ARTICLE 1: PURPOSE
These Terms and Conditions govern all use of services accessible via www.thesocialitefamily.com (hereinafter "the Website"), published by THE SOCIALITE FAMILY SAS with share capital of €108,817, listed under number 797 641 131 RCS PARIS, with registered office at 12 Rue Saint Fiacre, 75002 Paris, France.
On the Website, THE SOCIALITE FAMILY allows the Buyer to order decorative items and furnishings (hereinafter "the Item(s)") in accordance with these Terms and Conditions.
THE SOCIALITE FAMILY shall act both as Seller of items and as intermediary between Buyers and Sellers for the purpose of placing orders for items. A Seller (hereinafter "the Seller") refers to any person who offers items for sale on the www.thesocialitefamily.com website, including THE SOCIALITE FAMILY where appropriate.
THE SOCIALITE FAMILY receives payment for items ordered by Buyers for and on behalf of Sellers. The Seller is the sole other contracting party of the Buyer who purchases items on THE SOCIALITE FAMILY.
By placing an order on the Website, the Buyer unreservedly accepts these Terms and Conditions. These Terms and Conditions may be amended by THE SOCIALITE FAMILY at any time and without notice. The applicable conditions shall be those in effect when the Buyer places the order.
ARTICLE 2: ITEMS AND CONFORMITY
2.1. Items are displayed on the THE SOCIALITE FAMILY Website and feature an accompanying description.
2.2. New Items sold on the Website conform to standards applicable in France.
The Buyer acknowledges that features such as photographs, text, graphics and all information and characteristics illustrating and/or accompanying Items are not contractual.
Each item shall feature a description for reference by the Buyer, detailing the essential characteristics of the Item in question.
2.4. Some Items sold on the Website are vintage and pre-owned, and in some cases are one of a kind. Such items are therefore not eligible for exchange or refund. These items are sold in their existing condition or restored, as per the information provided in the product description. They may therefore contain marks, scratches or faults and are sold in their existing condition. The sale of vintage and pre-owned items shall entail the acceptance and full knowledge on the part of the Buyer of the product's state of wear, age and fragility.
ARTICLE 3: BUYER OBLIGATIONS
3.1. The Buyer affirms that he/she is aged 18 or over and has the legal capacity or parental permission to place an order on the Website.
3.2. The Buyer shall provide THE SOCIALITE FAMILY with details required for a transaction subject hereto as requested online and based on his/her circumstances, including his/her full name, address, and valid telephone number or email address. The Buyer is responsible for all consequences arising from providing information that is false, inaccurate, or whose use is unlawful for such purpose.
3.3. When an order is placed, THE SOCIALITE FAMILY shall send a confirmation email to the Buyer within 24 hours.
3.4. The Buyer may amend his/her details in the "my account" section.
ARTICLE 4: PRICING, AVAILABILITY AND DELIVERY
4.1. Prices displayed on the Website are expressed in euro inclusive of all taxes applicable in France (i.e. French VAT and any other applicable charges), excluding shipping costs, order processing fees, packaging costs and excluding customs duties and other levies. Customs duties and other charges must be paid directly to the carrier by the Buyer.
Prices are fixed, with no discount or rebate.
THE SOCIALITE FAMILY may amend these prices at any time. Prices indicated are only valid on the date of the order and have no prospective effect. The price applicable to the Buyer shall be that in effect on the order date.
Shipping costs, order processing fees and packaging costs shall be indicated in the Buyer's basket, before confirming his/her order.
4.2. THE SOCIALITE FAMILY reserves the right to cancel or reject an order in the event of a dispute with the Buyer regarding a prior order.
4.3. Items are made available for sale subject to available stock. THE SOCIALITE FAMILY shall inform the Buyer regarding the availability of Items sold on the Website when confirming the order.
If, despite all due care taken by THE SOCIALITE FAMILY, Items are unavailable, THE SOCIALITE FAMILY shall notify the Buyer of this by email at the earliest opportunity.
THE SOCIALITE FAMILY and the Seller accept no responsibility for temporary or permanent unavailability, which shall not entitle the Buyer to any form of compensation.
Should an item be temporarily unavailable, THE SOCIALITE FAMILY shall notify the Buyer of the new time frame(s) announced by the Seller or supplier of the Item in question. Should an item be permanently unavailable, the Buyer's order shall be automatically cancelled and refunded within thirty (30) days of making payment for the item in question.
4.4. The purchase an item, the Buyer must click on its graphic representation. The item will be added to the Buyer's shopping basket, which may contain other items that the Buyer would like to purchase and which were previously placed in his/her shopping basket. The Buyer declares that he/she is fully authorised to use the payment method used to place his/her order. The Buyer shall also ensure that he/she has the ability to pay before placing any order, otherwise THE SOCIALITE FAMILY will not be able to deliver the Items ordered. Where the Buyer is unable to pay, THE SOCIALITE FAMILY reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment.
4.5. Delivery services are provided by Colissimo, TNT, DPD, UPS, GLS and any specialist outsize goods carrier, Monday to Saturday, depending on the option selected by the Buyer when confirming his/her Order – within 3 - 30 business days for all items in stock - depending on the content of the order and delivery address, from the date on which payment for the corresponding items are received in full, and unless the Buyer expressly requests a later delivery date.
Delivery times are indicated on the Website and may vary depending on the nature and availability of the items ordered.
Items are shipped with the delivery note to the delivery address provided by the Buyer when placing his/her order. Deliveries cannot be made to hotels or to post office boxes.
Delays to delivery shall not lead to cancellation of the order. THE SOCIALITE FAMILY shall notify the Buyer by email of any delay to delivery. The Buyer shall then have the option to cancel the order.
In order to meet delivery times, the Buyer must ensure that he/she has provided complete and accurate delivery address information (e.g. house number, building, stairway, access codes, intercom names/numbers, floor, etc.).
THE SOCIALITE FAMILY and the Seller accept no responsibility for the consequences of delays to delivery where it can be proven that non-performance or improper performance of the agreement is attributable either to the Buyer, an unforeseen and insurmountable action by a third party to the agreement, or an instance of force majeure.
For deliveries requiring the Buyer to be present, THE SOCIALITE FAMILY and the Seller accept no responsibility for delays or non-delivery due to repeated unavailability of the Buyer.
In the event of damaged parcels (e.g. already opened, missing items, etc.), the Buyer shall notify THE SOCIALITE FAMILY of any reservations by any method within three days of receiving the item.
4.6. Where delivery is completed by a carrier other than La Poste and unless stated otherwise on the Website, items will be delivered to the address provided by the Buyer, to the ground floor only, using a vehicle of equivalent size to a semi-trailer truck. Delivery to upper floors may incur additional charges. By confirming his/her order, the Buyer agrees to ensure accessibility to the delivery location for the vehicle described above and to be present on the delivery date and time specified.
For this purpose, the Buyer agrees furthermore to provide a valid telephone number and for this number to be forwarded to the carrier in order to agree a date and time for delivery.
The Buyer acknowledges that he/she is fully aware that delivery shall consist of providing the items orders and he/she is responsible for installing and fitting items and/or the associated costs.
ARTICLE 5: PAYMENT
Payment shall be made using a secure payment method. Payment shall be made by PayPal or by credit/debit card using the Stripe secure portal. Carte Bleue, Visa, Eurocard/MasterCard are accepted payment cards.
The transaction shall be debited immediately from the Buyer's bank account following verification of the payment card details, once the debit has been authorised by the Buyer's card issuer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, a commitment to pay given using a payment card is irrevocable. By sharing his/her bank card details, the Buyer authorises the Seller to debit his/her bank card in the full purchase price amount.
For such purposes, the Buyer confirms that he/she is the holder of the bank card to be debited and that his/her name is that stated on the bank card. The Customer shall provide the sixteen digits and expiry date on his/her credit or debit card, as well as the security code where required.
Should it prove impossible to debit for the full purchase price, the online purchase shall be terminated as of right and the order shall be cancelled.
ARTICLE 6: EXCHANGING AND RETURNING ITEMS – RIGHT OF WITHDRAWAL
The Buyer has fourteen (14) days from receiving an item purchased on the Website to return the item(s).
To exercise the right of withdrawal, the Buyer shall notify THE SOCIALITE FAMILY of his/her intention to withdraw from this agreement by email to firstname.lastname@example.org or by post to THE SOCIALITE FAMILY, 12 Rue Saint Fiacre, 75002 Paris, using the template below as an example and including the order number:
For the attention of The Socialite Family, 12 Rue Saint Fiacre, 75002 Paris, France
I hereby give notice of my intention to withdraw from the agreement to purchase the item(s) below:
Order placed on ……………..(order date) and/or received on ……………..(delivery date)
Customer signature (for notifications in hard copy only)
Where THE SOCIALITE FAMILY approves the return request, THE SOCIALITE FAMILY shall send an email detailing the returns procedure.
The Item must be returned within one week in its original packaging and condition and accompanied by the delivery note to the address provided in the email detailing the returns procedure.
Returns are made at the Buyer's own risk, according to the initial delivery method. THE SOCIALITE FAMILY recommends that the Buyer return his/her items by registered delivery or with additional insurance cover up to the market value of the items in the event of damage or loss to the goods in question. Items that cannot be returned by conventional methods due to their size should be returned using the initial delivery method. The Buyer is responsible for retaining all proof of returns. The Buyer is responsible for the return costs and is free to choose the shipping method.
In the event of an error by THE SOCIALITE FAMILY (e.g. new item is defective or error in order preparation), we will pay the return costs of the item. To receive reimbursement of return costs in such cases, the Buyer must forward the carrier receipt to THE SOCIALITE FAMILY.
If the item is not returned by the Buyer within one week of receipt of an email authorising the return, the return shall be deemed void and the Buyer must keep the item.
Returned Items shall be refunded within fifteen (15) days of their receipt by THE SOCIALITE FAMILY. Refunds shall not include return costs. The Buyer's bank account shall be credited with the refund amount using the payment method used when placing the order.
Should the Buyer fail to meet these conditions, in particular the conditions of return, THE SOCIALITE FAMILY will not be able to issue a refund for the Items in question.
Personalised items are not eligible for return or exchange.
ARTICLE 7: TRANSFER OF RISK
All risk of loss or damage to items shall be transferred to the Buyer where he/she or a nominated third party other than the carrier takes physical possession of the items in question.
The Buyer is therefore responsible for opening the parcel on delivery in order to assess the condition of items.
Where items have been damaged in transit, the Buyer must record his/her findings on the delivery note provided by the carrier.
Alongside this, the Buyer must notify the Seller of his/her findings at the earliest opportunity.
The Seller undertakes to replace, at its own expense and at the earliest opportunity, the item damaged in transit or to issue a refund where replacement is not possible.
ARTICLE 8: GUARANTEES AND LIABILITY
THE SOCIALITE FAMILY accepts no responsibility for any inconvenience or harm linked to use of the internet, including, but not limited to, service disruption, external intrusion or the presence of computer viruses, or any instance of force majeure, as defined in legislation and case law.
For some items, THE SOCIALITE FAMILY only acts as an intermediary to a sale. Direct or indirect damage that might be caused by these items shall incur the liability of the Seller.
ARTICLE 9: FORCE MAJEURE
In the event of force majeure, the affected party must notify the other of this within fifteen (15) days of the occurrence, by registered letter with acknowledgement of receipt.
Instances of force majeure or unforeseen accident shall be expressly understood as those used in case law by the French courts. All obligations of the parties shall be suspended for the duration of the occurrence of force majeure, without penalty.
Should the duration of force majeure extend beyond three (3) months, the agreement in question shall be terminated as of right without penalty to either party.
ARTICLE 10: GENERAL PROVISIONS
10.1. Partial nullity of a clause
Should any one of the clauses in these terms and conditions be declared null and void or unenforceable by a relevant court, it shall be declared unwritten and shall not entail the nullity of other clauses.
10.2. Updates to these Terms and Conditions
These Terms and Conditions may be amended by THE SOCIALITE FAMILY at any time and without notice. The applicable conditions shall be those in effect when the Buyer places the order.
These Terms and Conditions are permanently available at the following address: https://www.thesocialitefamily.com/cgv.html in printable and/or downloadable format, so that the Buyer can save or print a copy.
10.3. Applicable law – Jurisdiction
These Terms and Conditions are subject to French law with respect to substantive and procedural rules. The parties must first of all attempt to reach an amicable resolution to any dispute.
10.4. : Reproduction of applicable legislation (Order no. 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity
which exists upon delivery. He/she is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he/she assumed responsibility therefor or had it carried out under his/her responsibility.
Art. L. 211-5. of the Consumer Code
– To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Art. L. 211-12. of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Art. 1641 of the Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he/she had known of the defects.
Art. 1648 para 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the fault.