Terms of Use and General Sales

Last update: 16/03/2022
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TERMS AND CONDITIONS OF ON-LINE SALES

Foreword

These Terms and Conditions of Sale (hereinafter called the “Terms and Conditions of Sale”) govern the entire relationship between the company 24 Sèvres (hereinafter called “24 Sèvres” or the “Vendor”) and the person (hereinafter called the “Customer”) who orders one or several products on the website 24s.com (hereinafter called the “Website”).

24 Sèvres is a worldwide distributor of luxury ready-to-wear clothing and accessories for both men and women as well as beauty products. The retail products on the Website are destined to final customers only as defined by law and case law. The Customer declares that the purchase of products on the Website does not have any direct relationship with a business activity and is limited to strictly personal use. Any Order that obviously does not correspond to a retail sale and, more generally speaking, any fraudulent Order or Order deemed to be such, will be considered by 24 Sèvres to be null and void.

Before confirming the Order, the Customer confirms that he has read and understood the Terms and Conditions of Sale and expressly declares to accept it when he confirms its Order by pressing « PAY » button.

For the purposes of these Terms and Conditions of Sale, the Customer and 24 Sèvres are individually or collectively referred to as the « Party » or the « Parties ».

1. Identification of the Vendor

These Terms and Conditions of Sale are those of the company 24 Sèvres, a simplified share company (SAS) with a capital of 40.000 euros, Paris Trade Register n° 797 737 293, located at 24-32 rue Jean Goujon, Paris (75008).

2. Purpose

The purpose of these Terms and Conditions of Sale is – on the one hand - to inform any potential Customer of the terms and conditions under which 24 Sèvres sells and delivers the products ordered and – one the other hand - to define the rights and obligations of the Parties in relation to the sale of products by 24 Sèvres to the Consumer.

Said Terms and Conditions of Sale apply, without any limitation or qualification, to the sale of all products proposed by 24 Sèvres:

- on the Internet at www.24s.com.

- on the Appstore service in the form of a mobile application to be used on iOS compatible devices

As a result, the fact that the Customer orders a product proposed for sale on the Website, regardless of the media used, signifies full acceptance of these Terms and Conditions of Sale, which the Customer acknowledges having read before placing an Order.

These Terms and Conditions of Sale are completed by the Legal notices and the Confidentiality and Cookies Policy.

3. Basis of agreement and placing of Orders

3.1. Product characteristics

The Customer can consult the essential characteristics of the product(s) proposed on the Website before placing an Order. The Customer acknowledges having read and understood the Terms and Conditions of Sale at the time of placing the Order and expressly declares that he/she accepts them without reservation.

For all questions relating to the products and their use, the Customer can contact the Customer Service.

3.2. Availability

The offers presented by 24 Sèvres are valid while they remain on the Website and within the limit of available stocks.

For products not stocked in its warehouses, the offers presented by 24 Sèvres are valid subject to availability. Indications concerning the availability of the products are provided to the Customer at the time of the Order. Since the information comes directly from the suppliers, errors or changes can exceptionally exist.

When the Customer choses “Click & Collect”, the products ordered are delivered directly by 24 Sèvres to the corresponding dedicated area on the -1 floor of Le Bon Marché department store at 24 rue de Sèvres, 75007 Paris.

Whatever the circumstances and in the case of total or partial unavailability of the products after the Order is sent, the Customer will be informed by email as soon as possible that the product is unavailable and that the Order has been totally or partially cancelled.

In the case of total cancellation of the Order by 24 Sèvres:

- The Customer’s Order will be automatically cancelled and the Customer’s bank account will not be debited.

- 24 Sèvres’ Customer Service will contact the Customer to indicate cancellation of the Order

3.3. Prices

The sales price of the on-line products sold on the Website, indicated in multiple currencies. Indicated prices are the ones in force at the time at which the Customer placed the Order.

For some countries, the available currencies are limited to the ones indicated in the spreadsheet below.

Suisse

Hong kong

Canada

Australie

Chine

Corée du sud

CHF

HKD

CAD

AUD

CNY

KRW

USD

USD

USD

USD

USD

USD

EUR

EUR

EUR

EUR

EUR

EUR

GBP

GBP

GBP

GBP

GBP

GBP

The sales price of the products can be changed by 24 Sèvres at any time. Any changes will be indicated to the Customer before the Order is completed.

Considering the fact that 24 Sèvres and Le Bon Marché are two separate entities, the prices on the Website can be different form the prices in Le Bon Marché store. The Customer shall not be entitled to ask either to 24 Sèvres or Le Bon Marché to apply the prices applied by the other.

Prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the Order is confirmed by the Customer. The different methods of shipping are indicated in the section « DELIVERY AND RETURNS ». They can be changed at any time by 24 Sèvres.

Orders placed outside the European Union are “Delivery Duty Paid” (except for Russia, Azerbaijan and Ukraine). All applicable taxes will therefore be paid by the Customer when placing the Order.

3.4. Order

By placing an Order, the Customer accepts these Terms and Conditions of Sale and the Confidentiality and Cookies Policy, notwithstanding any special contractual conditions between the Parties.

Before validating the Order, the Customer can check the details of the draft Order and correct any errors.

The on-line sales agreement is concluded when the Customer confirms the Order by clicking on the “PAY” button (herein called the “Order”).

The Customer is deemed to accept the following with full knowledge and consent: the content and conditions of the Order and these Terms and Conditions of Sale in particular, the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Customer and the fact that the Order implies an obligation of payment.

Once this step has been validated, the Customer can no longer cancel the Order. The sale will then be final (unless the Customer exercises the right of cancellation during the withdrawal period). The Order will be confirmed to the Customer by email. Another email will inform the Customer of the shipping date of the Order.

If an Order is to be delivered “Click & Collect”, the Customer will receive an email confirming the Order after Purchase. The Customer will then be informed by email of the date on which the Order will be available for pick-up at Le Bon Marché.

24 Sèvres recommends that the Customer should keep these emails in printed or electronic form. The Customer is informed that the emails are sent to the email address given by the Customer. Thus, if there is an error in the email address or the Order confirmation message is not received, 24 Sèvres cannot be held liable.

It should be remembered that purchases made on the Website are reserved for non-professional private customers for their own use (or as gifts in their family circle). 24 Sèvres only sells products in quantities that correspond to the average requirements of a household.

In pursuance of article L121-11 of the French Consumer Code, 24 Sèvres reserves the right to refuse or cancel, for legitimate reasons, any Order for which the number of products or the amount to be paid (for one or several orders combined) does not correspond to the average usual use of a household or that would indicate that a business activity is being carried out by the Customer in relation to the products ordered or, more generally speaking, any abnormal Order in the meaning of the applicable case law.

Finally, 24 Sèvres reserves the right to suspend or cancel the processing of an Order and/or delivery regardless of its nature or stage of processing, in the following cases: non-payment of any or all of the amount owed by the Customer, a payment incident, fraud or attempted fraud relating to the use of the Website, including on the occasion of previous Orders.

The Customer agrees that 24 Sèvres can use the personal data provided to carry out appropriate anti-fraud investigations. The personal data provided by the Customer can be transferred to a credit rating agency or fraud control agency which can keep a record of the data.

4. Payment

24 Sèvres will be entitled to collect the full price corresponding to the Order:

- For all orders except for Click & Collect and those paid using Paypal: as soon as the Order is confirmed;

- Click & Collect Orders: when the Order is picked up from Le Bon Marché.

The Customer can pay for the Order on the Website under the conditions set out below. The Customer warrants 24 Sèvres that it has the necessary authorizations to use the payment method chosen for the Order when the Order was registered.

All Orders must be paid for. Orders can be paid in EUR, GBP, USD, CAD, CHF,HKD, AUD, CNY, or KRW including all compulsory taxes and fees. Some currencies are only available for specified territories. Any bank charges will be paid by the Customer (including in the case of a refund).

4.1. Bank and credit cards

The following bank and credit cards are accepted on the Website: Carte Bleue, Visa, American Express, Master Card, UnionPay.

4.2. Paypal

The Customer can use a PayPal account to pay for the Orders on the Website. Any purchase by PayPal will be automatically subject to the User Agreement for PayPal Service and to the PayPal Privacy Policy.

Orders to be delivered in Korea cannot be paid in KRW via Paypal but can be paid with USD only.

4.3. Klarna

The Customer can use Klarna to pay for the Orders on the Website. Any purchase by Klarna will be automatically subject to the User Agreement for Klarna Service.

Klarna Service is only available in the following countries :

4.4. Security of payment transaction

Within the framework of the fight against Internet fraud, the data relating to the Customer’s Order may be transferred to any third party authorized by the law or appointed by 24 Sèvres with the sole purpose of checking the Customer’s identity and validating the Order, the payment method used and type of delivery.

After the above verification, 24 Sèvres reserves the right to request a photocopy of the Customer’s ID and/or any information relating to the Customer’s identity. The Customer has the right to access, amend and remove any data of a personal character processed by 24 Sèvres, under the conditions set out in the Confidentiality and Cookies Policy.

5. Delivery and Acceptance

5.1. General rules

The products ordered by the Customer in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Customer as the delivery address for the Order concerned.

24 Sèvres also proposes delivery to 24S dedicated delivery area on the -1 floor of Le Bon Marché department store (“Click & Collect” delivery), 24 rue de Sèvres in Paris (75007) for Customers residing in France or passing by France.

Certain beauty products (aerosols, perfumes, nail varnish, etc.) are considered to be hazardous products for transport. As a result, we take every necessary precaution and apply the rules for the transport of hazardous materials (IATA, ADR). Certain types of delivery may therefore not be proposed to the Customer when placing the Order and it may not be possible to return the products in certain countries/regions.

A CITES certificate will be enclosed with certain protected materials (leatherwear and furs) when they are sent to non-European countries.

24 Sèvres delivers to all the countries in the European Union in addition to Monaco and the French overseas territories. 24 Sèvres also delivers to numerous countries worldwide, a complete list of which is available in the FAQ.

24 Sèvres offers standard and express delivery options. The Customer can check the current shipping rates and costs by consulting the FAQ. The delivery time of the Order will be indicated during the validation of the Order and will be specified again in the confirmation e-mail of the Order.

5.2. Specific rules

To know the specific characteristics of the delivery, the Customer is invited to consult the section " DELIVERY AND RETURNS ".

6. Right of withdrawal

6.1. Right and period of withdrawal

In pursuance of article L.221-18 of the French Consumer Code, the Customer has fourteen (14) days from the day of receipt of the parcel containing the ordered products to change their mind without having to give a reason for the decision.

To ensure that its Customers and recipients of the Order are fully satisfied, 24 Sèvres will accept the return of the products ordered on the Website after expiry of the legal period. The Customer or the recipient of the Order has thirty (30) days from the date of receipt of the Order to return the products.

6.2. Products excluded from the right of withdrawal

In pursuance of article L.221-28 of the French Consumer Code, the withdrawal period does not apply to Orders concerning:

- the supply of goods made according to the consumer’s specifications or clearly personalised

- the supply of goods which were unsealed after delivery and cannot be returned for reasons of hygiene or health protection

These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

In compliance with tax regulation, the right of withdrawal does not apply if the Order benefited from tax refund.

6.3. How to cancel the purchase during the withdrawal period

The Customer or, where applicable, the recipient of the Order, must inform 24 Sèvres of their wish to benefit from its right of withdrawal. The Customer must contact the Customer Service and notify its wish to benefit from its right of withdrawal. The Customer can use the termination notice appended to these Terms and Conditions of Sale and send it by post to the following address:

- Postal adress: 24 Sèvres – Withdrawal – 10 Boulevard de Grenelle, Paris (75015)

- Email: bonjour@24s.com

Customer Service will specify the terms and conditions for the collection or return of the Order.

The Customer is informed that it is not technically possible for 24 Sèvres to stop the products being sent once the Order has been validated. The Order will then be sent to the Customer and the Customer undertakes to return the products upon receipt of the Order to benefit from its right of withdrawal.

The Customer can also return the Order to the “Click & Collect” dedicated area on the -1 floor of Le Bon Marché, 24 rue de Sèvres, Paris 75007. 24 Sèvres will immediately register the Customer’s request to benefit from its right of withdrawal and shall refund the price of the returned Products.

24 Sèvres will refund the Customer for the amount of the delivery costs by sending a return label to the Customer.

24 Sèvres will proceed with the refund using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees to a different means proposed by 24 Sèvres

The refund will be made no later than fourteen (14) days from the date on which the Customer is informed of his decision to withdraw. Nevertheless, 24 Sèvres can the company may defer the refund until the products are fully recovered.

It is specified that a product having benefited from a discount will be refunded at the price actually paid by the Customer.

6.4. General provisions applicable to all types of returns

The products must be returned to 24 Sèvres in a saleable condition (products in perfect condition in the original packaging, together with any accessories, instruction booklets, certificates of authenticity, etc.) at the latest thirty (30) days after the date of receipt thereof. For shoes, we highly recommend that you try your shoes on a clean floor which would not alter the sole, such as a carpeted surface. Returns of underpants, swimwear and bikini bottoms may be accepted if they have been tried on over underwear. For hygiene reasons, the return may be denied and the item returned to the Customer if adhesive protection has been removed or if the article is stained.

Products returned after this deadline will not be accepted. The products must be returned using the return label sent by 24 Sèvres. The Customer and the recipient of the Order, if different from the Customer, are informed that using the return label facilitates processing of the return by 24 Sèvres.

The Customer or the recipient of the Order, if different from the Customer, is therefore invited to use the return label.

Regarding the returns through the dedicated space in the store Le Bon Marché, the Customer can simply present the invoice corresponding to the returned Order.

If the Customer returns the articles using their own means and at their own expense, it is recommended keeping proof of return of the item by registered post or by any other method which provides a record of the shipping date. The Customer must insure the parcel against loss for the value of the contents. 24 Sèvres shall not be held liable for the loss of a parcel returned by the Customer using their own means.

The Customer may be held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products. In this case 24 Sèvres may deduct the difference between the value of the product returned and its initial value when making the refund.

6.5. Return by post

In addition to the conditions set out in article 6.1 of these Terms and Conditions of Sale, the Customer or the recipient of the Order who wishes to benefit from the legal or contractual withdrawal period by returning a product by post must follow the instructions below:

- Use the original packaging to return the product(s) concerned;

- Send the parcel or letter by registered post with recorded delivery to the following address:

24 Sèvres – Avenue de Madrid– ZAC Paris Oise – 60126 Longueil-Sainte-Marie

24 Sèvres will not accept parcels or letters sent collect (postage due).

For products subject to customs formalities (leatherwear, furs, etc.), the Customer must obtain the necessary CITES certificates from the local authorities beforehand for customs clearance.

7. Warranties

7.1. Statutory guarantees and warranties

All products sold on the Website benefit from the statutory guarantee (as defined in articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code) which means that the Customer can return products that are delivered with defects or do not comply with the contract of sale.

7.1.1. Statutory guarantee

The French Consumer Code stipulates the following in relation to statutory guarantees:

  • Article L.217-3: “The seller shall deliver goods that conform to the contract and to the criteria set forth in Article L. 217-5. He answers for the defects of conformity existing at the time of the delivery of the good within the meaning of article L. 216-1, which appear within two years as from this one. (...) The seller is also responsible, during the same period, for defects of conformity resulting from the packaging, the assembly instructions, or the installation when the latter was put at his charge by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.”
  • Article L.217-4: “The good conforms to the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose intended by the consumer, brought to the seller's attention no later than at the time of the conclusion of the contract, and which the latter has accepted; 3° It is delivered with all the accessories and installation instructions, which are to be provided in accordance with the contract; 4° It is updated in accordance with the contract.”
  • Article L.217-5: “I.- In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria: 1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; (...); 4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect; (...) ) 6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.”

7.2.2. Warranty against hidden defects

The French Civil Code stipulates the following in relation to the warranty against hidden defects:

  • Article 1641: “The seller warrants the goods sold against hidden defects which make them unsuitable for their intended purpose, or which reduce their possible use to such an extent that the purchaser would not have bought them or would have paid less, had they known”.
  • Article 1648: “Any action resulting from latent defects must be instituted by the purchaser within two years of the discovery of the defect. In the case set out in article 1642-1, the action must be instigated, under pain of debarment, within one year of the date on which the seller can be discharged from liability for visible defects or lack of conformity.”
7.1.3. Exclusion from warranties

Products that have been modified, repaired, incorporated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not apply to products damaged during transport or due to improper use.

7.2. Mise en œuvre des garanties légales

In the case of a statutory guarantee, the Customer:

- has two years from the time of delivery of the goods to make a claim;

- can choose between having the goods repaired or replaced, under the price conditions set out in article L217-12 of the French Consumer Code;

- is dispensed from providing proof of lack of conformity of the goods for six months from the time of delivery. This period is extended to twenty-four months as of March 18, 2016, except for used goods.

Statutory guarantees and warranties apply independently of any commercial guarantees or warranties that may be granted.

The Customer can decide to use the warranty against hidden defects of purchased goods in the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between cancellation of the sale or reduction in the sales price in pursuance of article 1644 of the Civil Code.

For any request concerning statutory guarantees and warranties, the Customer can contact the Customer Service (see article 12 of the Terms and Conditions of Sale).

These provisions do not exclude the withdrawal period defined in article 6 above.

7.3. Consequences of applying guarantees and warranties

In the case of application of the statutory guarantee and depending on the Customer’s choice, 24 Sèvres shall:

- Either replace the product with another identical product according to the stocks available,

- Or refund the price of the product if its replacement by another product should prove impossible.

In the case of application of the statutory warranty against hidden defects and depending on the Customer’s choice, 24 Sèvres shall, after assessing the defect:

- Either refund the full price of the returned product,

- Or refund part of the price if the Customer decides to keep the product.

8. Retention of ownership

24 Sèvres retains full ownership of the products sold until the full price has been completely paid, including the principal, expenses, taxes and compulsory contributions.

9. Intellectual property

The 24 Sèvres and 24S brands, in addition to all figurative and other marks, illustrations, images and logos, all content on the Website (including but not limited to these Terms and Conditions of Sale), is and shall remain the exclusive property of 24 Sèvres or the owner of the intellectual property rights concerned.

Any total or partial reproduction, modification or use of said marks, illustrations, images and logos or any other content on the Website, for any reason and on any media whatsoever, without the prior, written consent of 24 Sèvres or the owner of the intellectual property rights concerned is strictly prohibited. The same applies to all copyright, designs and patents represented and/or used on the Website.

10. Signature and proof

24 Sèvres shall do everything possible to protect the personal data of its customers by ensuring a high level of security, but the Customer also has a role to play in protecting personal data. In particular, the Customer must ensure the security of their on-line transactions, for example, by not communicating their ID (Customer’s email address) and/or password to anyone else and by regularly changing the password.

In this respect, 24 Sèvres cannot be held liable for the disclosure of information concerning the Customer to anyone having used their ID (Customer’s email address) and/or password. In this respect, use of the Customer’s ID (Customer’s email address) and/or password is deemed to be proof of identity, and the obligation, on validation of the Order, to pay the corresponding amount.

In no event can 24 Sèvres be held liable for the fraudulent use of the above data. Providing credit or bank card details and final validation of the Order are deemed to be proof of acceptance of the Order and the obligation to pay the expenses incurred by clicking on the products in the Order.

The computer registers, kept in 24 Sèvres’ IT systems and those of its partners, will be deemed to be proof of any communications, Orders and payments which may take place between the Parties.

The Parties agree that all data, information, files and any other digital element exchanged between the Parties shall constitute admissible, valid, enforceable evidence with the probative force of a private deed.

The Parties agree not to contest the admissibility, validity, enforceability or evidential value of the aforementioned elements of an electronic nature or format, on the basis of their electronic nature. Unless proven otherwise, these elements will be valid and enforceable between the Parties in the same way, under the same conditions and with the same evidential value as any document that would be established, received or kept in writing.

11. Code of good conduct

24 Sèvres respects the Ethics Code and e-commerce mediation system of FEVAD, the French e-commerce and distance-selling federation. Said rules of good conduct are set out in an official document in French entitled the “Ethics Code of e-commerce and distance selling” accessible here in French version only.

12. Customer Service / Mediation Service

For all additional information relating to the products or services rendered by 24 Sèvres, to an Order, a return, a complaint or for any additional information, the 24 Sèvres’ Customer Service can be reached

- By calling (see the opening hours and the phone numbers available according to your country under “Contact Us” on the Website):

o For France: 0800 945 423 (toll free service in France)

o For international calls: +33 (0) 1 70 37 14 79 (price of an international call to France)

- By mail: bonjour@24s.com

In pursuance of the provisions of the French Consumer Code concerning amicable settlement of disputes, 24 Sèvres subscribes to the e-commerce mediation service of FEVAD, the French e-commerce and distance-selling federation, whose details are as follows: 60 rue La Boétie 75008 Paris / http://www.mediateurfevad.fr. (http://www.mediateurfevad.fr/index.php/espace-consommateur)

If a claim is not solved amicably by 24 Sèvres’ Customer Service, and after a prior written procedure with respect to 24 Sèvres, the Mediator Service may be consulted for any consumer dispute which has not been settled otherwise.

At European level, the European Commission also provides an online dispute resolution platform for Customers: http://ec.europa.eu/consumers/odr/ .

13. Liability

13.1. Legal capacity

Before placing the Order, the Customer declares that they have the full legal capacity to contract in pursuance of these Terms and Conditions of Sale. 24 Sèvres cannot under any circumstances be held liable for checking the legal capacity of its browsers and Customers. As a result, if a person without the legal capacity to contract should order goods on the Website, the person’s legal guardians (parents, guardian etc.) must assume entire responsibility for the Order and pay the corresponding costs.

13.2. Disclaimer

24 Sèvres shall not be held liable in the case of non-performance of any of the obligations resulting from these Terms and Conditions of Sale due to third party negligence even when foreseeable, negligence on the part of the Customer, force majeure as defined by the French courts or any other event which could not reasonably be kept under the exclusive control of 24 Sèvres.

The information accessible on the Website is provided “AS IS” without any guarantee of any kind, either implicit or explicit, concerning the integrity, accuracy, up-to-dateness, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services on the Website nor their fitness for the use that the Customer intends to make of them.

24 SEVRES DECLINES ALL RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE WEBSITE. IF THE LIABILITY OF 24 SEVRES SHOULD BE ESTABLISHED AND ACCEPTED DUE TO LOSS OR DAMAGE SUSTAINED BY THE CUSTOMER AND ATTRIBUTABLE EXCLUSIVELY TO HAVING PLACED AN ORDER, SAID LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE CUSTOMER TO 24 SEVRES.

Any claims made by a user, including the Customer, against 24 Sèvres must take place within six (6) months of the occurrence of the event underlying the claim.

14. Data processing

24 Sèvres collects the Customer’s personal data and, where applicable, that of the recipient of the Order. The end purpose, recipients, storage time and conditions under which 24 Sèvres collects and processes personal data are presented in the Website’s Confidentiality and Cookies Policy which details all the information relating to the processing of personal data as well as the rights of the persons concerned in connection with such processing.

15. Editing of Terms and Conditions of Sale

24 Sèvres reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, 24 Sèvres recommends that the Customer and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Confidentiality and Cookies Policy. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

16. General

16.1. Partial invalidity

If any of the provisions of these Terms and Conditions of Sale are held or declared to be invalid in application of an act or regulation or following the final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.

16.2. Non-waiving of obligations

The fact that one of the Parties does not presume on a breach by the other Party of any of the obligations set out in these Terms and Conditions of Sale cannot be interpreted in the future as waiving the obligation concerned.

16.3. Applicable law and competent jurisdiction

Sales of products on the Website is governed by French law regardless of the country of residence of the Customer and where the Order was placed.

In the event of a dispute, the Customer may first contact the 24 Sèvres’ Customer Service to seek an amicable settlement.

ANY DISPUTE THAT MAY ARISE RELATING TO THE INTERPRETATION, PERFORMANCE OR BREACH OF THE AGREEMENT BETWEEN 24 SÈVRES AND THE CUSTOMER SHALL BE SUBMITTED TO THE EXCLUSIVE COMPETENCE OF THE FRENCH COURTS IN APPLICATION OF THE RULES DECREED BY THE FRENCH CODE OF CIVIL PROCEDURE, EVEN IN THE CASE OF DIVERSITY OF DEFENDANTS.

16.4 Term of agreement

The Terms and Conditions of Sale shall apply throughout the period during which the products are offered for sale on the Website by 24 Sèvres up until the end of the warranty period. Whatever the circumstances, the “Liability” clause shall survive extinguishment of the Terms and Conditions of Sale.

ANNEXE 1 : TERMINATION FORM

This form is to be completed and sent with the Order number only if you wish to terminate the agreement. We recommend that you indicate your Order number

To 24 Sèvres, 10 boulevard de Grenelle, 75015 Paris

Email: bonjour@24sevres.com

I hereby inform you that I wish to terminate the agreement concerning the sale of the goods below:

- Ordered on [……………..] (*) received on [……………..] (*)

- Name of consumer(s):

- Address of consumer(s):

- Signature of consumer(s) (only if a printed version of the form is used)

- Date:

(*) delete as appropriate

For any additional information, 24 Sèvres Customer Service can be reached by calling 08 00 94 54 23 (toll free service in France) or +33 1 70 37 14 79 in all other countries, during the opening hours of the service indicated under “Contact Us” on the Website.

For any information relating to your Order or a return, you can contact us by calling 08 00 94 54 23 (toll free service in France) or +33 1 70 37 14 79 in all other countries, during the opening hours of the service indicated under “Contact Us” on the Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

AERON Zrt., Private Limited Company by Shares with a capital of 162 989 euros, registered in Hungary under the number 01-10-140979, with registered offices at 1051 Budapest, Dorottya utca 1., Hungary.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: AERON Zrt., 1051 Budapest, Dorottya utca 1., Hungary

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Aeffe Retail, Società per Azioni S.P.A. with a capital of 8,585,150.00 euros, registered in the Registro delle Imprese della ROMAGNA - FORLI'-CESENA e RIMINI under number 03013610153, with registered offices at Via Delle Querce, 51, 47842 San Giovanni in Marignano (RN).

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Aeffe Retail S.P.A., VIA DELLE QUERCE 51, 47842 SAN GIOVANNI IN MARIGNANO (RN).

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Agnelle, SAS with a capital 464 100 euros, registered in the RCS de Limoges with number numéro 440 184 281 00010, with registered offices at 30 Boulevard de la République, 87200 Saint-Junien, France.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Agnelle, 30 Boulevard de la République, 87200 Saint-Junien

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Apparis, Inc, registered in the Delaware under number 20196393680, with registered offices at 255 Canal Street, New York, NY 10013, USA.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Apparis, Apparis Inc, 255 Canal Street, NY 10013, USA.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Atelier Paulin SAS, with a capital of 4165 euros, with registered offices at 60 Rue de Richelieu - Paris (75002), and registered in the Trade and Companies Register of Paris under the number 808 575 195.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Eurostep Commerce Srl, Via Feltrina Sud 192, 31044 Montebelluna (TV) - Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

VIEMME, SRL with a capital of € 10.000 euros, registered in the REA 1570668, with registered offices at Via Cesare Correnti 26, 20123 Milano, Italy.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: ATELIER VM; Corso Genova 1, 20123 Milano, Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

AMS DESIGN SAS, with a capital of 13 294 800 euros, registered in the Paris register with number 822 2044 632 with registered offices at 8 place vendôme 75001 Paris, France.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Agnelle, 30 Boulevard de la République, 87200 Limoges

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Axel Arigato AB, Private Limited Company, with a capital of 6448 SEK, total equity 5 364 172 SEK, registered with the Trade and Companies register of Bolagsverket, Sweden, under number 556953-0438, of with registered offices at Västra Hamngatan 20, 411 17, Gothenburg, Sweden.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Axel Arigato AB, Västra Hamngatan 20, 411 17, Gothenburg, Sweden

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

The company Haeres Equita S.r.l., Limited Liability Company with a capital of 10.000,00 euros, registered in the Trade and Companies Register of Alessandria (Italy) under number 02471250064, with registered offices at corso Garibaldi 122, 15048, Valenza (AL), Italy.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Haeres Equita S.r.l., corso Garibaldi 122, 15048, Valenza (AL), Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Brunello Cucinelli, S.p.A. with a capital of 13,600,000.00 euros, registered in the Registro delle Imprese di Perugia number 01886120540, with registered offices at Corciano, fraz. Solomeo, Viale Parco dell’Industria, 6 – 06073 (Italy).

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Brunello Cucinelli S.p.A., Corciano fraz. Solomeo, Viale Parco dell’Industria, 5 – 06073 (Italy)

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Charlotte Chesnais/CC&RASPAIL, SAS with a capital of de 10.000 euros, registered in RCS Paris, with number 8078871460 registered offices at 16 rue Cassini 75014 Paris.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: CC&RASPAIL, 16 rue Cassini 75014 Paris

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Closed Direct, GmbH with a capital of 25.564,60 euros, registered in the Handelsregister B des Amtsgerichts Hamburg under the number HRB 56292, with registered offices at Strassenbahnring 6, 20251 Hamburg.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Closed Direct GmbH c/o Fuljoyment AG Heinrich-Seidel-Str. 5 19071 Brüsewitz Germany

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Cecilie Bahnsen, Limited liability company, registered in Denmark as Cecilie Bahnsen Aps with the VAT number 39699419, with registered offices at Kristianiagade 14-16, 2100 Copenhagen.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Cecilie Bahnsen, Kristianiagade 14-16, 2100 Copenhagen, Denmark

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Société Romanaise de la Chaussure, SAS with a capital of 800,000 euros, registered in Romans-Sur-Isère under the number 302 097 993, with registered offices at Rue Pierre Curie – 26100 Romans-Sur-Isère.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Société Romanaise de La Chaussure, Rue Pierre Curie – 26100 Romans-Sur-Isère.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

D’Orsay International, SAS , registered in the Trade and Companies Register of Paris under number 799 134 663, with registered offices at 55 Avenue Montaigne – 75008 Paris.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: D’Orsay International- 55 Avenue Montaigne – 75008 Paris.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

DJULA SAS, with a capital of 850 641,48 euros, registered in the Paris register with registration number 411 687 239 with registered offices at 83 rue des Saints-Pères - 75006 PARIS.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: SAS DJULA, 233 Rue Saint-Honoré, 75001 Paris

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Douze Paris, SAS with a capital of 1000 euros, registered in the RCS Paris, with registration number 824 126 833, with registered offices at 13bis avenue de la Motte Picquet, 75007 Paris France

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Hermine Sacau – Douze Paris, 12 rue Dupetit-Thouars, 75003 Paris

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Groupe Operandi, SARL with a capital of 666 045 euros registered in the Paris 502 506 462, with registered offices at 26 rue du Bouloi 75001 Paris, France.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Editions M.R 10 boulevard des Filles du Calvaire, 75011 Paris, FRANCE.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Elleaime, SAS with a capital of 10 000 euros, registered in the Trade and Companies Register of Paris under the number 813785599, with registered offices at 43 Rue du Colisée, 75008 Paris.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: To the attention of : Elleaime SAS, 3 Rue Chabanais, 75002 Paris, France

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

SAS YESTERDAY with a capital of 26 610,00 euros, registered in the RCS de Paris 500 323 167, with registered offices at 14 rue Debelleyme, 75003 Paris.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Études / SAS Yesterday, 14 Rue Debelleyme, 75003 Paris.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

FENDI ITALIA, S.R.L with a capital of 1.000.000 euros, registered in the the Trade and Companies Register of Rome 03897971002, R.E.A., Roma, with registered offices at Quadrato della Concordia 3, 00144 Rome, Italy.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: FENDI - FENDI ITALIA S.R.L., Quadrato della Concordia 3, 00144 Rome, Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Daito Solutions srl, with a capital of 10.000,00 euros, registered in the Trade and Companies Register of Rome under number 16189751007, with registered offices at Via Tullio Garbari, 27 Roma (RM) Italy. Acting in the name and on behalf of the company Fratelli Rossetti spa, with its head office at Parabiago (Milan- Italy) Via Cantù 24, registered with the Trade and Companies Register of Milan under number 00437460074.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Daito Solutions Srl., Via Tullio Garbari, 27 Roma (RM) Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

GAS BIJOUX SAS with a capital of 36300 euros, registered in the Marseilles Register 440266765, with registered offices at 4 Rue Clémence 13006 Marseille, France.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: Olivier Gas, Société GAS BIJOUX, 10 Rue Bachaumont 75002 Paris, France

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

GGR S.r.l. Unipersonale, limited liability company with a capital of 500.000,00 euros, registered in the CCIAA Forlì-Cesena, REA n. FO-307180, with registered offices at Via dell’Indipendenza n. 15, 47030 San Mauro Pascoli (FC), Italy.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: GGR S.r.l. Unipersonale, Via dell’Indipendenza n. 15, 47030 San Mauro Pascoli (FC), Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

Golden Goose S.p.A. with a capital of 1.004.341,00 euros, registered in the Trade and Companies Register of Milan under the number MI-2019545, with registered offices at Via Privata Ercole Marelli 10, Milan, Italy.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: To the attention of : Golden Goose S.p.A., Via Privata Ercole Marelli 10, Milan, Italy

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

IRO SAS with a capital of 1.052.800 euros, registered in Trade and Companies Register of Paris under the number 528 471 980, with registered offices at 13-15-17 rue Bachaumont, 75002 Paris, France.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com website.

However, errors regarding prices or availability may occur due to desynchronization of the flow update and human errors.

In the event of a price error or the unavailability of an ordered product, the Buyer will be notified as soon as Customer Service becomes aware of this situation. In this event, orders for products which are unavailable or affected by a price error will be cancelled and 24S will refund the amounts paid for the products on behalf of the Seller.

Article 2 - Characteristics of the offers

2.1 General provisions

In accordance with Article L. 111-1 of the French Consumer Code, prior to placing an Order, the Buyer may take note of the essential characteristics of the product(s) he/she wishes to order.

The products comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (for example, in the event of a product ban). It is the Buyer's responsibility to check with the local authorities of the country where the products are delivered to check the possibilities for importing or for using the products and services he/she intends to order.

The Seller cannot guarantee that the information on the product packaging is translated into all languages. However, this information is available in at least French and/or English.

2.2 Availability

The offers submitted by the Seller are valid for as long as they are announced on the Website and are within the limits of the available stock.

In all cases, and in the event of the total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the total or partial cancelation of the Buyer's order.

In the event of total cancelation of the Order by the Seller:

  • The Buyer's Order will be automatically canceled and the Buyer's bank account will not be debited.
  • 24S Customer Service will contact the Buyer to inform the Buyer of the cancelation of the Order.

Article 3 – Orders

All Orders imply the acceptance of the theses General Terms and Conditions of Sale and the " Privacy and Cookies" Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating an Order, the Buyer can check the details of the Order and correct any errors.

The distance selling contract is concluded at the moment the Buyer confirms the order by clicking on the "PAY" button (hereinafter and above, "the Order"). The Buyer is deemed to have knowingly accepted the content and conditions of the Order in question, including these General Terms and Conditions of Sale, the fact that the Order implies an obligation to pay on the Buyer's part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and which have been ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel the Order. The sale will be final (subject to the Buyer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale). The Buyer will receive a confirmation of Order by email. The Buyer will be informed of the shipping date of the order in another email. Emails will be sent to the email address specified by the Buyer when placing the order. Also, in the event of an error in entering the Buyer’s email address, or if the Order confirmation message is not received, the Seller or 24S cannot be held liable.

24 Sèvres shall then be entitled to collect the entire price of the Order in the name and on behalf of the Seller for all orders as soon as the Order is confirmed;

Finally, 24 Sèvres, in the name and on behalf of the Seller, reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment irregularity, or in the event of fraud or attempted fraud, including in connection with previous Orders.

Article 4 – Payment

The Buyer can pay for Orders on the Website according to the following terms and conditions: When placing the Order, the Buyer guarantees to the Seller that the Buyer has the necessary authorizations to use the payment method chosen for the Order.

4.1 Payment methods on the Website

4.1.1 Credit cards

The following credit cards accepted on the Website: Carte Bleue, Visa, American Express and Master Card.

4.1.2 Paypal

The Buyer may use his/her PayPal account to pay for Orders on the Website. Any purchase using Paypal will automatically be subject to the PayPal Terms of Service and the PayPal Privacy Policy.

Payment by PayPal is not available for orders to Argentina and China.

Payment for Orders to Korea is not available in KRW for payments via Paypal but is must be made in USD only

4.2 Payment methods

All Orders require payment. These Orders are payable in Euros, GBP, USD, CAD, CHF, HKD, AUD, CNY and KRW. Some currencies are only available for certain territories. Any bank charges are the responsibility of the Buyer (including in the case of refunds).

For some countries, the currencies offered will be limited to the options as shown in the table below.

SwitzerlandHong KongCanadaAustraliaChinaSouth Korea
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

4.3 Payment transaction security

In the context of combating Internet fraud, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by 24 Sèvres (in the name and on behalf of the Seller) for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the planned delivery.

After performing this check, and in the name and on behalf of the Seller, 24 Sèvres reserves the right to request a photocopy of the Buyer's identity card and/or any information relating to the Buyer's identity. Any Buyer has the right to access, rectify and erase his/her personal data which has been collected and processed by 24 Sèvres, under the conditions provided for in the "Personal Data and Cookies" Policy.

Article 5 – Delivery and Receipt

5.1 General regulations

Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address the Buyer has indicated as the delivery address when placing the Order ("Delivery Address").

Certain beauty products (aerosols, perfumes, nail polish, etc.) are considered hazardous materials for transport. As such, we take all necessary precautions and apply the (IATA and ADR) regulations for the transport of hazardous materials. It may therefore occur that certain delivery methods and destinations are not offered to the Buyer as part of the Buyer's Order, and that the return of these products is not authorized from certain countries.

Some protected materials (leather and furs) will be accompanied by their CITES certificate for shipments to non-European countries.

5.2 Characteristics of the Seller's delivery methods on the 24S.com Website

The delivery methods available for the Order will be displayed to the Buyer before the validation of the Order.

5.3 Delivery times

The delivery times for Orders to metropolitan France will be displayed when the Order is placed. In particular, these delivery times take into account the time at which the Order was received and the working days of the destination country. However, for Orders delivered outside the European Union, the Seller cannot be held responsible for extended time limits due to customs inspection (which may vary according to the destination and the current laws of the country of destination).

Delivery times start to run as soon as the Seller ships the Order.

During the end-of-year holiday period (from November 23 to December 31), delivery may take longer due to the high level of activity of the shipping companies.

5.4 Defects, damaged products, damaged packages upon receipt

5.4.1 General provisions

The Buyer, or the recipient of the Order, is requested to check the apparent condition of the package and products upon delivery.

In the event of a defect in the packaging (damaged package, open package, traces of liquid, etc.) or to the product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the Order must strictly follow the procedure described below or may refuse receipt (in this case, the delivery person will take the package away). Failure to comply with the appropriate procedure shall exclude any recourse against the carrier, the Seller or 24S. In particular, the Buyer shall not be entitled to a refund. The Buyer or the recipient of the Order shall also not be entitled to have the Seller reship the ordered products. 24S Customer Service will then contact the Buyer as soon as possible to discuss the Buyer's refusal of the product(s). If a defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will be refunded the amount of the products in the package and the shipping costs.

The Buyer or the recipient of the Order may also call 24S Customer Service to find out how to return the damaged product(s). The Buyer must then follow the procedure for the return of damaged products indicated by 24S Customer Service. If the Buyer does not do this, the Buyer will not be entitled to a refund or exchange of the products in question.

5.4.2 The following procedure must be followed when the package is damaged:

If the package has arrived in damaged condition, the Buyer may declare the defect to the carrier and refuse receipt. If the defect related to transport is confirmed by 24S Customer Service, the order will be canceled and the Buyer will receive a refund.

If the Buyer accepts the package, the Buyer must:

  • Open the package in the presence of the delivery person, and
  • enter detailed handwritten reservations on the Delivery Note. The reservations made by the consignee at the time of delivery shall constitute evidence of the existence and the extent of the damage. The Buyer must provide an accurate and complete explanation of his/her reservations (the simple statement "subject to unpacking" is considered too general and imprecise), and
  • send the carrier, by registered letter with acknowledgement of receipt, a well-grounded letter of objection within three (3) days of receipt in accordance with the provisions of Article L. 133-3 of the French Commercial Code)
  • and inform 24 Sèvres by email or registered mail within three (3) business days of the delivery of the Order.

Article 6 – Rights and withdrawal periods

6.1. Right, period and terms and conditions of withdrawal

In order to ensure the satisfaction of its Buyers and recipients of its Orders, the Seller accepts the return of products ordered on the Marketplace 24S within thirty (30) days from the date of receipt of the Order.

The Buyer or, where applicable, the recipient of the Order, must inform 24S of his/her intention to withdraw in one of the following ways:

- Contact 24S Customer Service within 30 (thirty) days of receipt of the Order. In this case, the Buyer may use the sample withdrawal form attached to these General Terms and Conditions of Sale and send this form to the following address: 24 S, 17 Rue de l'Arrivée 75015, Paris, France or by email to the following address: bonjour@24sevres.com. In this situation, the Buyer is informed that it is not technically possible for the Seller to prevent the shipment of products once the Order has been validated. The Order will then be shipped and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products in question within a maximum period of 14 (fourteen) days from the date of the notice sent by the Buyer to 24S.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

6.2. Products excluded from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders relating to:

  • goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (for example, care products, make-up, etc.),
  • goods manufactured to consumer specifications or clearly personalized
  • products considered dangerous* (IATA, ADR), such as certain cosmetic products (these products may not be returned for safety reasons subject to strict packaging and certification by the appropriate agency). 24S Customer Service will then be able to specify the information to the Buyer in case of a request from the Buyer.

6.3. Costs

The Seller, via 24S Customer Service, will bear the return costs for the Products by sending the Buyer a Return Label.

6.4. Consequences of exercising the right of withdrawal

If the Products are subject to the right of withdrawal, the Buyer or the recipient of the Order exercising the right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, may obtain a refund from 24 Sèvres for the returned Products and for the delivery costs of the Order in the name and on behalf of the Seller (except in the case of a partial return of the Order, in which case the delivery costs will be at the expense of the Buyer).

6.5. General provisions applicable to all return methods

The Seller accepts returns or exchanges in eligible stores of his products ordered on the 24S site and delivered in France under the following conditions:

  • Return or exchange only.
  • Eligible stores: Vanessa Bruno Paris Temple, Vanessa Bruno Paris Saint-Sulpice, Vanessa Bruno Paris Victor Hugo, Vanessa Bruno Annecy, Vanessa Bruno Deauville, Vanessa Bruno Lille, Vanessa Bruno Lyon, Vanessa Bruno Toulouse, Vanessa Bruno Saint-Tropez, Vanessa Bruno Bordeaux.
  • The Customer must return his product within a maximum period of thirty (30) calendar days following receipt of his order and accompanied by the email for dispatch of his order and the order number.
  • The return or exchange of the product will be made on the basis of the price paid when ordering on 24S.
  • Products purchased in the 24S Outlet / End of season or during the 24S sales cannot be returned or exchanged in the store (however return in accordance with article 6.1 will remain possible).

The products must be returned to the Seller in a condition suitable for remarketing (products in perfect condition with their original packaging, accessories, instructions and certificate of authenticity ) at the latest, within a period of 30 (thirty) days following the date of receipt of the products. For returns of shoes, the sole should also be intact. For this reason, it is strongly recommended to try on the shoes while standing on a carpet or rug-type surface. Returns of underwear, swimwear and bikini bottoms can be accepted if these items were tried on over underwear. For reasons of hygiene, the return of these items may be refused and the items returned to the Customer if the adhesive tape has been removed or if the item is stained.

Products returned after this time will not be accepted. Products must be sent with the Return Label provided by 24S. The Buyer and the recipient of the Order, if different from the Buyer, are informed that the use of the Return Label enables the processing of the return. The Buyer or the recipient of the Order, if different from the Buyer, is therefore requested to use this Return Label.

If the Buyer arranges for the return of the items, by the return method of the Buyer’s choice and at the Buyer's own expense, it is recommended to make sure that the destination address the Seller's address and to keep any proof of the return of the item by registered mail, or by any other means which provides a specific date of receipt. The Buyer must insure the package for loss up to the value of the shipment. The Seller shall not be liable for the loss of packages returned by the Buyer by the Buyer’s own means.

24 Sèvres does not accept parcels or mail sent postage due.

The Buyer may be held liable in the event of depreciation of the product resulting from handling other than the handling necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products. In this case, the Seller may take a discount between the price of the product and the amount refunded.

Article 7 – Warranties

7.1. Legal warranties

All products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L217-4 and et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which allows the Buyer to return defective or non-conforming products free of charge.

7.1.1 Legal warranty of conformity

The French Consumer Code provides the following in terms of the legal warranty of conformity: Article L217-4 of this code states: "The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under the seller's responsibility."

Article L211-5 of this code states: "To be in conformity with the contract, the good must:

1) be suitable for the use usually expected of a similar good and, if applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or its representative, in particular when these statements are made in advertising or labeling;

2) - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the seller has accepted."

Article L211-12 states: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

7.1.2 Warranty against hidden defects

Article 1641 of the French Civil Code states: "The seller is bound by the warranty regarding hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use in such a way that the buyer would not have acquired it, or would have only paid a lower price for it, if he had been aware of these defects."

Article 1648 of the French Civil Code states: "The claim resulting from fundamental defects must be submitted by the buyer within two years of the discovery of the defect." In the case provided for in Article 1642-1, "the claim must be submitted, under penalty of foreclosure, within one year of the date on which the seller may be discharged with regard to any apparent defects or lack of conformity."

As part of the legal warranty for hidden defects, after evaluation of the defect, the Seller undertakes at the Buyer's choice:

  • Either to refund the full price of the returned product,
  • Or to refund a part of the price of the product if the Buyer decides to keep the product.

7.1.3 Exclusion of warranties

Products which have been modified, repaired or integrated by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not cover products damaged in transit or damaged due to misuse.

7.2 Methods of exercising the legal warranties

When exercising the legal warranty of conformity, the Buyer:

  • has a period of two years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be offered on the goods.

The Buyer may decide to exercise the warranty against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer may choose to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.

For any request concerning legal warranties, the Buyer must then contact 24S Customer Service via the "Contact Us" section on the 24S Website.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3 Consequence of the exercise of the warranties

As part of the legal warranty of conformity, at the Buyer's discretion, the Seller undertakes to:

  • either replace the product with an identical product according to the available stocks,
  • or to refund the price of the product if it is not possible to replace the product.

As part of the legal warranty for hidden defects, after evaluation of the defect and at the Buyer's discretion, the Seller undertakes to:

  • either refund the full price of the returned product,
  • or to refund to the Buyer a part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

The Seller shall retain full and complete ownership of the products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

Article 9 – Signature and proof

24 Sèvres endeavors to protect its customers' personal information by ensuring a high level of security, but the Buyer also has a role to play in protecting his/her personal data. In particular, the Buyer must maintain the security of online transactions by, for example, not disclosing to anyone his/her identifier (the Buyer's email address) and/or password and by regularly changing this password. 24 Sèvres cannot be held liable for the disclosure of information concerning the Buyer to any individual who has used the Buyer's identifier (the Buyer's email address) and/or password. In this respect, the use of the Buyer's identifier (the Buyer's email address) and/or password shall constitute proof of the Buyer's identity, and of the payability, upon validation of the Order, of the corresponding sums. 24 Sèvres cannot under any circumstances be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall be deemed proof of acceptance of the Order and of the sums incurred by the purchase of the products appearing on the Order, which shall be deemed payable. The computerized records kept in the computer systems of 24 Sèvres and its partners shall be considered to be proof of the communications, Orders and payments made between the Parties.

Article 10 – Customer Service

For any additional information, 24S Customer Service can be reached by telephone at 08 00 94 54 24 (Free of charge within France), or at +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the Website.

Article 11 – Liability

11.1 Capacity

Before placing the Order, the Buyer declares to have full legal capacity, allowing him/her to commit to these General Terms and Conditions of Sale. The Seller may under no circumstances be required to verify the legal capacity of the Buyers. Consequently, if a person without legal capacity orders articles from the Seller, his/her legal representatives (parents, guardians, etc.) shall assume full liability for this Order and must pay the price of the Order.

11.2 Limitation of liability

The Seller shall not be held liable for the obligations of these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, is the fault of the Buyer, or is attributable to the occurrence of a force majeure event as defined by the French courts, or is attributable to any other event which was not reasonably under the Seller's exclusive control. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Marketplace 24S Website or their suitability for the use that the Buyer intends to make of them. The SELLER DECLINES ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE OF THE WEBSITE. IN THE EVENT THAT THE SELLER'S LIABILITY WERE TO BE ESTABLISHED AND RETAINED AS A RESULT OF ANY HARM SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THE BUYER IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO THE SELLER. Any claim filed by a user, including by any Buyer, against the Seller must be made within six months of the occurrence of the event which is the subject of the claim.

Article 12 – "Data Protection"

24 Sèvres collects the Buyer's personal data for the sole purpose of fulfilling the Order and, where applicable and subject to the consent received from the Buyer, to communicate with the Buyer.

24 Sèvres shall communicate the necessary information to the Seller in order to enable the Seller to complete the order. In this context, 24 Sèvres and the Seller undertake to minimize the amount of personal data collected on the Buyer.

In accordance with the French "Data Protection" Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation, the Buyer has the right of access and rectification of his/her personal data.

Article 13 – Amendments

The Seller reserves the right to amend and update the General Terms and Conditions of Sale without notice. To be informed of any changes, the Seller advises the Buyer, and in general any user, to regularly review the Website's General Terms and Conditions of Sale and the "Personal Data and Cookies" policy. Orders shall be subject to the version of the General Terms and Conditions of Sale in effect at the time of the Order.

Article 14 – Applicable law and competent jurisdiction

The products sold by the Seller are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed. IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SELLER AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS HAVING JURISDICTION PURSUANT TO THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.

Annex 1: Sample withdrawal form

Complete and return this form, making sure to include the order number, only if you wish to withdraw from the contract. We recommend that you also specify your order number.

To the attention of: To the attention of : IRO SAS,13-15-17 rue Bachaumont, 75002 Paris, France.

email address: bonjour@24sevres.com

I hereby notify you of my withdrawal from the contract for the sale of the following item(s):

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Order reference:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only if this form is submitted as a hard copy)
  • Date:
(*) Cross out any statement that does not apply

For further information, you can contact Customer Service at 08 00 94 54 24 (Free of charge within France), or +33 1 70 37 37 14 79 from outside France, during the hours of service indicated in the "Contact Us" section of the 24S Website.

General Terms and Conditions of Distance Selling

Identification of the Seller

JW Anderson Limited, registered in the under the laws of England and Wales with company registration number 06316966, with registered offices at 21 Parr Street, London N1 7GW.

Preamble

24 Sèvres, a simplified joint-stock company with a capital of €40,000.00, located 24-32 Rue Jean Goujon, Paris (75008) and registered with the Paris Trade and Companies Register under number 797 737 293, makes its website www.24s.com available to independent sellers so that they can market their offers directly on the 24S Marketplace.

It is in this context that the Seller as identified above (hereinafter, "the Seller"), known for marketing contemporary or luxury products worldwide, directly markets its offer on the 24S Marketplace.

In this respect, 24 Sèvres hosts this Marketplace activity by providing a marketing space to professional and independent sellers. Thus, 24 Sèvres is not a seller of the offers made by the sellers on the Marketplace.

These General Terms and Conditions of Sale apply to orders placed with the Marketplace Seller as identified above. These General Terms and Conditions of Sale define the contractual conditions applicable to the sales made by this Seller.

Any order placed on the Marketplace necessarily implies the acceptance of the General Terms and Conditions of Sale of the Seller or Sellers concerned.

Article 1. Offers

Offers are submitted in the name and on behalf of the Seller. The visuals are reproduced under the control of the Sellers and with their permission.

Please note that purchases made on the Website are reserved for non-professional private individuals for their own use (or for purchasing gifts for members of their families), which is why the Seller only sells its products in quantities that correspond to average household use. In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any Order for which the number of products or the amount to be paid (for one or more cumulative orders) does not correspond to average household use. Any Order that might suggest that the Buyer is carrying out an economic activity in connection with the ordered products or more generally, any abnormal Order within the meaning of the applicable case-law on the subject may be canceled by the Seller.

The selling prices of the Seller's products on 24S are indicated in several payment currencies. The indicated prices are the prices in effect at the time when the Buyer places the Order and may be modified by the Seller at any time.

These prices do not include shipping costs, which are charged in addition to the price of the purchased products. Shipping costs will be displayed before the Buyer places the Order. The various shipping methods will be proposed to the Buyer at the time of placing the order.

For orders outside the European Union, depending on the destination country, the Buyer may be required to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Delivery and Returns " area of the website.

The prices are applicable and the offers are valid for as long as they are visible on the www.24s.com