TERMS & CONDITIONS
PREAMBLE
All products shown on the website are made by hand, made-to-order in France using artisanal construction methods.
Accordingly, making usually takes three weeks and up to two months from the order day.
All orders placed on the website or by email implies acceptation of these General Terms and Conditions.
SUMMARY
1. Definitions
2. Identification
3. Application
4. Offer and Acceptance
5. Prices
6. Payment
7. Delivery
8. Right of withdrawal
9. Guarantee
10. Customer service
11. Liability
12. Protection of personal data
13. Intellectual property
14. Force majeure
15. General
16. Applicable law / competent court
1.DEFINITIONS
‘General terms and conditions’: these terms and conditions that apply to your purchase of Products with Louise Desoeuvre;
‘Agreement: Every agreement in which we undertake to provide the Products to you provided that the General Terms and Conditions have been complied with;
‘Party/Parties’: you and/or us;
‘Product’: all goods offered for sale on the Website;
‘You/your’: the customer who is a natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
‘Website’: www.louise-desoeuvre.com
‘We/us/our’: the company as mentioned in article two of these General Terms and Conditions.
2.IDENTIFICATION
This website www.louise-desoeuvre.com is published by Louise Desoeuvre, Individual firm with registered office located at 231 rue Saint-Honoré, 75001 Paris (France), registered with the Paris Trade and Companies Register under the number 898 033 022.
Publication Director of the website: Louise Desoeuvre.
3.APPLICATION
3.1. These General Terms and Conditions apply to all purchases of our Products via www.louise-desoeuvre.com or by email. When placing an order, you must explicitly accept these General Terms and Conditions and agree to their application. Buyers and resellers who wish to resell the products for commercial purposes are not authorized to do so without formal written authorization from Louise Desoeuvre and are invited to contact the Company via the email address: louise.desoeuvre@gmail.comThese General Terms and Conditions apply to the exclusion of any other terms and conditions. Unless they have been expressly accepted by us in writing, any general or special terms and conditions are expressly excluded. Despite the foregoing, these General Terms and Conditions do not affect the legal rights that are compulsorily granted to you under France’s consumer protection legislation.
3.2. These General Terms and Conditions govern the sale of all the products presented on the Website (hereinafter the "Products") and can be updated by Louise Desoeuvre at any time. We reserve the right to amend these General Terms and Conditions from time to time. However, the version of these General Terms and Conditions that was applicable at the time the order was placed shall continue to apply between you and us with regard to the sale.
4.OFFER AND ACCEPTANCE
4.1. Any order implies acceptance of the prices and description of the Products available for sale. We make all reasonable efforts to make the information on the characteristics of the Products and illustrations of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may on delivery differ from the photographs and descriptions displayed on the Website. Colors may also vary slightly, depending on the lighting and settings of your computer screen.
Each product is made-to-order in France in an artisanal way. Any order placed on the website or by email constitutes acceptance of these minimal and non-substantial variations.
4.2. We cannot guarantee that all Products will be available at all times. If you order a Product through the Website that is out of stock, we will inform you as soon as possible by e-mail and you will have the right to cancel your order. We are not liable for the temporary or permanent unavailability of a Product on our Website and/or for any damage that would result from the unavailability of a certain Product. We have the possibility to apply specific conditions to a certain offer, such as a limited period of validity. Such specific conditions only apply if they are communicated explicitly and prior to the order.
4.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Manifest or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.
4.4. Your acceptance of our offer is done by placing the order on our Website or by email. This purchase is binding. We strive to send you a confirmation of the order within seven (7) working days at the latest to the email address you have provided.
4.5. We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved.
5.PRICES
5.1. The prices of our Products are listed on the Website and are fixed at the time of the order. The indication of the price relates exclusively to the Products as they are described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. Import duties and import tax, where applicable, are to be paid by the customer. Any other costs charged will be stated separately.
5.2 The prices of the Products are indicated in Euros all taxes included and excluding any customs charges for orders outside the EU which remain the responsibility of the Customer. Prices do not include shipping fees unless specified. Louise Desoeuvre reserves the right to modify the prices of the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices displayed on the Site when the order is placed. All orders are payable in Euros and must be paid when ordering the item. The payment of custom clothing / accessories orders is made in installments, fifty percent of the total price of the item (excluding shipping costs) is payable on the day of the order, the remaining fifty percent must be paid before shipping (the second payment includes delivery costs). Payment in monthly installments may be possible on request.
5.3. Louise Desoeuvre reserves the right to change prices at any time, but we commit ourselves to apply the rates indicated on the Website at the time of your order. If the price change is due to changes in VAT rates, it will be charged to you.
5.4 International customers please note: If you order products for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information and an estimate of their cost before placing your order.
6.PAYMENT
6.1. In principle, each payment will be processed immediately and in full, from the moment you place the order. Bespoke (made-to-order) orders can be paid in installments, usually the customer is asked to pay 50% of the price when ordering and the remaining 50% (plus shipping fees) before delivery. Payment can be made by the following means:
• By credit/debit card (Visa, CB, Mastercard)
• With your PAYPAL account.
Your bank account will be debited when ordering.
6.2. We will take all reasonable measures to ensure the security of your online transactions. We provide security through the use of specialized parties such as authorized credit card issuers and payment partners. Informations are confidential and not stored. This implies that no banking information concerning the Customer passes through the site www.louise-desoeuvre.com.
6.3. We postpone our delivery obligations until receipt of full payment of all amounts owed by you. We will at all times retain ownership of all Products ordered until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.
7.DELIVERY
7.1 Preparation / delivery costs
The amount of preparation and shipping costs depend on the country and the total weight/cost of the order. They will be detailed on the invoice.
They do not include any customs charges for orders outside the EU which remain the responsibility of the Customer and Louise Desoeuvre cannot be held responsible for any action, costs or taxes (which are the responsibility of the Customer) and / or delays due to customs services over which it has no control.
7.2 Delivery times
All the products presented on the site are designed and made-to-order in France by Louise Desoeuvre in an artisanal way.
Consequently, a period of three weeks on average and two months maximum is generally observed between the date of the order and the shipping date.
Exceeding this period may not give rise to any cancellation of the order, to any reduction in the price paid by the buyer and to any payment for damages, it being specified that in certain particular cases, the periods indicated above can be longer.
7.3 Quality of delivery
In general, all packages are shipped via the French courrier company ‘COLISSIMO’ and by a first-rate carrier such as DHL or FEDEX for international deliveries. The Customer must verify the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. He must indicate on this delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damaged product, etc.). This verification is considered to have been carried out once the Customer, or a person of his choice, has signed the delivery note. No complaint about the condition of the delivered package(s) will then be admissible. In the event of reservations about the delivery, the Customer must also confirm them to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to Louise Desoeuvre by email to louise.desoeuvre@gmail.com.
In the event of an incomplete address, wrong address, refusal of the package by the recipient or lack of information making it impossible to deliver the Product to the recipient on time, Louise Desoeuvre cannot be held responsible for this delivery.
In the event of an impossibility of delivery and if the product were then returned to Louise Desoeuvre by the carrier, Louise Desoeuvre will not make a new delivery.
8.RIGHT OF WITHDRAWAL
8.1. Returns Policy.
Items made-to-order cannot be returned.
All products are subject to withdrawal, except those excluded by the French law in Article L221-28 of the Consumer Code. These are Products which have been the subject of personalization at the customer's request (made-to-measure clothing) and Products which cannot be returned for hygienic reasons (eg: tights), etc.
The Products (except made-to-order garments which cannot be returned) must not have been worn, washed, altered or damaged and must be returned intact in their original packaging accompanied by the purchase invoice to Louise Desoeuvre - 231 rue Saint-Honoré 75001 Paris / France.
All returns must be made by a traceable method (COLISSIMO, UPS, FEDEX, DHL, etc.) and the tracking number must be communicated to Louise Desoeuvre via the email louise.desoeuvre@gmail.com
The customer is advised to keep the proof of postage. Louise Desoeuvre cannot be held responsible in the event of loss, theft or damage to the package. Upon receipt of the Product returned by the Customer, customer service will send an email confirmation of receipt of the Product.
Louise Desoeuvre, in the event of regular exercise of the right of withdrawal by the Customer, will reimburse the latter for the sums paid by the customer corresponding to the purchase of the returned Product (s) (therefore excluding any customs charges), within a maximum period of fourteen days from receipt of the returned product(s). Louise Desoeuvre will not reimburse the delivery costs including the tracking of the package which will remain the responsibility of the Customer. The refund will be made via Paypal. The Paypal account must still be active so the refund of the return will be made to this Paypal account.
9.GUARANTEE
You have a legal guarantee as prescribed by applicable French law.
10.CUSTOMER SERVICE
We strive to keep our customers satisfied. Our customer service is therefore at your disposal by e-mail at louise.desoeuvre@gmail.com. We are a small company, but strive to answer you as soon as possible. Any questions, complaints or comments about Products, the ordering process or the use of the eshop can be directed to this address.
11.LIABILITY
11.1. To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our willful and serious fault. We are not liable for any other errors.
12.PROTECTION OF PERSONAL DATA
12.1. The information provided by you is necessary for the processing, handling and completion of your orders and the drafting of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present General Terms and Conditions. Your personal data will only be processed in accordance with our privacy policy.
13.INTELLECTUAL PROPERTY
13.1. We guarantee to have the necessary rights to offer our Products. All intellectual property rights and derived rights on these Products remain with us and/or the actual entitled party. Likewise, the brands, logos, designs, research, concepts, garments appearing on the Website are the exclusive property of Louise Desoeuvre. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting. Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts. If you have a website and you wish to place a simple link on your site for personal use, directing you to the home page of the Website, you must request authorization from Louise Desoeuvre. In this case, it will not be an implicit affiliation agreement. On the other hand, any hypertext link referring to the Website and using the technique of framing or in-line linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be withdrawn at the simple request of Louise Desoeuvre.
13.2. The content of the Website is Louise Desoeuvre’s property. This includes: logos, texts, graphs, photographs, images, videos, sounds, illustrations and software. The content is protected by copyright and other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written consent from Louise Desoeuvre.
13.3 The Products ordered remain the property of Louise Desoeuvre until full receipt of the price by Louise Desoeuvre. On the other hand, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.
14.FORCE MAJEURE
14.1. We are not responsible for compliance with our obligations under these General Terms and Conditions in the event of force majeure. Force majeure is defined as the situation in which the performance of our obligations is fully or partially, temporarily or otherwise, prevented by circumstances beyond our control.
14.2. In the event of force majeure, these obligations will be suspended, and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, each Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the product paid by you and not delivered).
15.GENERAL
15.1. If any provision of these General Terms and Conditions (or part thereof) is declared null, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these General Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the fullest extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these General Terms and Conditions.
15.2. The fact that we fail to demand the strict application of one of the provisions of these General Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.
16.APPLICABLE LAW/COMPETENT COURT
16.1. To the extent permitted by French law, all contracts to which these General Terms and Conditions apply shall be governed by French law.
16.2. You may also bring a dispute about these General Terms and Conditions before an independent body.
16.3. Any dispute concerning the interpretation or application of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts where our registered office is located (France).