General terms and conditions of sale
Preamble
This site is operated by samples de luxe. Any order for a product appearing in the online store of this website implies the consultation and prior acceptance of these general conditions of sale. Consequently, the consumer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the website shop.
The consumer has the right to save or edit these general conditions, it being specified that both the backup and the edition of this document are his sole responsibility. The consumer declares to have full legal capacity allowing him to commit himself under these general conditions.
The products, services and information offered by this site are in no way a substitute for the constant vigilance of adults.
Article 1: Completeness
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific conditions appearing in the documents sent or delivered by the consumer may be incorporated herein, as long as these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; the purchase order. In the event of any contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Entry into force – duration
These terms and conditions come into force on the date of signature of the purchase order. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company Samples de luxe.
Article 5: Electronic signature
The consumer declares to accept the order as well as the entirety of these General Terms and Conditions of Sale fully and without reservation when he clicks on the "validate" button after the order process. This constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, by post to the address indicated by the consumer in the order formArticle 7: Proof of the transaction
The computerized records, kept in the computer systems of the company Samples de luxe under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: The processing of the order
8.a. Information to be provided when ordering
The consumer verifies the completeness and conformity of the information he provides when ordering, including the delivery address. Samples de luxe cannot be held responsible for input errors and the consequences resulting from them (delays or delivery errors, for example). The costs incurred for the reshipment of the order would be borne by the consumer.
8.b. Anti-fraud controls
In order to ensure the security of transactions and to respond to the concern of as many people as possible to prevent fraud in distance selling, we carry out random checks on the placing of orders. As part of a random check, we invite you by email to send proof of address and / or identity (the purpose being to ensure the reality of the identity and domiciliation (for example an EDF receipt, a telephone bill, and an identity document)) for the perfection of the order. In the absence of proof or if the documents sent do not make it possible to ensure the identity of the author of the order and the reality of the domiciliation, we would be obliged to cancel the order to guarantee the safety of online transactions.
Article 9: Product information
The company Samples de luxe displays on its website the products for sale with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products he wishes to buy. The offers presented by the company Samples de luxe are only valid within the limits of available stocks.
Article 10: Price
The prices are indicated in Euros and are only valid on the date of sending the order form by the consumer. They do not take into account the costs of preparation and delivery, invoiced in addition, and indicated before the validation of the order.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online shop.
The validity period of our offers and prices is 5 working days.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
Article 11: Method of payment
To pay for his order, the consumer has, at his choice, the payment methods offered on the site at the time of the order, namely: Credit card and bank transfer.
The consumer guarantees the company Samples de luxe which has the necessary authorizations to use the payment method chosen by him, during the validation of the order form.
The company Samples de luxe reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by officially accredited organizations or in case of non-payment.
In particular, Samples de luxe reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered.
Article 12: Availability of products
The order will be executed at the latest within 30 days from the day following that on which the consumer placed his order.
In case of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel his order.
The consumer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 13: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is obliged to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery note, as well as to the company Samples de luxe within one week.
The company Samples de luxe works mainly with LA POSTE, to reduce transport costs as much as possible. All products with a small or medium footprint are generally shipped by a postal service called Colissimo Suivi. This service offers you the possibility to pick up the products ordered at your post office near the delivery address in case of absence of the place of initial delivery when presenting the postman.
If you are absent on the day of delivery, your postman will leave you a notice of passage in your mailbox, which will allow you to collect your package at your post office during opening hours, within 15 days.
Colissimo Suivi is a very reliable service. However, it is possible, as in any shipment, that there may be a delay in delivery or that the product goes astray. In case of delay in delivery compared to the date we have indicated to you in the shipping email, we ask you to report this delay by calling us by phone or by sending us an email. We will then contact Swiss Post to start an investigation. A Swiss Post survey can last up to 21 days from the start date of the investigation. If during this period, the product is found, it will be redirected immediately to your home (the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the package as lost. Only then can we return a replacement product to you, at our expense. If the ordered product(s) were no longer available at that time, we will refund the amount of the products affected by the loss of the carrier. If the product(s) were still available, but had changed the selling price on the site, we would apply the new selling prices, either by reimbursing you by check for the difference, or by requesting an additional check regarding this price difference.
The company Samples de luxe, declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strike.
In case of items deliverable on different dates given their availability, the delivery time is based on the longest time, the company World Grands Crus reserves however the right to split the deliveries. Participation in the processing and shipping costs will only be charged for one shipment.
The company Samples de luxe, can not be held responsible for the consequences due to a delay in delivery.
Article 14: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer must at the same time confirm this anomaly by sending the carrier within three (3) working days following the date of delivery a letter setting out the said claims.
samplesdeluxe@hotmail.com or by simple mail to:
Luxury samples 16 BIS MEIX VALLANT 71330 SIMARD.
ATTENTION: returns must be sent according to the procedure and to the address indicated in article 15 or 17.
Article 15: Delivery errors
15.a.
The consumer must make to the company Samples de luxe the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
15.b.
The formulation of this claim with the company Samples de luxe may be made:
Priority by email: samplesdeluxe@hotmail.com.
By phone at: +33615955325, 7/7 and 24/24h.
15.c.
Any claim not made in the rules defined above and within the time limits can not be taken into account and will release The company Samples de luxe from any responsibility towards the consumer.
15.d.
Upon receipt of the complaint, Samples de luxe assigned an exchange number for the product(s) concerned and communicated it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the approach presented above.
15.e.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to Samples de luxe intact, as a whole and in its original packaging, in Colissimo followed, to the following address:
Luxury samples 16 BIS MEIX VALLANT 71330 SIMARD
To be accepted, any return must be reported in advance to the Customer Service of the company Samples de luxe.
The shipping costs are the responsibility of the company Samples de luxe except in the event that it turns out that the product taken back does not correspond to the declaration of origin made by the consumer in the return slip.
Article 16: Product Warranty, Liability
16.a.
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold.
16.b.
The consumer is expressly informed that the company Samples de luxe is not the producer of the products presented as part of the website, within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer thereof may be sought by the consumer, on the basis of the information on the packaging of the said product.
IN ADDITION, WE REMIND YOU THAT THE PRODUCTS, SERVICES AND INFORMATION OFFERED BY THE COMPANY SAMPLES DE LUXE DO NOT REPLACE IN ANY WAY THE VIGILANCE OF ADULTS AT ALL TIMES.
16.c.
The responsibility of the company Samples de luxe can not be engaged in case of non-compliance with the legislation of the country where the products are delivered. It is your responsibility to check with the local authorities about the possibilities of importing or using the products or services you plan to order.
16.d.
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the company Samples de luxe can not be engaged in case of error in one of these photographs or one of these texts.
16.e.
Hypertext links may refer to sites other than this site. The company Samples de luxe disclaims all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Article 17: Right of withdrawal
The consumer has a period of 7 calendar days to return, at his own expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. Any return must be reported in advance to the Customer Service of the company SAMPLES DE LUXE:
Priority by email: samplesdeluxe@hotmail.com
By phone at: +33615955325, 7/7 and 24/24h.
A return number will then be assigned to the product. The product must be returned to The company World Grands Crus, intact, in its entirety and in its original packaging, in Colissimo followed to the following address:
Luxury samples 16 BIS MEIX VALLANT 71330 SIMARD
Only products returned as a whole, in their complete and intact original packaging, and in perfect condition for resale, will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, the company Samples de luxe will make every effort to reimburse the consumer within 20 days. The consumer will then be reimbursed by cheque.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their performance will be delayed, hindered or prevented by unforeseeable circumstances or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all reasonable efforts.
The party affected by such circumstances will notify the other party within ten working days of becoming aware of them. The two parties will then come together, within one month, unless impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 19: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20: Non-waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general conditions are subject to French law. This is the case for both substantive and formal rules. In case of dispute the French courts will have sole jurisdiction. In the event of a dispute or complaint, the consumer will first contact The company Samples de luxe to obtain an amicable solution.
Article 23: Data protection
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Samples de luxe as part of the execution of this order. The consumer may write to the company Samples de luxe whose contact details are specified at the bottom of all the pages of the site, to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company, in the conditions Samples de luxe, by the Law of 6 January 1978.
Article 24: Intellectual Property
All content (texts, comments, books, illustrations, images, ...) displayed on this site is reserved under copyright as well as intellectual property and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under the Intellectual Property without the prior authorization of the company Samples de luxe.
Article 25: Commentary, criticism, communication
Opinions, opinions, comments and more generally all content of any format written or posted by consumers on this site are regularly reviewed by our teams. If a content violates the law and / or ethics (examples: abusive advertising, defamatory remarks, insults, comments out of context ...), The company Samples de luxe, reserves the right to refuse or modify the content concerned.
Article 26: Retention of title
THE COMPANY SAMPLES DE LUXE RETAINS OWNERSHIP OF THE PRODUCTS SOLD BY THE COMPANY SAMPLES DE LUXE UNTIL PAYMENT OF ALL PART OF THE PRICE AND / OR ANY ACCESSORIES. FAILURE TO PAY ANY DUE DATE MAY RESULT IN THE LUXURY SAMPLES COMPANY CLAIMING THE PRODUCTS. THE COMPANY SAMPLES DE LUXE WILL KEEP AS DAMAGES, ALL SUMS PAID TO IT BY THE CUSTOMER. IF THE PRODUCT HAS SUFFERED DETERIORATION OR HAS BEEN DESTROYED DURING THE CUSTODY OF THE CUSTOMER, THE LATTER WILL SUFFER ALL THE CONSEQUENCES, THE TRANSFER OF RISKS TO THE CUSTOMER OCCURRING AS SOON AS THE PRODUCT IS DELIVERED.