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Conditions of saleIdentification
Introduction The site is the property of the SASU DISLOCATES URBAN in its entirety whole, as well as all the rights. Any reproduction, complete or partial, is systematically submitted has the authorization of the owners. However, the hypertexts links towards the site are authorized without specific requests.
1. Acceptance of the conditions The user who would like to buy Products (Clothes and luxury accessories) present on the on-line sales of the URBAN LUXURY website, available on the url http: // www.luxe-urbain.com, below mentioned as the "Site", declare to have the legal majority and to have the full legal capacity and benefit from the authorization of a person holder of the parental rights, the guardian either the trustee.
Any order of a Product proposed in the sale on the Site demands the consultation and the express acceptance of the present general terms of sale, without however, needing the acceptance conditioned by a handwritten signature on behalf of the User. According to provisions of the articles 1316 - 1316-4 of the Civil code, completed by the Decree number 2001-272 of March 30th, 2001, taken for the application of the article 1316-4 of the civil code and concerning the electronic signature, it is reminded that the validation of the order form such as specified in the article 3.3. below, establishes an electronic signature which has, between the Parts, the same value as the handwritten signature and is worth proof of the entire command and eligibility of the sums owed pursuant to aforementioned.
These general terms of sale are accessible at any time on the Site and will prevail, where necessary, on a different version or contradictory document. Unless proved otherwise, the data recorded by URBAN LUXURY establish the proof of the set of the transactions.
The access to the Site is made in the normal conditions of Internet connection. No additional cost of connection will be charged to the User. These general terms of sale which can be the object of modifications, the applicable conditions are the ones current in the date of signing of the order. It is specified that the User can save or print the present general terms of sale, on condition however not to modify them. The present General terms of sale are to define exclusively, in respect of trade relations whom all Parts establish on the Internet network, their respective rights and duties from online sale of products. These conditions settle all the stages necessary for the signing of the order and ensure the follow-up of this order between the Contracting parties.
All parties agree that their relations will be exclusively governed by the present contract. If a condition came to be lacking it would be considered to be governed by the current uses in the sector of the remote sale for companies having their head office in France. 2- Products The buyer, having acquainted with products and with their characteristics marketed by www.luxe-urbain.com, has under his only responsibility and according to his needs such as he beforehand determined them before any order, settled on one or several products being the object of his order.
It is exclusively up to the Buyer, if he does not consider himself competent enough, to ask assistance from a counselor on the hotline.
Photos, graphics and descriptions of products shown in the sale are only indicative and commit by no means the seller.
Almost all of the products presented by LUXE-URBAIN to its customers are available in our premises.
In case of remaining ones, the customer will be warned, within forty eight 48 hours, of new delivery deadline.
3. Orders Automatic recording systems are considered as being valid proof of the nature, the contents and the order date.
LUXE-URBAIN will confirm the acceptance of orders to the customer at the e-mail address that they have communicated. The sale will be concluded only with the confirmation of the order.
LUXE-URBAIN reserves the right to cancel any order of a customer with who there has been dispute concerning the payment of a previous order. The information expressed by the buyer, during the order taking commits this one: in case of error in the contacts description (address, phone number, and email address) the seller could not be held responsible for the impossibility of delivery of the product.
4. Delivery After confirmation of an order, LUXE URBAIN makes a commitment to deliver to his courier, all the references ordered by the buyer in a maximum of two working days. This courier makes a commitment, by contract with LUXE-URBAIN to deliver the order to the address of the buyer supplied by LUXE-URBAIN. In the case of a transport system as cash on delivery, the customer makes a commitment to settle the carrier or his representative the entire sum indicated during the confirmation order.
Furthermore for the deliveries outside metropolitan France the customer makes a commitment to settle all the taxes due to the import of products, customs duty, value-added tax, and other different taxes owed by virtue of the laws of the country of reception of the order.
The dilivery will be made by poste with a followed Colissimo or Chronopost or by our partner Exapaq, depending on the choice of transport demanded by the client, in metropolitan France. The dilivery is made within the times discussed with the client, by the direct handing over to the client named in the information, In case of absence of this person then another person named by the client. The possible lateness does not give the right to the buyer to ask for compensation or intrest.
Deliveries to CEE countries are made by poste; Traceable European Colissimo or Chronopost, or by other postal services depending on the choice of the client. Concerning orders outside of the CEE counties, deliveries are made with international postal services or international Chronopost.
In case of any noticeable defect on the articles, the buyer has the right to return the article within the conditions present in this document.
If, despite the care taken by LUXE-URBAIN at the moment of preparing the order, one of the products is faulty or damaged, the buyer has 14 days from the reception of the order, to send back the delivery for an exchange or reimbursement.
In order for the order to be dealt with in the best time possible, any faults need to be made known to the LUXE-URBAIN client service who will give them an authorization for the return.
The parcel will be accompanied by the authorization to return the parcel which will need to be sent back (e-mail). The parcel needs to be sufficiently paid for and sent to the address of the LUXE-URBAIN client service.
All demands made after 14 days will not be honored by LUXE-URBAIN who will deny responsibility. If the LUXE-URBAIN conditions are for filled, we will proceed to exchange or reimburse the products that are faulty and the postal fees of the products in a 15 day period from the reception of the return at LUXE-URBAIN.
The extreme conditions that remove the responsibility of LUXE-URBAIN and their obligation to deliver are war, riots, fires, strikes, accidents and provision problems.
The merchandise travels always at the rises and perils of their buyer.
Always check your parcel on reception. You have 48 hour to state any problems with the transporter in case of any problem or breakage.
Regarding availability an order can be sent in more than one parcel to the customer. The client however pays for only one parcel in this case. If the client wishes to have two delivery addresses, the appropriate fees will apply.
If within 5 days outside of weekend and national holidays following the departure of their parcel, the buyer still has not received their parcel nor a note from the courier nor any other information by paper or online, they need to go to their post office of drop off site if it is a Colissimo, or contact the transport company if it is a transporter, with the number used to track the parcel, which you will find in the client account on LUXE-URBAIN as well as on your email address used to confirm your account.
If the transporter finds no trace of the parcel; the buyer needs to then contact the LUXE-URBAIN client service as quickly as possible.
The site will then deal with the problem with the courier or transporter in question. The buyer will receive an email stating that the situation is being dealt with as fast as possible (10 to 30 days) from the opening of the enquiry. If the parcel if found it will be immediately sent to the buyer. If the parcel is considered lost then LUXE-URBAIN will reimburse the total amount of the merchandise.
The time needed for the delivery cannot be over 30 days from the order placement by the client or the merchandise will be entirely reimbursed and the order cancelled.
5. Rétraction You have 14 days (as from the reception of articles) to make your opinion. In case of exchange or refund, send back the new article(s) in the original packaging, intact, accompanied with all the possible accessories at the following address.
LUXE-URBAIN
27, quai Maréchal de Lattre de Tassigny
34200 SETE
France
Products must be returned in good condition and appropriate to the resale, and:
· unused
· not dirty, not washed
· not ironed
· Folded in their original packaging
Expenses and risks connected to the return of the product are chargeable to the Buyer. If the product is lost by the carrier during this sending, the Buyer will be solely responsible for it and cannot be reimbursed by LUXE-URBAIN.
The refund will be made within 48 hours upon receipt of your parcel by credit on your account.
6. Exchanges The buyer can ask for an exchange of all or part of the Products of his order within fourteen (14) days. This exchange can consist of a size exchange, subject to availability of products at the date it was requested by the Buyer. For an exchange, the buyer has to follow the same procedure as for a return, the amount due for the new postal charges generated by the forwarding of one or several new products, are at his/her expense. The terms and conditions for returning products for exchanges are the same that those asked for simple returns (cf. article 5). Following the request and once the products to be exchanged have been receipted, the deadlines of expedition for replacing products are identical to classic shipping. 7. Price The price is shown in euros. The price indicated on the product sheets does not include the transport.
The price indicated on the final order is the final price and will be inclusive of all taxes including the VAT for France and countries of the EEC. This price includes the cost of products, handling, packaging and preservation of products as well as the costs of transport and commissioning.
8. Payment The price invoiced to the customer is the price indicated on the final order sent by LUXE-URBAIN.
The price of products is payable in cash the day of the effective order.
The payment is made by credit card. On-line LUXE-URBAIN allows you to settle securely via a banking server: Bank Dupuy de Parseval.
Your credit card number and payment are directly managed by the secure server of the bank without going through the on-line shop server. This is an additional important guarantee as your card numbers are only known by our banking partner (Dupuy de Parseval bank / PAY BOX). The order validated by the customer will be considered effective only when the banking payment center concerned will have given their agreement. In case of refusal of the said center, the order will automatically be cancelled and the customer warned by e-mail.
The payment can also be made with PAYPAL.
Besides, LUXE-URBAIN reserves the right to refuse any command from a customer with who would appear in dispute.
9. Disputes The present contract is subject to French law. LUXE-URBAIN cannot be held responsible for damage of all kinds, both tangible and intangible or physical, which could result from a misuse of the marketed products. It is the same for the possible modifications of products resulting from manufacturers. In any case the responsibility of LUXE-URBAIN will be limited to the order value and could not be challenged for simple errors or omissions which would have remained in spite of all precautions taken previously as per the presentation. In case of issues during the process of the current contract and before any legal action the buyer has the possibility to look for assistance and an amicable solution through an association. It is reminded that the search for an amicable solution does not interrupt the "current deadlines" of the legal guarantee, nor the contractual duration of the guarantee. It is reminded that as a general rule and subject to the appreciation of the Courts, the respect for the current contract relating to the contractual guarantee supposes that the buyer honors his financial commitments to the seller.
The complaints or the challenges will always be received with attentive benevolence, the good faith being always presumed at the one who makes the effort to expose his situations. In case of dispute, the customer will first address the company to obtain an amicable solution.
Failing that, the Commercial court of Montpellier remains the only one qualified, whatever the place of delivery and the method of payment accepted.
10. Guarantee According to the current legal requirements, all Products are subject to a guarantee of conformity (Articles L.211-4 * Consumption Code) and to a guarantee against defects (Articles 1641 * Civil code).
According to the measures of prescription Number 2005-136 of February 17th, 2005 aforesaid articles of the civil code as well as articles of the consumption code, relative to the guarantee of the consumer goods are reproduced within the present General terms of sale:
Article L211-4
The seller has to deliver the goods in compliance with the contract and responds to any existing defects of conformity caused by the delivery. He also responds to defects of conformity resulting from the packaging, the assembling instructions or the installation if the agreement was put under his/her liability or was realized under its responsibility.
Article L211-5
To be in compliance with the contract, the good has to:
1 Be appropriate to the use usually expected from the similar product and, if necessary
- Correspond to the given description by the seller and possess the qualities presented to the buyer in the form of a sample or in the form of model.
Article L211-12
Actions born from a conformity fault are liable for two years from the delivery of the article.
Reproduction of articles 1641 et 1648 AL 1 of the civil code Article 1641 The seller is responsible for the hidden faults in the product sold, which make the product unfit for the use that is meant for the article, or that lessens this use, which the buyer would not have purchased or given a lesser price if he or she would have known.
Article 1648
The action taken after compelling problems concerning the article, must be made within two years of discovering the defect.
11. Legal terms The information concerning the buyers identity and location that are used in order to sell articles from a distance are obligatory as this information is needed for the transportation and delivery of the articles, the billing and contracts of warranty. In not providing these, the order will not be confirmed. According to law “Information technology and liberties”, the processing of this information concerning clients is declared to the Nation Commission of Information Technology and Liberties (CNIL). The client has access to (article 34 of the 6th January 1978 law) right of access, of modification, rectification and deletion of the information given, which he can demand from LUXE-URBAIN. Moreover LUXE-URBAIN commits to not communicating freely or when offered payment, the information, to a third party.
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