GENERAL TERMS AND CONDITIONS OF ONLINE SALE
www.annedelafforest.fr website (hereinafter the Website) is edited by: A&B Studio a simplified joint-stock company registered under French law, under the number 811 641 729 RCS PARIS, with a capital of 10,000 Euros, with its registered offices located 16 rue Jacquemont, 75017 Paris, also known under the commercial denomination « ANNE DE LAFFOREST », hereinafter Anne de Lafforest.
The Website is an online shop.
ARTICLE 1 SCOPE OF THE GENERAL TERMS AND CONDITIONS OF ONLINE SALE
These General Terms and Conditions of online Sale (the GTC) apply to any products or services (the Products) order placed on the website, by any private, non-professional, person of full age and capacity (the Client). Products ordered by the Client are destined to private usage only, any professional, commercial, industrial, handicraft or liberal usage is expressly excluded. The Client testifies, upon order, that he has full age and capacity to engage in a relationship ruled by these GTC. These GTC constitute the entirety of the obligations between the Parties. Before placing an order (the Order), the Client undertakes to read and accept the GTC. By placing an Order, the Client fully accepts these GTC.
ARTICLE 2 PRE-CONTRACTUAL INFORMATION
The Client can find the GTC on the website. Anne de Lafforest Les CGV sont disponibles pour consultation sur le Site. Anne de Lafforest reserves the right to adapt or modify these GTC at any time. Applicable GTC version is the one on the website by the time the Client places the Order. Client states, that before placing an order, it has been brought to his attention, easily legible and understandable and accurate manner, these GTC, as well as any mandatory information listed in article L111-1 and L221-5 French Consumer Code.
ARTICLE 3 PRODUITS
Products offered on the online shop are those described in the “Shop” section of the website. Products are sold and shipped by Anne de Lafforest, within the limits of available stock. Anne de Lafforest offers two types of Products :
- Ready to Wear
Designs are made in a standard size (36 to 42, unless otherwise stated), with no alteration of the original design, or no adjustment. Each outfit is made by the order, following an 8 weeks maximum delay.
Anne de Lafforest makes, sells or resell accessories : veils, combs, wreath… Accessories cannot be altered or modified, accessories are bought by the Client as presented by Anne de Lafforest. Exception made of veils, made by the order, following an 8 weeks maximum delay, Accessories are made or made available by ADLF in a 72 hours maximum delay. Those deadlines are a rough estimate, and are stated on each Product sheet on the website.
In case a Product is temporarily out of stock, ADLF informs the Client as soon as practicable, via email, and offers replacement solutions, or the Order’s reimbursement. Anne de Lafforest presents and describes the products with the greatest care in order to conform to the French Consumer Code dispositions applicable. Anne de Lafforest sells and ships new Products. Nevertheless, the Client may receive a Product previously shipped and returned by another Client. Anne de Lafforest exclusively accepts return of unworn and intact Products. Returned Products reinter stock after careful examination by Anne de Lafforest. As a result, complaints cannot be accepted.
ARTICLE 4 ORDER
Complete placement of an order follow the procedure laid down by Anne de Lafforest on the Website, comprising the subsequent steps leading to Order confirmation.
4.1. Product’s selection, quantity and modification of the Basket, if applicable.
Client may choose as many Products as he wishes to, Products will be listed in the basket (the “Basket”). The Basket lists the Products, the quantities, VAT excluded prices, VAT included prices, applicable discounts and rebates if any, as well as the Order related costs. Client may freely modify the Basket until complete validation of his Order.
The client choses from the delivery systems offered and described in article 6 hereinafter. The client bear the delivery costs, following a fixed compensation calculated by Anne de Lafforest.
4.3. Acceptance of the general terms of sale and confirmation of the Basket
Before confirmation of the Basket, the Client certifies, by ticking the designated box, he has read, understood and accepted the GTC.
4.4. Clients details
Following details are essential to an appropriate order processing : the Client’s name, surname, delivery address, email address, phone number. Anne de Lafforest is entitled to stop processing the order, should any of those information be missing or incorrect. The Client is sole responsible of the choice of Delivery place. Anne de Lafforest will not be held responsible for any delivery and/or invoice default, due to incorrect information.
The Client pays the price and related costs, by any means of payment authorized in article 5.
4.6. Vérification et validation de la commande
By confirmation and payment of the entirety of the price and costs, the Order is considered binding and irrevocable. An email is sent to the Client by Anne de Lafforest, confirming the Order. Client authorizes Anne de Lafforest to use is email address for the purpose of information with regard to the Order.
ARTICLE 5 PRICE AND PAYMENT MEANS
Sale prices are given on the site in euros (€), and include the VAT (VAT inc.). Total amount of the Order, VAT inc., is summarized at the bottom of the Basket, and details:
- unit price, quantities, total VAT excluded (VAT ex.) price for each Product.
- any discount, rebate, reductions granted.
- delivery costs, if any.
- VAT rate and total amount of VAT applicable. Anne de Lafforest may, at any moment, modify its sale prices. Prices applicable are the one displayed at the time of confirmation of the Order.
The Order shall be paid in full, upon confirmation of the Order. Payment of the Order is made via the secured platform of the website, by credit card. The Client expressly undertakes that by communicating its credit card numbers, he/she authorizes drawing from his/her bank account of the amount of the Order.
When applicable, a notification of payment failure, and therefore cancelation of the Order, will be sent to the Client by email. Anne de Lafforest remains sole owner of the Products until complete payment of the price, in principal and ancillary.
ARTICLE 6 ORDER PROCESSING, SHIPMENT AND DELIVERY
Order is processed tuesday to friday, with respect of the making deadlines established in article 3 of those GTC. Order will be made available for shipment after order making and/or process. Delivery shall be defined as transfer to the Client of the physical possession of the ordered Products (the Delivery). Delivery risks - Product’s loss or degradation - is transferred to the Client, or to his/her designate, upon Delivery. The Client chooses the delivery method on the website, when placing the Order:
- Free pick-up at Anne de Lafforest showroom.
- Shipping via Colissimo by Anne de Lafforest, at a fee described in the Basket before Order validation.
- Shipment by Anne de Lafforest’s partner, via the carrier of its choosing, at a fee described in the Basket before Order validation.
In case of failure to deliver, Products are sent back to Anne de Lafforest. The Client may contact Anne de Lafforest to organise Delivery at a later date, in a two (2) months maximum delay, by email , specifying the Order number. Anne de Lafforest delivers the Orders in metropolitan France and Europe. Anne de Lafforest ships abroad and in the French overseas department and territories exclusively upon request before placing the Order.
Order may be delivered following the indicative deadlines, as from shipment :
- five (5) working days, in metropolitan France.
- fifteen (15) days, in Europe.
Those deadlines are for references only . they are not binding, as Delivery undergoes the carrier’s obligations.
ARTICLE 7 RIGHT OF WITHDRAWAL, REIMBURSEMENT AND RETURNS
The Client can use its right of withdrawal, on all or part of his/her Order. The Client can either send an email to contact@annedelafforest or use the withdrawal form, to be downloaded below. For a proper treatment of the withdrawal, the Client shall imperatively mention :
- name, surname
- number and date of Order
- Products covered by the withdrawal
- ground for withdrawal.
The right to withdrawal can be exercised penalty free. Product covered by the withdrawal shall be returned to Anne de Lafforest, maximum fourteen (14) days from Delivery date. In case of withrawal, Products return is born by the Client, exception made of withdrawal for default, Product error, damaged goods by Delivery, or Anne de Lafforest’s failure to fulfill its obligations with regard to Product conformity. Past fourteen (14) days from Delivery date, the sale becomes binding and definitive. Upon reception of the withdrawal request, Anne de Lafforest will notify the Client the steps for returning the Order. The Product must be returned as new, never worn, never washed, in its original packaging. Reimbursement will be made after reception and product inspection by Anne de Lafforest. Unless otherwise stated by the Client, Anne de Lafforest will reimburse the Client by the same payment method used when placing the Order. In any event, withdrawal right is prohibited for any Product :
- personalised for the Client
- opened by the Client
- worn, washed, stained, worn out by the Client.
In all those events, the sale is binding and definitive as from Order confirmation.
ARTICLE 8 GUARANTEES
This article is governed public policy provisions in force, as established by the french civil code or the french consumer code.
8.1. Legal warranty of conformity
The Client undertakes to verify the state of the packaging before accepting Delivery, and to express the appropriate reservations and claim, or to refuse Delivery, when shipping parcel is obviously damaged. Those reservations and claim must be sent to the carrier by letter with acknowledgement of receipt, maximum three (3) days from Delivery Date. The Client must copy the claim to Anne de Lafforest, by any means (email or letter) without undue delay. Failing that, Delivery will be deemed compliant and flawlessly executed. Anne de Lafforest must deliver Products:
- compliant to the description made on the website (general aspect, features notably).
- compliant to the usage a Client is entitled to expect from a similar product.
- compliant to the quality a Client is entitled to expect from a similar product. For a maximum two (2) years period of time following Delivery date, Client can implement the Legal warranty of conformity, in the conditions set forth under article 8.3. of those GTC. Legal warranty of conformity can only be implemented for a default directly resulting from Anne de Lafforest’s actions. It expressly excludes, for example, any default caused by a misuse of Products.
8.2. Warranty against latent defects
Anne de Lafforest is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the Client would not have acquired it, or would only have given a lesser price for it, had he known of them. The default must have existed before the Order, and impair their intended use. Exception made of article 8.4. provisions, the legal warranty covers all the costs directly linked to the said latent defect. The Client must notify Anne de Lafforest maximum two (2) years following discovery of the defect, and ask for application of the warranty, as described in article 8.3.
8.3. Implementation of the warranties
The Client shall send a claim of non- conformity or latent defect by email (firstname.lastname@example.org), explaining the defect, rendering the proof of such defect by any means necessary. No Products return will be made without Anne de Lafforest’s prior written agreement. After examination of the claim, Anne de Lafforest will explain the steps leading to the return of the Products. The Product must be returned as new, never worn, never washed, in its original packaging, with the Order number, and copy of the claim, to Anne de Lafforest registered offices. The Client will choose, after reception and examination of the Product by Anne de Lafforest :
- (if possible) replacement or repair of the Product
- a credit note of the Product’s value on the date of the Order
- reimbursement of the price paid.
8.4. Limitations to liability
Anne de Lafforest’s liability is striclty limited to the Products directly made by Anne de Lafforest, and sold on the website, and limited to the price paid by the Client. It expressly excludes any loss or damage, for any reason whatsoever.
ARTICLE 9 FORCE MAJEURE
Upon the occurrence of an event of Force Majeure, preventing Anne de Lafforest from performing its obligations, Anne de Lafforest informs the Client within fifteen (15) days from the occurrence of the event, by email or registered letter with acknowledgment of receipt.
Should be expressly considered Force majeure events, events usually defined by french jurisprudence as such, partial or total strikes, riot, boycott, lock-out, or industrial action, commercial litigation, civil trouble, insurrection, war, natural disaster, epidemic, interruption of transport facilities or of procurement for any reason whatsoever, earthquake, fire, storm, flood, water damage, statutory or regulatory limitations, statutory or regulatory modification of the form of marketing, computer breakdown, interruption of telecommunications including communication networks and especially internet, and any other event irresistible, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, which prevents normal execution of the contract.
The entirety of the Parties obligations will be suspended for the duration of the event of Force Majeure. Should such event continue for more than three (3) months, the sale can be cancelled at the request of one or both Parties.
Either way, Client’s payment failure cannot be justified as a Force Majeure event.
ARTICLE 10 DONNEES PERSONNELLES
Pursuant to European Regulation 2016/679, and to the law n°2018-493 regarding protection of the protection of personal data, any personal information is collected by Anne de Lafforest for the good process of the Order.
This website is subject to a declaration with the National Commission for Data Protection and Liberties (CNIL- France) under the number 2123247v0. Any of the Client’s personal information are exclusively used within the framework of the commercial relationship between Anne de Lafforest and the Client. Such information may be transmitted to Anne de Lafforest’s partners, in charge of execution, process, and order management. Payment information are in any case, never communicated to Anne de Lafforest, transactions are entirely processed via Wix’s payment platform SSL system, consistent with the PCI DSS regulation, and to the ISO 27001, ISO 27018 regulations, TLS encryption. Client has a right to access, modify, transfer, rectify or oppose, on a permanent basis, his private data. Client may submit its request by email (email@example.com).
ARTICLE 11 WEBSITE ACCESSIBILITY AND INFORMATION
The online shopping is owned by Anne de Lafforest, and managed by Atelier Klettern, as advised in the legal notices of the said website. Anne de Lafforest cannot be liable for errors, bugs or other defaults, breakdown or discontinuation. Anne de Lafforest can therefore, freely decide of any disruption of the website or its content.
ARTICLE 12 INTELLECTUAL PROPERTY
Trademark “Anne de Lafforest”, word and figurative element, as well as any other distinctive signs and intellectual property rights, attributable to Anne de Lafforest, protected or not, are and remain Anne de Lafforest’s exclusive property. Any partial or total reproduction, alteration or use of those trademarks, images, designs, drawings, logos (...), for any reason whatsoever, without express and prior agreement from Anne de Lafforest, is strictly forbidden.
ARTICLE 13 PARTIAL INVALIDITY
Should one or more provisions of the present GTC are considered invalid or declared as such by law, regulations or following a final decision of a competent court, this unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions. In case of difference of interpretation between the french and english versions of the present GTC, the french version shall prevail.
ARTICLE 14 NON-WAIVER
No forbearance, inaction, inertia from Anne de Lafforest should be interpreted as a waiver of Anne de Lafforest’s rights and applicability of those GTC.
ARTICLE 15 APPLICABLE LAW
Sell of the Products is subject to french laws and regulations. In the event of a dispute, Client and Anne de Lafforest may request the use of a conventional mediation. In case of dispute if no amicable agreement is reached, the court jurisdiction competent over this dispute is the commercial court of Paris.