that may have been provided to the customer with the delivered product, the Company's products are covered by the following legal guarantees concerning the conformity of the item sold and any defects it presents:
Article L. 211-4 of the Consumer Code: 'The seller is required to deliver a product that conforms to the agreement and is responsible for any non-conformities existing upon delivery.
The seller is also responsible for any non-conformities resulting from the packaging, the assembly instructions or installation when the installation has been made its responsibility under the contract or has been produced under its responsibility. '.
Article L. 211-5 of the Consumer Code: 'To conform to the contract, the product must:
1. Be suitable for the usage normally expected from a similar product, and where applicable:
- match the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect in view of the public declarations made by the seller, producer or their representative, particularly in the advertising or labelling.
2. Or present the characteristics defined by common agreement between the parties or be for any special usage desired by the buyer, as made known to the seller and accepted by it. '
Article L. 211-12 of the Consumer Code: 'Action on the grounds of non-conformity is barred two years after delivery of the product. '
Article 1641 of the Civil Code: 'The seller is bound to a warranty on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.'
Article 1648(1) of the Civil Code: 'Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.'
The Company's fulfilment of all or part of its obligations shall be suspended in the event of a chance or force majeure event as defined by case-law that prevents or delays the fulfilment of these obligations. The Company shall inform the customer of any such chance or force majeure event within seven (7) days of its occurrence.
If this suspension of the Company's fulfilment of its obligations continues for a period of more than fifteen (15) days, the customer shall then have the option of terminating the current order and will then be reimbursed by the Company as soon as possible via a credit to the customer's bank account.
If the Company refrains, at a given point in time, from demanding the execution of any of the provisions of these general terms and conditions of sale, this shall not be interpreted as a waiver of the right to invoke this full or partial non-execution at a later date.
If any of the provisions of these general terms and conditions of sale is declared null in whole or in part, the other provisions and other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and shall remain applicable.
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW, EXCEPT IN THE EVENT OF MANDATORY PROVISIONS TO THE CONTRARY AS MAY RESULT FROM REGULATION (EC) NO 593/2008 OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). IN THE EVENT OF ANY DIFFICULTY ARISING UPON THE ORDERING OR DELIVERY OF THE COMPANY'S PRODUCTS, THE CUSTOMER SHALL HAVE THE OPTION, BEFORE ANY LEGAL ACTION, OF SEEKING AN AMICABLE SOLUTION, IN PARTICULAR WITH THE ASSISTANCE OF A CONSUMER ASSOCIATION OR ANY OTHER COUNSEL OF THEIR CHOOSING.