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Terms of Sales

 

Sacrécoeur, SASU company with a share capital of € 96,000.00, registered with the Lyon Trade and Companies Register under number 394 201 974 000 26, whose head office is located at 6 Allée de l’Exansion 69340 FRANCHEVILLE; telephone number: 04 74 16 0136 and intra-community VAT number: FR 733 942 01 974 (hereinafter referred to as “Sacrécoeur”) publishes the website accessible at the address www.sacrecoeurcollection.com.

1. SCOPE – ACCEPTANCE OF THE GTC

Sacrécoeur is pleased to welcome you to our Website (hereinafter referred to as the “Site”). This Site is an information and electronic commerce site accessible via the Internet and open to all non-commercial and adult natural persons exclusively (hereinafter referred to as the “Customer”) on which Sacrécoeur offers the brand’s clothing and accessories for sale. Sacrécoeur (hereinafter the “Products”).

For the application of these general conditions of sale, it is agreed that Sacrécoeur and the Customer will be collectively referred to as the “Parties”.

The Products offered for sale by Sacrécoeur are those which appear on the Site on the day of the consultation within the limit of available stocks and for the following countries (hereinafter the “Territory”):

 

Germany, Austria, Belgium, Denmark, Spain, Finland, France & Dom-Tom, Greece, Hungary, Italy, Luxembourg, Norway, Netherlands, Poland, Czech Republic, United Kingdom, Slovakia, Sweden, Switzerland.

 

In the event that one of the Products is unavailable, the Customer will be informed by email as soon as possible.

Any order for a product offered on the Site implies consultation and acceptance of these general conditions of sale by the Customer. As a result, the order cannot be validated without the Customer having checked the box “I certify having read these general conditions of sale, which I accept”.

Consequently, the fact of placing an order implies full and unreserved acceptance by the Customer of these general conditions of sale.

Sacrécoeur reserves the right to correct the content hereof at any time and without notice.

It is understood that these general conditions of sale remain valid, notwithstanding any modifications made, for all orders in progress on the day of said modifications. If a condition were to be lacking, it would be considered to be governed by the practices and French laws in force in the field of distance selling.

If one or more provisions of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court, the other provisions will retain all their force and their scope.

In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, the Customer can save or print these general conditions of sale, provided however that they do not modify them.

 

2. ORDERED

2.1. Ability to contract

The Client declares on honor that he has the capacity to contract in accordance with the law and in particular articles 425 and 1146 of the Civil Code, not to be a minor and not to be the subject of a measure of protection, in particular of guardianship.

2.2. Account creation

In the event of a first order, the Customer must open a “customer account” and fill out a form specifying certain compulsory fields so that his order can be taken into account by Sacrécoeur. Subsequently and for any new order, the Customer will identify himself using his e-mail address (username) and password (which he will be responsible for maintaining confidentiality).

The information provided by the Customer when opening his customer account or during each of his orders must be complete, accurate and up to date. Otherwise, Sacrécoeur will not be able to execute the orders. If the Customer does not wish to communicate such information, Sacrécoeur will not be able to respond favorably to his order. In the event of an error in the wording of the recipient’s contact details, Sacrécoeur cannot be held responsible for any consequences that this error could generate.

2.3. Placing the order – Product characteristics

It is up to the Customer to select on the Site the Products he wishes to order. Any order placed by the Customer is an order with payment obligation.

The main characteristics, properties and particularities of the Product are presented on the Site.The Customer is required to read them before placing an order.

Sacrécoeur takes the greatest care and the greatest accuracy in the presentation and description of the Products offered on the Site (including photographs and graphics) within the limits of the technique, the computer equipment used and in compliance with the best standards. of the market.However, it is possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.

The difference in perception between the Products and the photographs or graphics presented on the Site does not constitute a non-conformity of the delivered Product. Likewise, minimal variations in the representation of the Products can neither engage the responsibility of Sacrécoeur nor affect the validity of the sale.

Once the Product has been selected by the Customer on the Site page, the following page displays in particular the Product chosen, the description, the composition and the unit price; the Customer must then select the size before adding the said Product to his basket.

The automated order recording systems are considered as proof (not irrebuttable) of the nature, content and date of the order. Any confirmation of purchase by the Customer constitutes an irrevocable acceptance of an order which can only be modified or canceled within the limits provided for in these general conditions of sale and by law.

The order will only be taken into account by Sacrécoeur from the validation of the payment by the Customer on the Site.

At the end of the payment, a summary document of the order is sent by Sacrécoeur to the Customer, by e-mail to the e-mail address indicated by the latter, immediately and at the latest before delivery.

This document, which constitutes an acknowledgment of receipt of the Customer’s order, contains all the elements that make up the contract between the Parties. The Customer will have the opportunity to print the summary order form sent by email.

The Customer can follow the progress of his order at any time on the Site or contact Customer Service by email: eshop@sacrecoeurcollection.com for any question relating to his order.

Sacrécoeur reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, but also in the event of unavailability of the Products ordered. In the latter case, Sacrécoeur will inform the Customer by email as soon as possible and will reimburse the price invoiced by credit to the Customer’s bank card or his Paypal account.

 

3. PRICE

It is expressly agreed between the Parties that in the event of a breach by a party of one or the other of its obligations, the provisions of Article 1223 of the Civil Code will not apply.

3.1. In case of online purchase

The prices are indicated in Euros, all taxes included and for the territories concerned, excluding delivery costs and before any payment. They take into account the VAT rate applicable on the day of the order. Any change in the rate will be reflected in the prices of the Products after the date of entry into force of the new applicable rate.

All prices are subject to obvious typographical errors and / or computer bugs.

The prices are applicable during the period of validity mentioned on the commercial offer. They are established according to the economic conditions in force when the commercial offer is established. They can be revised or modified at any time by Sacrécoeur. These modifications, with the exception of those relating to fiscal and parafiscal taxes, will only be applicable to orders validated after this one.

Any order placed and delivered outside of France may be subject to possible taxes and / or customs duties upon arrival at destination. These customs duties and / or possible taxes related to the delivery of the order, are the responsibility of the Customer and are his responsibility. Sacrécoeur is not required to verify and inform the Customer of the duties and taxes applicable in the country of destination.

The Customer acknowledges and accepts that the prices of the Products are likely to vary between the Website and the stores, and that in any case this price difference can not justify a request for reimbursement, either total or partial of the Products purchased or on the Site. , or in stores.

 

4. SECURE PAYMENT

Any order placed on the Site obliges the Customer to immediately pay the price.

Payment will be made, in cash and in full, unless the server is unavailable, immediately on the Internet, by payment card issued in France or abroad by Carte Bleue, Visa and Eurocard / Mastercard.

The Customer’s bank card will be debited upon confirmation of the payment transaction made by the Customer in the secure payment environment integrated into the Site by Sacrécoeur’s financial partner. The Customer therefore authorizes his bank in advance to debit his bank card in view of the records or statements transmitted via said secure environment, even in the absence of signed invoices by the hand of the bank card holder.

Sacrécoeur reserves the right to refuse any order or any delivery in the event of an existing dispute with the Customer, total or partial non-payment of a previous order by the Customer, refusal of authorization of payment by bank card from banking organizations. , non-payment or partial payment. The responsibility of Sacrécoeur can then in no case be engaged.

 

5. DELIVERY

 5.1. Terms and rates

The order will be delivered to the address defined by the Customer no later than 10 working days from the validation of payment in accordance with article 2.3 above. When ordering, the Customer must precisely indicate his contact details as well as the delivery address, if it is different. An error in the delivery address, place of delivery or any other problem causing the need to make a new delivery will be invoiced to the Customer at the actual costs of the new delivery, which will be subject to payment of these additional charges.

5.2. Late delivery

In accordance with Article L221-15 of the Consumer Code, Sacrécoeur is responsible for the proper execution of the delivery; however, in the event of a strike or any other event of an exceptional nature having the effect of slowing down or preventing the delivery of parcels, Sacrécoeur will make its best efforts to inform the Customer of the status of the shipment of his parcel, but not may be held responsible for any delays caused.

In any event, delivery on time can only take place if the Customer has communicated to Sacrécoeur exact information on the recipient’s contact details. In the event of an error, Sacrécoeur cannot be held responsible for the impossibility of delivering the Products at the desired place and time.

Subject to the foregoing and in accordance with the provisions of article L216-2 of the Consumer Code, the Customer may terminate the contract in the event of non-compliance with the delivery deadline indicated, by registered letter with request for acknowledgment of receipt or in writing on another durable medium, on the condition, however, that the Customer has made a prior request to Sacrécoeur to make delivery within a reasonable additional time by registered letter with acknowledgment of receipt.

The Customer will then be reimbursed within (14) fourteen days from the date of termination of the contract (receipt of the second registered letter by Sacrécoeur) in accordance with the provisions of Article L216-3 of the Consumer Code.

5.3.Claim

In the event of partial loss or damage during delivery:

The Customer undertakes to check, at the time of delivery, the number of Products delivered and the absence of any transport damage and to indicate, if applicable, on the delivery note and in the form of handwritten reservations (clear reservations , precise and detailed) accompanied by his signature, any anomaly in this sense. The Customer must make a reasoned complaint sent by registered letter with acknowledgment of receipt within three (3) days of receipt of the Products ordered, to our Customer service at the following address:

AB Créations – 6 Allée de l ‘expansion – 69340 FRANCHEVILLE.

In accordance with the provisions of article L224-65, when the valet does not justify having given the Customer the possibility of actually checking the good condition of the Product, this period is extended to ten (10) days from receipt of the Product.

Otherwise, the Customer will be deemed to have received the Products in the quantity ordered and without transport damage and will not be able to claim any compensation.

In the event of total loss:
The Customer must make the same complaint to Customer service

In the event of non-conformity of the product delivered with the order:
The product may be refused, at no additional cost to the Customer, or returned to Customer Service, in perfect condition and in its original packaging or in a packaging allowing equivalent protection of the Product. It will be exchanged at no additional cost to the Customer.

 

6. LEGAL GUARANTEE

In accordance with legal provisions, it is recalled that Sacrécoeur guarantees the Customer, without additional payment and independently of the right of withdrawal:

  • lack of conformity of the goods sold under the conditions of Article L217-4 and following of the Consumer Code;
  • and hidden defects in the item sold under the conditions of articles 1641 and following of the Civil Code when acting on the basis of the legal guarantee of conformity, the Customer:
  • has a period of two years from the delivery of the goods to act;
  • may choose between repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.

The legal guarantee of conformity, with respect to which Sacrécoeur cannot exempt itself or limit its scope, applies independently of any commercial guarantee.

In the event that the action based on the warranty against hidden defects of the item sold is brought within two years of the discovery of the hidden defect by the Customer, under the conditions provided for in articles 1641 et seq. Of the Civil Code, the latter he may request either the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Subject to the foregoing, any return of a Product by the Customer is subject to the prior agreement of Sacrécoeur, who may obtain, on request, any element justifying the Customer’s claim: details, photographs, etc.

In the event of non-conformity of the delivered Product, the Customer may request Sacrécoeur either to repair or replace the Product concerned. However, Sacrécoeur may refuse the proposed modality in favor of the other modality, if the Customer’s choice entails a manifestly disproportionate cost compared to the other mode of possible compliance (article L. 217-9 paragraph 2 of the Code of the consumption).

In addition, the Customer may request a reduction in the price or termination of the contract in the following three cases (Article L. 217-10 of the Consumer Code): (i) if repair and replacement are impossible, (ii) if the requested compliance cannot be implemented within one month of the Customer’s complaint, and (iii) if the compliance cannot be achieved without major inconvenience for the Customer given the nature of the good and the use he seeks. However, termination of the contract cannot be requested for a minor lack of conformity.

In any event, the Products must be returned in their original condition and complete, accompanied by a copy of the delivery slip of the invoice or, failing that, the Customer’s contact details and his order number to the following address:
AB Créations – 6 allée de l’expansion – 69340 FRANCHEVILLE

The Customer is advised to provide proof of this return.

Products returned incomplete, modified, damaged or damaged by the Customer will not be reimbursed, replaced or repaired.

Subject to compliance with the conditions mentioned above, if the Customer incurs return costs on an item presenting a lack of conformity, verified by Sacrécoeur, Sacrécoeur will cover the reimbursement of the postal return costs up to the price list ( Colissimo delivery without registered mail) posted by La Poste on March 1 of the current year using the payment method used to pay the order (credit to the bank account linked to the bank card used), within thirty (30 ) days following receipt by Sacrécoeur of the returned Products. The Customer must send proof of the return costs incurred to Customer Service by email at the following address: eshop@sacrecoeur-collection.com. In the event of abnormal or abusive complaints, Sacrécoeur reserves the right to refuse reimbursement of return costs incurred by the Customer.

 

7. WITHDRAWAL PERIOD

In accordance with Law n ° 2014-344 of March 17, 2014 relating to consumption, the Customer has a period of fourteen (14) calendar days from receipt of the Products ordered on the Site to exercise his right of withdrawal without having to justify reasons or pay penalties. . If the Customer wishes to use his right of withdrawal, he must do so by means of the withdrawal form provided for this purpose and available from customer service at the following address: eshop@sacrecoeurcollection.com.

The Customer must return the Products at his expense. Only Products returned in perfect condition for resale, unworn (excluding brief fitting to ensure that the product is suitable for the Customer), labeled, unwashed and in their original packaging and packaging or in packaging ensuring a equivalent protection of the Product, at the following address:

AB Créations – 6 allée de l’expansion – 69640 FRANCHEVILLE.
Under no circumstances may the Products be returned to the store.

In accordance with Article L221-23 of the Consumer Code, the Products must be returned by the Customer no later than fourteen (14) days following the communication of his decision to withdraw. It will be up to the Customer to provide proof of this return, the costs and risks of return weighing on the Customer.

Subject to compliance with the deadline and conditions mentioned above, Sacrécoeur will reimburse all sums paid by the Customer (including the costs of the initial delivery possibly invoiced by Sacrécoeur to the Customer) using the payment method used. To pay for the order (credit to the bank account linked to the bank card used), and this within fourteen (14) days of the date on which the Customer has informed Sacrécoeur of the execution of his right of withdrawal.

In the event that the conditions for exercising the right of withdrawal described above have not been respected while the Product has been returned by the Customer to Sacrécoeur, the Customer may again receive the Product at his own expense. would have returned, in the state in which it was returned to Sacrécoeur.

Any withdrawal made after the period of fourteen (14) days will be rejected and Sacrécoeur will be released from all liability.

 

8. RESPONSABILITY

All Products sold by Sacrécoeur comply with the standards applicable in France.

Sacrécoeur cannot be held liable, including under legal guarantees, in the following cases:

  • Non-compliance by the Customer with the maintenance or cleaning instructions for the Product,
  • Normal wear and tear of the Product,
  • Abnormal use or conservation of the Product,

In any event, the assumption of responsibility for indirect and / or immaterial damage is excluded. Sacrécoeur’s warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Sacrécoeur only has an obligation of means for all stages of access to the Site, from the ordering process to the finalization of payment.

Sacrécoeur assumes no liability or guarantee in the event of a malfunction of the Internet, in particular in the event of delay in transmissions or any other malfunction. Sacrécoeur cannot guarantee the absence of interception of messages transmitted electronically.

Sacrécoeur cannot be held responsible for damage, temporary or permanent, caused to the Customer’s computer system or for any loss or damage that may be suffered, in particular as a result of accessing or browsing the Site.

The transmission of data via the Internet may lead to the appearance of errors and / or the fact that the Site is not always available. Consequently, Sacrécoeur cannot be held responsible for the availability and interruption of the online service.

Sacrécoeur assumes no liability of any kind whatsoever in the event that a Client has fraudulently used the Site.

 

9. FORCE MAJEURE

The responsibility of Sacrécoeur cannot be sought in the event of delay in the performance or the impossibility to perform, totally or partially, its obligations as a result:

a case of force majeure as defined in case law, labor dispute, partial or total strike at the vendor’s, suppliers, service providers, carriers, telecommunications, public services, etc., the interruption of supplies and supplies of energy and transport general administrative decisions, or any other cause unrelated to Sacrécoeur.

The Party noting the event of force majeure must immediately inform the other Party of its inability to perform its obligations. The suspension of its obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages.

As soon as the cause for suspension of their obligations ceases, the Parties will make their best efforts to resume normal performance of their obligations.

Beyond a period of thirty (30) days of interruption of deliveries due to force majeure or the like, Sacrécoeur reserves the right not to honor the order, on condition of reimbursing the Customer within thirty ( 30) days following cancellation.

 

10. NON RENONCIATION

Le fait que Sacrécoeur s’abstienne d’exiger à un moment donné l’exécution de l’une quelconque des dispositions des présentes CGV ne peut être interprété comme valant renonciation à invoquer ultérieurement ladite inexécution totale ou partielle.

 

11. APPLICABLE LAW – LANGUAGE

These general conditions of sale and the order confirmation sent to the Customer form a contractual whole and constitute the entire contractual relationship between the parties.

These T & Cs and the operations resulting from them are governed and subject to French law. These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

 

12. JURISDICTION

All disputes to which the purchase and sale transactions concluded pursuant to these GTCS may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between Sacrécoeur and the Client, will be submitted to the competent courts under the conditions of common law.

The Client is informed that he may in any event resort to conventional mediation, in particular through the “Online Dispute Resolution” (ODR) platform accessible at the following address http: //ec.europa .eu / consumers / odr / or to existing sectoral mediation bodies, and the references of which are given below, or to any alternative dispute resolution method (conciliation, for example).

Mediator’s contact details: https://conso.medicys.fr/ or by post Medicys, 73 boulevard de Clichy, 75009 Paris

13. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these T & Cs and all the information and information referred to in Articles L. 111-1 to L. 111-7 of the Code ofconsumption, and in particular:

– the essential characteristics of the Products, taking into account the communication medium used and the Products concerned;

  • the price of the Products and associated costs (delivery, for example);
  • in the absence of immediate performance of the contract, the date or time limit at which Sacrécoeur undertakes to deliver the Product;
  • information relating to the identity of the seller (Sacrécoeur), its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context;
  • information relating to legal guarantees and their implementation methods;
  • the functionalities of the digital content and, where applicable, its interoperability;
  • the possibility of resorting to conventional mediation in the event of a dispute;
  • information relating to the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right and standard withdrawal form), the cost of returning the Products and other important contractual conditions.

The fact that a Customer places an order on the Site implies full and complete acceptance and acceptance of these GTCS, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against Sacrécoeur.