TERMS AND CONDITIONS OF USE and SALE
ON THE WEBSITE www.boutiquelessuites.com
The present general terms and conditions of use and sale (hereinafter “T&C”) apply exclusively between any Customer and the LES SUITES company (hereinafter called “LES SUITES”).
The T&C are applicable without restriction or reservation to any use of the Site and to all the Items offered for sale on the Site.
Every Order placed on the website www.boutiquelessuites.comis subject beforehand to acknowledgement and acceptance of these T&C.
By ticking the box “I have read and accept the T&C”, accessible on the page dedicated to the validation of the Order, the Customer declares that he accepts to be bound by all provisions of the T&C from that time.
In any case, any use of the Site by the Customer entails acceptance without reservation of the T&C in effect at the time of this use.
The Customer is abled at any time to print, download and keep a copy on a paper or electronic medium of the T&C from the Site www.boutiquelessuites.com by clicking on the tab “T&C”.
The present T&C prevail over any other document.
1. STATUTORY INFORMATION
Publisher of the Site:
LES SUITES S.A.S., whose registered office is located at 47 Rue Pierre Charron – 75008 PARIS, which is registered in the Paris Corporate Register under number 752 947 713.
Publishing director of the Site:
Mrs Eka IUKURIDZE, Chairman of LES SUITES S.A.S., 47 Rue Pierre Charron – 75008 PARIS
E-mail: firstname.lastname@example.org Phone: +33 1 56 59 11 11 (cost of a local call from a land line).
47 Rue Pierre Charron – 75008 PARIS
E-mail: email@example.com Phone: +33156591111 (cost of a local call from a land line)
Hosting company of the Site:
7 place de la Gare
The following words or expressions beginning with a capital letter shall herein have the following meaning:
• Item: Product offered for sale by LES SUITES on the Site
• Store: the retail store LES SUITES located at 47 rue Pierre Charron- 75008 PARIS, which opening times are shown on the Site.
• Customer: an adult individual legally capable person (or minor represented by his legal representative) who is not a merchant making an Order on the Site
• Customer Service: Service provided to the Customer for any claim concerning an Order and/or his Customer Account available at the address shown herein.
• Site: the merchant web site published by LES SUITES and accessible at the following address www.boutiquelessuites.com
The purpose of the T&C is to stipulate the characteristics, terms and conditions of use of the Site and of sale of the Items that are proposed thereon, as well as to stipulate the rights and obligations of any Customer.
4. DECLARATION of AGE
The Customer expressly declares that he is 18 years old or more and has the legal capacity to adhere to the T&C or, if he is a minor, guarantees that he has an express parental authorization allowing him to accept the T&C.
5. RETAIL SALE EXCLUSIVELY
The sale of Items on the Site is exclusively reserved for retail sales and sales to individual.
The Site can in no event be used by professional vendors, alone or grouped, whatever their means of marketing.
The Customer acknowledges, accordingly, that the Items can only be purchased in a quantity corresponding to the average needs and uses of a non-merchant individual person.
LES SUITES holds the right to refuse an order obviously validated by a professional vendor Customer.
6. CUSTOMER ACCOUNT
Every Customer of LES SUITES must create a Customer Account allowing him to identify himself before each Order.
The creation of a Customer Account is made by filling in the form proposed under the heading "Create an account” of the Site (hereinafter “the Customer Account”).
A Customer Account is strictly individual and personal.
At the time of the creation of the Customer Account, the Customer provides data allowing his identification under his full responsibility. The Customer expressly undertakes that this information is complete and accurate and does not infringe the rights of third parties and, in particular, does not usurp the identity of a third party.
At the time of the creation of a Customer Account, the Customer chooses his identifier (e-mail) and his password.
If the identifier chosen has already been attributed, the Site will asks him to choose another one.
The identifiers and passwords are personal and confidential. Even though LES SUITES takes all the precautions necessary and undertakes to protect this data, the Customer is informed of the necessity to keep them secret and undisclosed to any third party for any reason whatsoever.
In the event of suspicion about the use of the identifier and password by a third party, the Customer must immediately notify LES SUITES and change his password on the Site and/or request on the Site or by e-mail sent to the Service Customer the closing of his Customer Account.
Upon receipt of a request for closure of the Customer Account, LES SUITES will send a letter to the Customer to the postal address provided by him in his Customer Account informing him of the deactivation of his identifier and of his password and of the closure of his Customer Account.
LES SUITES holds the possibility of closing any Customer Account without notice and of refusing consequently any sale to any Customer breaching the T&C in anyway.
On the Site LES SUITES offers 4 different categories of items:
- Regular retail items
- Made to order items
- Made to measure items
- Pre-order items
A regular retail items is a ready confectioned item ordered by LES SUITES to its original designer/brand for retail in its Store and/or on the Site (herein after "Regular Retail Item")
A Made to order item is an item ordered by LES SUITES to its original designer/brand upon a Customer's request (herein after "Made to Order").
A Made to measure item is an item made to the client's individual size and taste by its original designer/brand and delivered to LES SUITES upon a Customer's custom order. A made to Measure order is established based an appointment with the designer set up by LES SUITES (herein after " Made to Measure").
Pre order items are a selection of items the Customers can, within a limited timeframe, order on the Site before their official production and retail launching (hereinafter " Pre-Orders").
All items available for sale are those that are shown on the Site. The offers are valid for as long as they are visible on the Site.
They are proposed within the limit of the availability shown on the Site.
LES SUITES holds the right to withdraw from sale at any time any Item shown on the Site and/or to replace or modify any information relating to the Items shown on this Site.
The characteristics of the Items on the Site (photographs, representations, descriptions, etc.) are given indicatively and can vary over time.
Only the characteristics of the Item displayed at the time of validation of the Order are valid.
8. ORDER PROCESS
To place an Order, the Customer must follow the online purchasing procedure described on the Site. He must in particular verify the Items shown in his basket and his chosen delivery method, click on “Place order” to validate and place the Order and proceed to the payment according to the conditions stipulated in article 10 of the T&C (hereinafter “the Order”).
Every Order placed commits the Customer to full payment for the Order.
Every Order is subject to the acceptance of LES SUITES and is only definitively confirmed after receipt by the Customer of an e-mail confirming the registration of the Order (hereinafter “the Confirmation”).
The Confirmation shall include a reminder of the delivery method chosen and an Order number.
It is recommended to the Customer to print the Confirmation of his Order.
If the Customer does not receive any Confirmation for 14 days following his Order, he should contact the Customer Service.
LES SUITES can in no event be held liable if the Customer has provided inaccurate information preventing the issuing of the Confirmation.
The Customer is informed that any Order made in breached the T&C can be cancelled by LES SUITES.
9. PRICE OF THE ITEMS and SHIPPING COSTS
The prices of the Items are those that are shown on the Site at the time of the validation of
each Order by the Customer.
The prices of the Items are shown on the Site in Euros, all sales taxes included, excluding shipping costs.
They include any potential reductions/rebates applicable on the day of the Order.
They include the VAT at the rate applicable on the date, except if the Customer is invoiced in a country where VAT is not applicable.
They also include any new taxes or contributions, notably environmental, likely to apply to the Items.
The price of shipping costs is provided to the Customer on the Site before validation of the Order.
These vary according to the delivery destination and the method of delivery chosen by the Customer.
The total price including the price of the Items and the shipping costs is recalled in the Confirmation.
10. PAYMENT OF THE ORDER and INVOICING
The Order is payable on the Site at the time of the Order by means of the bank cards and/or payment platforms proposed on the Site.
An invoice corresponding to the Order paid shall be sent to the Customer in a paper format at the time of the delivery of the Order and shall also be accessible and printable from the Site in the Customer Account of the Customer.
The Items for sale on the Site are available on delivery in all the countries mentioned and according to the conditions and delivery prices announced under the heading “Delivery” of the Site.
The delivery method and times are chosen by the Customer on the Site at the time of the Order.
The Customer is informed that LES SUITES does not itself operate the delivery of the Orders but uses out side shipment companies responsible for the delivery of the Orders (hereinafter “the Shipper”).
When the Shipper ships the Order, LES SUITES informs the Customer thereof by e-mail to the e-mail address provided in the Customer Account.
11.1 Methods of delivery:
The methods of delivery offered to the Customer are home delivery or Store pick-up.
In the event where the Customer chooses home delivery:
• The Customer is informed that he is responsible for providing all accurate details necessary to ensure the successful delivery of his Order (access code, and access specifications, for example). LES SUITES and/or its providers can in no event be held liable in the event the Customer has provided inaccurate information preventing the Shipper from making the delivery.
• The parcel delivered shall contain a delivery receipt showing all Items ordered and delivered, a return form, a prepaid return label as well as an invoice corresponding to the Order.
If the Customer is absent at the time of the delivery, the Shipper will send him a notice informing him of the modalities of pick-up or re-delivery of his parcel, thus under the full and exclusive responsibility of the Shipper.
In the event the delivery should be impossible following an entry error of the Customer at the time of his Order (incomplete or mistaken address, etc), the parcel shall be returned to LES SUITES by the Shipper. LES SUITES shall inform the Customer by e-mail to the address stated in his Customer Account.
The Customer shall then have the choice of completing the missing information and of requesting the re-delivery of his Order at the price and within the times of a new delivery or of cancelling the Order and obtaining the reimbursement thereof. The costs of the failed delivery shall remain incumbent on the Customer whatever the case.
In the event the Customer has chosen Store pick-up:
• The Customer is informed by e-mail that his Order is available to pick-up in the Store,
• To withdraw his Order the Customer must come a Store opening hours and provide an identity document as well as the e-mail stated above.
11.2 Delivery times
11.2.1 For Regular Retail items:
The Items are delivered or made available in the Store before the expiration of the time chosen in the Order and shown in the Confirmation, which cannot exceed 30 days from the date of the Confirmation.
In the event of late delivery or making available less than 7 days after the time shown in the Confirmation, the shipping costs shall be reimbursed to the Customer by LES SUITES.
In the event of a delay of more than 7 days, the entire Order shall be reimbursed to the Customer by LES SUITES.
Any reimbursement to the Customer shall be made within 14 days following the expiration of the above-mentioned times.
11.2.2 For Pre-Order items, Made to Order items and Made to Measure items:
The time for fabrication and delivery will vary depending on each designer and/or brand's fabrication process and delays, which LES SUITES is not liable for.
Before completion of the Order for such items, LES SUITES will indicate to the Customer an expectable time frame for delivery, which is based on LES SUITES experience but is purely indicative and cannot be held against LES SUITES in any case.
11.2.3 All deliveries is deemed to be complete at the time of the remittance of the Order to the Customer by the Shipper this proven by the control system used by the Shipper.
Returns are only accepted:
- For items returned in the condition they were received (no alteration or damage, not used, soiled or washed) in their original wrapping and with their original labels still on;
- Within the times frames stated hereunder;
- Upon completion of the following procedure:
For all returns the Customer shall:
-go on the Site and enter his Customer Account
Click on the Order, select the item(s) to be returned and press "Return"
LES SUITES will send an email to the Customer confirming reception of the return request
Within 5 days of this confirmation, the Shipper will contact the Customer by email to agree on the pick up date in time
12.1 Convenience returns
Regular retail items and pre-order items can be retuned by the Customer without having to provide any justification within a maximum period of 30 calendar days from the date of receipt of his Order under the conditions stated herein.
Made to Order and/or Made to Measure items cannot be returned if not defective.
12. 2 Defective items
If the Item delivered is defective or does not correspond to Article stated in the Order Confirmation, the Customer can also return the Item in accordance with the statutory warranty of conformity under L.217-4 and following provisions of the French Consumer Code within a period of 2 years from the date of receipt of his Order while complying with the modalities of return stipulated herein.
Upon reception of the Items returned in compliance with the above-mentioned instructions, LES SUITES shall reimburse the Customer the full price of the Items and shipping costs paid by the Customer for the Order at the latest within a period of 7 calendar days.
The reimbursement shall be made to the bank account or the payment account of the Customer used at the time of the Order.
14. POSSIBILITY OF EXCHANGE IN THE STORE
LES SUITES also offers to the Customer the possibility to exchange in the Store any purchased Regular retail item, Pre-order item, or Made to Order item. No Made to Measure Item can be exchanged.
To be accepted, this exchange must be made in strict compliance with the following conditions:
• the exchange must be done with a maximum period of 30 calendar days from the delivery of the Order
• returned item must be in the condition it was received (no alteration or damage, not used, soiled or washed) in it's original wrapping and with it's original labels still on
The exchange shall be made on the basis of the price of the Item as paid at the time of the Order.
15. PERSONAL DATA
LES SUITES implements personal data processing in accordance with the applicable legal provisions and in particular the EU Regulation 2016/679 known as GDPR.
17. LINKS TO OTHER WEBSITES OR APPLICATIONS
The Site may optionally contain hypertext links to websites or third party applications.
LES SUITES is not responsible for the operation and content of these third party sites or applications with which it claims no legal link.
The Customer is informed that LES SUITES is not responsible for the consequences to redirect these sites or applications.
18. MARKETING and BUSINESS DEVELOPMENT COMMUNICATIONS
LES SUITES and/or his commercial partners is likely to send the Customers marketing and business development communications in any form and by any mean if the Customer has checked the box «I agree to receive newsletters and commercial offers related to LES SUITES".
The Customer can at any time oppose these mailings and offers by clicking on the link "Unsubscribe" present on each correspondence related thereto or upon request in the Site under the tab « My Account".
19. INTELLECTUAL PROPERTY
LES SUITES is the exclusive holder of all the intellectual property rights attached to:
• the Store and, in particular, its trade name and trademark
• the Site and, in particular, its structure, arborescence, organization, possible software, headings, functionalities, its visual and graphic appearance, its texts, moving or fixed images, sounds, know-how, designs, and any other element of the Site
• the database(s) designed and managed by LES SUITES, their structures and their contents
• The name, signs, logos, colors, graphics or other signs that may be used, made or applied by LES SUITES.
Accordingly, it is forbidden to represent, reproduce and/or modify in any form whatsoever, directly or indirectly, all or any of the above-mentioned elements and more generally, to use or exploit these elements otherwise than in the framework of the execution of the T&C.
In this regard, the reproduction or the use these elements is only authorized for the purposes of information for personal and private use exclusively, with any reproduction and any use of copies made for other purposes being expressly forbidden.
Any other use, except with the prior, written permission of LES SUITES, constitutes wrongdoing that can be the subject of proceedings.
The Items are guaranteed against the defects of conformity and redhibitory defects under the conditions stipulated under provisions 1641 to 1649 of the French Civil Code and L.211-1 and following of the French Consumer Code.
The Customer can contact LES SUITES to receive any information concerning the application of these warranties.
In accordance with provision 24 hereof, the Customer shall contact LES SUITES in priority to seek an amicable solution when the Customer intends to invoke one of the above-mentioned warranties.
The Customer undertakes only to use the Site for his own needs and for the sole purposes stipulated in the T&C.
The Customer undertakes not to hamper or disturb the Site or to use it for any illegal activity whatsoever.
Any illegal use or use that generally does not comply with the T&C of the Site shall entail the immediate suppression of the Customer Account of the Customer, without prejudice for LES SUITES to any possibility of legal action and claim for damages.
The Customer expressly guarantees LES SUITES against any damage capable of being caused to it because of his use of the Site, including legal representation and procedural costs and undertakes in this regard to take part in any legal proceedings brought against it because of his use of the Site.
LES SUITES undertakes to describe the Items sold on the Site with the greatest accuracy and to ensure under the best conditions possible the updating of the information that is provided therein.
However, LES SUITES cannot guarantee the exhaustiveness of the information shown on the Site.
In the event of non-substantial differences between the visuals and characteristics shown on the Site and the Items delivered LES SUITES shall not be held liable.
In the framework of the execution of the T&C, LES SUITES or any of its hosting companies and technology providers can never be held liable for any damage whatsoever resulting:
• from use of the Site non compliant with the T&C
• or, more generally, from any fault whatsoever of the Customer.
Any improper use of the Site, fault, negligence, omission or failure on his part, any disclosure or illegal use of the password or codes of the Customer, as well as the filling-in of inaccurate information or the absence of updating of such information shall be considered to be a fault of the Customer opposable to the latter. The use of any technical process, such as robots, or automatic requests, the application of which would infringe the letter or the spirit of the T&C shall also be considered as a fault of the Customer.
Furthermore, LES SUITES or, as the case may be, its hosting companies and technology providers, cannot be held liable in the event of damage resulting:
• from temporary or total unavailability of all or part of the access to the Site, from a difficulty relating to the response time and, generally, from a defect in performance
• from an Event of Force Majeure as defined herein
The Customer declares that he has been informed of the fragility of the Internet, especially in terms of the propagation of viruses, for which LES SUITES, its hosting companies and technology providers cannot be held liable.
The Customer is responsible for applying to his personal devices a solution and security measures capable of preventing the propagation of viruses.
22. FORCE MAJEURE
LES SUITES cannot be held liable in the event of breach of one of its contractual resulting from an accidental event or an event of force majeure, as defined by the jurisprudence established by French Courts. In particular, LES SUITES shall not be held liable for any non-execution or delay in the execution of an Orders caused by events outside of its control (“Event of Force Majeure”).
An Event of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of LES SUITES and includes in particular (without restriction):
• Strikes, closures or other industrial actions.
• Civil disturbance, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of or preparation for war.
• Fire, explosion, storm, flooding, earthquake, subsidence, epidemic or other natural disasters.
• Failure or accidents of maritime postal transport by rail, ship, aircraft or other private or public means of transport.
• Impossibility of using the networks of public or private telecommunications.
• Acts, decrees, legislation, regulations or restrictions of any governments.
The execution of the T&C shall be suspended for as long as the Event of Force Majeure shall last and the performance and delivery times shall be extended by as much. LES SUITES shall try as far as possible to terminate the Event of Force Majeure or to find a solution allowing it to fulfill its contractual obligations despite the Event of Force Majeure.
23. MEANS OF PROOF
The Customer acknowledges and accepts that the proof of his acceptance of the T&C (and their eventual updates) is established by ticking the box “I have read and I accept the T&C”, accessible on the page dedicated to the validation of the Order and, more generally, by any use of the Site.
The Customer acknowledges and accepts that computerized data stored on the computer servers of LES SUITES under reasonable conditions of security and integrity are considered, irrefragably, as proof of the acceptance of the terms of the T&C and proof of all of the transactions concluded between LES SUITES and the Customer.
Accordingly, except in the event of a clear mistake of LES SUITES proved by the Customer, the latter cannot contest the admissibility, the validity or the binding force of the T&C and of the content of the Order on the basis of any statutory provision whatsoever that may specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute proof and, if they are produced as means of proof by LES SUITES in any legal or other proceedings, shall be admissible, valid and opposable in the same way under the same conditions and with the same binding force as any other document that may be drawn up, received or stored in writing.
24.MODIFICATION OF THE T&C
Given the possible changes of the Site and regulations, LES SUITES holds the right to modify the T&C at any time.
If need be, the new T&C shall be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer expressly consents to the new version of the T&C by validating any new Order.
In the event of a dispute about the execution of the T&C, the Customer must contact the Customer Service of LES SUITES first of all in writing.
In the event of failure of the request for claim with the Customer Service or in the absence of reply from this Service within a period of 2 calendar months from the receipt of his request, the Customer can submit the dispute concerning the Order or these T&C with LES SUITES to a mediator who will try, with complete independence and impartiality, to bring the parties together with a view of reaching an amicable solution.
The mediator appointed by LES SUITES The contact details of the mediator appointed by LES SUITES are available upon request to the Customer Service.
The mediation proceedings are free of charge for the Customer.
The parties are free to accept or refuse the use of mediation as well as, in the event of use of mediation, to accept or refuse the solution proposed by the mediator.
26.GOVERNING LAW – COMPETENT COURT
The T&C are governed by French law.
Any dispute shall lie within the jurisdiction of the Court of the place of domicile of the Customer in the absence of amicable agreement between the Customer and LES SUITES.