Terms of Use and General Sales

Last update: 20/10/2019
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TERMS AND CONDITIONS OF ON-LINE SALES

Foreword

24 Sèvres (hereinafter called “24 Sèvres”) markets throughout the world luxury ready-to-wear clothing and accessories for women and beauty products.

As a distributor of luxury goods, 24 Sèvres sells the retail products on its website to final customers only. 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. 24 Sèvres reserves the right to limit the quantities of any item delivered to the same purchaser and even to the same postal address. Before confirming the order, the Purchaser declares that the purchase of products on the 24S website does not have any direct relationship with a business activity and is limited to strictly personal use. For the purposes of these Terms and Conditions of Sale, the Purchaser and 24 Sèvres are individually or collectively referred to as the Party or the Parties.

Article 1 - Purpose

The purpose of these Terms and Conditions of Sale (hereinafter called the “Terms and Conditions of Sale”) is to inform any potential Purchaser of the terms and conditions under which the Vendor (hereinafter called “24 Sèvres”) sells and delivers the products ordered and to define the rights and obligations of the Parties in relation to the sale of products by 24 Sèvres to the consumer (hereinafter called the “Purchaser”). Said Terms and Conditions of Sale apply, without any limitation or qualification, to the sale of all products proposed by 24 Sèvres on its website, accessible via:

- the Internet at www.24s .com.

- the Appstore service in the form of a mobile application to be used on iOS compatible devices (herein called the “Website”).

As a result, the fact that the Purchaser orders a product proposed for sale on 24S website, regardless of the media used, signifies full acceptance of these Terms and Conditions of Sale, which the Purchaser acknowledges having read before placing an Order.

24 Sèvres reserves the right to change these Terms and Conditions of Sale at any time. However, the Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser when placing the Order.

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

Article 2 - Identity of company

24 Sèvres, a simplified share company (SAS) with a capital of 40,000 euro, Paris Trade Register n° 797 737 293, located at 24-32 rue Jen Goujon 75008 Parisand having its operational office 17 rue de l’arrivée 75015 Paris.

Article 3 - Basis of agreement and placing of Orders

3.1 Prices

The sales price of the on-line products sold on 24S website, indicated in multiple currencies. Indicated prices are the ones in force at the time at which the Purchaser placed the Order. The sales price of the products can be changed by 24 Sèvres at any time. Any changes will be indicated to the Purchaser before the Order is completed.

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

SuisseHong kongCanadaAustralieChineCorée du sud
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

Considering the fact that 24 Sèvres and Le Bon Marché are two separate entities, the prices on 24S can be different form the prices in Le Bon Marché store. The Purchaser 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 Purchaser. The different methods of shipping are indicated below in these Terms and Conditions of Sale and are indicated on the Website. They can be changed at any time by 24 Sèvres. 24 Sèvres thus recommends that the Purchaser should regularly consult the Terms and Conditions of Sale published on the Website.

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 Purchaser when placing the Order.

24 Sèvres regularly checks that the prices on the Website are correct. However, errors can occur. If 24 Sèvres observes an error in the price of an Order, the Purchaser will be informed as soon as possible. 24 Sèvres reserves the right to cancel the Order of any item whose price is incorrect. If the Order has already been paid, the corresponding amount will immediately be refunded to the Purchaser.

3.2 - Product characteristics

3.2.1 General provisions

The Purchaser can select one or several products from among the various categories proposed on 24S Website.

24 Sèvres can change the selection of products proposed for sale on its Website at any time, particularly due to constraints relating to its suppliers, even if the products have been ordered by the Purchaser.

Pursuant to article L. 111-1 of the French consumer code, the Purchaser can consult the essential characteristics of the product(s) proposed on 24S website before placing an Order.

The products comply with current French legislation. 24 Sèvres may not be held liable in the case of non-respect of the legislation of the country to which the product is delivered (e.g. if a product is prohibited). Purchasers must check with the local authorities of the country to which the product is to be delivered whether the importation or use of the products and services they intend to order is authorised.

24 Sèvres cannot guarantee that the information provided on the product packaging will be translated into all languages of the world. However, the information will be available in at least French and/or English.

For all questions relating to the products and their use, any additional question or request for advice, the Purchaser can contact the team of 24S Customer Service Representatives by calling the Customer Service at  08 00 94 54 24 (toll free number in France), or +33 1 70 37 14 79 in all other countries, during the opening hours indicated under “Contact Us” on24S website.

3.2.2 Special provisions related to some categories of products Regarding our jewellery offers, we buy our products from suppliers who respect the Kimberley process, which indicates that diamonds in their jewellery do not come from areas where diamonds are traded for illegal weapons.

3.3 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 Purchaser at the time of the Order. Since the information comes directly from the suppliers, errors or changes can exceptionally exist.

When the Purchaser choses “Click & Collect”, the products ordered are delivered directly by 24S to the corresponding dedicated area on the ground 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 Purchaser 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 Purchaser’s Order will be automatically cancelled and the Purchaser’s bank account will not be debited.

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

3.4 Order

By placing an Order, the Purchaser 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 Purchaser can check the details of the draft Order and correct any errors.

The on-line sales agreement is concluded when the Purchaser confirms the Order by clicking on the “PAY” button (herein called the “Order”.) The Purchaser 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 fact that the Order implies an obligation of payment, and the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Purchaser.

Once this step has been validated, the Purchaser can no longer cancel the Order. The sale will then be final (unless the Purchaser exercises the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale). The Order will be confirmed to the Purchaser by email. Another email will inform the Purchaser of the shipping date of the Order.

If an Order is to be delivered “Click & Collect”, the Purchaser will receive an email confirming the Order after Purchase. The Purchaser 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 Purchaser should keep these emails in printed or electronic form. The Purchaser is informed that the emails are sent to the email address given by the Purchaser. Thus, if there is an error in the email address or the Order confirmation message is not received, 24 Sèvres cannot be held liable. In this case, the sale will be considered final, unless the Order is cancelled by 24 Sèvres, particularly if the products are not available. The Purchaser may nevertheless exercise the right of cancellation during the cooling-off period pursuant to article 6 of these Terms and Conditions of Sale.

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.

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). This is why 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 Purchaser 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 Purchaser, a payment incident, fraud or attempted fraud relating to the use of the 24 Sèvres website, including on the occasion of previous Orders.

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

Article 4 - Payment

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

4.1 Payment methods available on the Website

4.1.1 Bank and credit cards

The following bank and credit cards are accepted on the website: Carte Bleue, Visa, American Express, Master Card, JCB, UnionPay and Discover (only for USD currency).

For Marketplace orders and mixed orders, it is not possible to use the following bank and credit cards: Union Pay, JCB and Discover.

4.1.2 PayPal

The Purchaser 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.

Payments via Paypal are not available for orders toward Argentina and China.

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

4.1.3 On-line credit notes

On-line credit notes are credit notes issued exclusively by 24 Sèvres and can only be used by the beneficiary on 24S Website. They are valid one year from the date of issue.

4.2 Payment procedure

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 (see Article 3.1). Any bank charges will be paid by the Purchaser (including in the case of a refund).

4.3 Security of payment transactions

Within the framework of the fight against Internet fraud, the data relating to the Purchaser’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 Purchaser’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 Purchaser’s ID and/or any information relating to the Purchaser’s identity. The Purchaser 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.

Article 5 – Delivery and Acceptance

5.1 General rules

The products ordered by the Purchaser in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Purchaser as the delivery address for the Order concerned (“Delivery Address”). 

The Purchaser, or the recipient of the Order, can only change the delivery address if required after the Order has been confirmed by contacting 24S’ Customer Service or by accessing the carrier’s link sent to the Purchaser by text message beforehand if the Purchaser has provided a valid cell phone number beforehand.

24 Sèvres also proposes delivery to 24S dedicated delivery area on the ground floor of Le Bon Marché department store (“Click & Collect” delivery), 24 rue de Sèvres in Paris (75007) for Purchasers residing in 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 Purchaser when placing the Order and it may not be possible to return the products in certain countries.

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

24S delivers to all the countries in the European Union in addition to Monaco and the French overseas territories. 24S also delivers to numerous countries worldwide, a complete list of which is available in “Delivery and return”.

5.2 Types of delivery available on the 24s.com website

The types of delivery listed below are not available in all countries. Certain types of delivery, particularly Click & Collect at Le Bon Marché department store, are not offered to the Purchaser when placing the Order.

5.2.1 Delivery in Paris and Greater Paris (75, 78, 77, 91, 93, 94, 95)

7/7 Premium delivery

The parcel containing the products ordered and paid for is sent by courier to the Delivery Address provided by the Purchaser.

If the recipient is not present or not able to take delivery of the parcel, the 24S’ Customer Service will contact the Purchaser or the recipient in order to schedule a second delivery on the day and at the time specified by the recipient.

After two failed attempts at delivery by the courier because the recipient is not present or is not able to take delivery of the parcel, the Order will be deemed to be cancelled and the Purchaser will be refunded.

5.2.2 Delivery in metropolitan France only

Delivery to Le Bon Marché department store

Click & Collect delivery means that the Purchaser or the recipient of the Order must pick up the parcel that has been ordered and paid for on the website in the 24S pick-up area on the ground floor of Le Bon Marché, 24 rue de Sèvres, Paris.

After the order has been confirmed and an email received confirming that the parcel has been delivered to the store, the Purchaser has 7 days to pick up the parcel. At the end of that period, the Order will be cancelled. The Purchaser will not be debited for the Order.

To pick up the parcel at the store, the Purchaser must go to Le Bon Marché department store with valid ID and the Order number provided in the Order confirmation email or on his smartphone. The Purchaser can also appoint another person to pick up the Order. In this case, the person must present their own ID, the recipient’s ID and the Order number provided in the Order confirmation email. Before taking delivery of the parcel, the Purchaser, the person appointed by the Purchaser or the recipient of the Order must sign the Order delivery slip. The signed delivery slip is proof of delivery by 24S and acceptance by the Purchaser or the recipient of the ordered products. No dispute relating to the actual delivery is possible if the parcel is deemed to have been delivered, 24S’ records being considered proof thereof.

5.2.3 Delivery in France, the European Union and the rest of the world

DHL Express delivery

The parcel containing the products that have been ordered and paid for is delivered personally to the exact address provided at the time of the Order.

All deliveries must be signed for.

In the case of known absence before delivery, the Purchaser can reschedule the delivery to another day (Monday to Friday) by logging into the DHL delivery website indicated in the text message sent to the Purchaser at the time of shipping, or by clicking on the following link: http://ondemand.dhl.com. The Purchaser must then enter the airway bill number for the parcel (included in the text message notifying the Purchaser that the Order has been shipped) and choose a new delivery date.

If the recipient is absent at the time of delivery, an attempted delivery card will be left in the mailbox. Unless specified otherwise, a second delivery attempt will be planned the next working day after the first delivery attempt, between 8 am and 6 pm. If delivery fails a second time, a maximum of two additional attempted deliveries can be scheduled. After two attempted deliveries have not resulted in delivery of the parcel due to absence of the recipient or if the recipient was not able to take delivery of the goods, the order will be deemed to be cancelled and the cost refunded.

5.3 Irregularity, incident, damaged parcel

5.3.1 General provisions

The Purchaser or recipient of the Order is invited to check the visible state of the parcel and products at the time of delivery. If there are any irregularities concerning the parcel (parcel damaged or opened, traces of liquid, etc.) or the product(s) ordered (missing or damaged product(s)), the Purchaser or the recipient of the Order must follow the procedure set out below (articles 5.3.2 and 5.3.3 of these Terms and Conditions of Sale) which corresponds to the Order conditions or refuse to take delivery of the parcel (in this case, the carrier will take the parcel back). No claims concerning the carrier and 24 Sèvres will be accepted if the appropriate procedure is not respected. In particular, the Purchaser will not be able to claim a refund. Nor can the Purchaser or the recipient of the Order ask 24S to have the products delivered again. The Purchaser will be contacted by the Customer Service of 24s.com as soon as possible to discuss the refusal. If the problem related to transport is confirmed by 24S’ Customer Service, the Order will be cancelled and the Purchaser refunded for the price of the parcel and the delivery costs. The Purchaser or recipient of the Order can also call 24S’ Customer Service to find out how to return the damaged product(s). The return procedure for the damaged products indicated by 24S’ Customer Service must then be strictly followed by the Purchaser. Failing this, the Purchaser cannot claim a refund or an exchange of the products concerned.

5.3.2 Procedures to be strictly followed when the parcel is damaged

7/7 Premium delivery

If the parcel is damaged on arrival, the Purchaser can inform the courier of the problem and refuse to take delivery. In this case, the courier keeps the parcel. The Purchaser will then be contacted by 24S’ Customer Service as soon as possible to discuss the refusal. If the problem related to transport is confirmed by 24S’ Customer Service, the Order will be cancelled and the Purchaser refunded.

If the parcel is accepted, the Purchaser must:

  • Unwrap the parcel in the presence of the courier, and
  • Write any observations in detail by hand on the Delivery Slip. The reservations made by the recipient concerning delivery are used to prove the existence and importance of the damage. The Purchaser must make sure that the reservations are precise and complete (simply writing “subject to unpacking” is considered to be too general and imprecise), and
  • Send a registered letter with recorded delivery setting out the reasons for the complaint to the carrier within three (3) days of receipt in pursuance of the provisions of article L.133-3 of the French Commercial Code.
  • Inform 24 Sèvres by email or registered letter within three (3) working days of delivery of the Order.

- “Click & Collect” delivery

If, at the time the parcel is picked up at the “Click & Collect” counter, the Purchaser observes a problem with the parcel (parcel damaged or opened, traces of liquid, etc.), the Purchaser must refuse to take delivery. In this case, the “Click & Collect” service will keep the parcel, notify 24s.com of the problem and refund the Purchaser.

- Delivery by DHL

If the Purchaser observes a problem with the parcel (parcel damaged or opened, traces of liquid, etc.), the Purchaser should not open the parcel but take photographs to provide proof of why it was not accepted.

The Purchaser must then use the order number and delivery number written at the bottom of the bar code in order to notify the problem by email or telephone (08 00 94 54 24 (toll free number in France) or +33 1 70 37 14 79 in all other countries) to the 24s .com Customer Service which will arrange for DHL to collect the parcel at the Purchaser’s address.

If the parcel is accepted, the Purchaser must:

  • Unwrap the parcel in the presence of the carrier, and
  • Write any observations in detail by hand on the Delivery Slip. The reservations made by the recipient concerning delivery are used to prove the existence and extent of the damage. The Purchaser must make sure that the reservations are precise and complete (simply writing “subject to unpacking” is considered to be too general and imprecise), and
  • Send a registered letter with recorded delivery setting out the reasons for the complaint to the carrier within three (3) days of receipt in pursuance of the provisions of article L.133-3 of the French Commercial Code.
  • Inform 24S by email or registered letter within three (3) working days of delivery of the Order.
5.3.3 Procedure to be strictly followed in the case of a missing or damaged product

The Purchaser or the recipient of the Order must notify absence of or damage to a product to 24S Customer Service by calling 08 00 94 54 24 (toll free service in France) or +33 1 70 37 14 79 (in all other countries).

24S Customer Service can ask for information concerning the identity of the Purchaser or the recipient of the Order and proceed with any useful verifications in this respect.

5.4 Delivery deadline

The delivery deadline is calculated from reception of the email Order confirmation.

5.4.1 Delivery in Metropolitan France

Standard delivery deadline

The delivery deadline for Orders to be sent to Metropolitan France are those indicated when the Order is placed. The deadline is based on the time at which the Order was placed and the working days in the country of destination. However, for Orders delivered outside the European Union, 24 Sèvres will not be held liable for an extension of the delivery deadline due to customs inspections (which can vary according to the destination and legislation of the country of destination).

During the holiday season (23 November to 31 December), the delivery deadline may be momentarily extended due to the increased activity of carriers.

5.4.2 Rules applicable regardless of the country of delivery

If the delivery deadlines referred to above are exceeded for reasons other than a force majeure, the Purchaser can cancel the Order under the following conditions:

- After sending a formal notice to 24S’ Customer Service to carry out the delivery within an additional reasonable time and after a formal notice to deliver is not acted upon within the stipulated period,

- If the Purchaser proves that the delivery deadline was an essential condition of the Order expressly imparted to 24S at the time of placing the Order.

The formal notice to deliver the goods or the request to cancel the Order must be sent by registered letter with recorded delivery to the address indicated under “Contact Us” on the 24S Website or by calling 08 00 94 54 24 (toll free number in France) or +33 1 70 37 14 79 in any other country, during the opening hours of the Customer Service indicated under “Contact Us” on the 24S Website.

 

If an investigation carried out by 24 Sèvres, the result of which shall be deemed to provide proof of the dispute concerned, should show that 24 Sèvres or the carrier is exclusively responsible for failure to deliver the goods on time, 24 Sèvres will refund the total amount paid by the Purchaser and received by 24 Sèvres for the Order concerned, provided the entire Order is returned to 24 Sèvres by the Purchaser. The refund shall be in the form of a credit note or a refund according to the Purchaser’s choice, as soon as possible and, at the latest, thirty days after the date on which the Purchaser exercised the right to cancel the Order. 

However, if the Order is not returned in full or if the investigation shows that 24S or the carrier cannot be held exclusively liable, the Purchaser cannot claim either a refund of the amount paid, nor a new delivery of the products ordered unless the Purchaser is able to prove absence of liability by any appropriate means.

Article 6 - Cooling-off period

6.1. Legal cooling-off period

6.1.1. Length of legal cooling-off period

In pursuance of article L.221-18 of the French Consumer Code, the Purchaser has 14 (fourteen) 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. In the case of a Le Bon Marché Gift Voucher purchased on the website, the Purchaser has 14 (fourteen) days from confirmation of the Order to change their mind provided the Gift Voucher has not been used either partly or fully before expiration of said period. If this is not the case, the cooling-off period will not apply and no refund of any kind will be made.

6.1.2. How to cancel the purchase during the legal cooling-off period

The procedure to be followed to cancel the purchase during the cooling-off period is described in article 6.3 of these Terms and Conditions of Sale. 

6.1.3. Products excluded from the legal cooling-off period

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

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

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

As a result, the Purchaser is warned that the legal cooling-off period will not apply to products unsealed by the Purchaser and which cannot be resold by 24 Sèvres without a health or hygiene risk for consumers (e.g. beauty care products, make-up, etc.). The cooling-off period will not apply to products which have been personalised at the Purchaser’s request. 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 legal cooling-off period does not apply if the order benefited from tax refund

6.1.4. Consequences of legal cooling-off period

If the cooling-off period applies and the Purchaser respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded for the returned products and the Order delivery costs (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)..

6.1.5. Costs

24 Sèvres will pay the cost of returning the Products by sending the Purchaser a Return Label.

6.2. Contractual cooling-off period

In order to ensure that its Purchasers and recipients of the Order are fully satisfied, 24S will accept the return of the products ordered on 24S Website after expiry of the legal period set out above in 6.1.1 under the following conditions (hereinafter called the “contractual cooling-off period”).

6.2.1. Length of contractual cooling-off period

The Purchaser or the recipient of the Order has thirty (30) days from the date of receipt of the Order to return the products. 

6.2.2. How to cancel the purchase during the contractual cooling-off period

The procedure to be followed to cancel the purchase during the contractual cooling-off period is set out in article 6.3 of these Terms and Conditions of Sale. 

6.2.3. Products excluded from the contractual cooling-off period

The contractual cooling-off period does not apply to Orders concerning:

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

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

- products considered to be hazardous* (IATA, ADR) such as certain cosmetics (these products cannot be returned for security reasons as they are subject to strict packaging requirements certified by a dedicated organisation). 24S Customer Service will provide the Purchaser with information in this respect on request.

As a result, the Purchaser is warned of the fact that the contractual cooling-off period will not apply to products which have been unsealed by the Purchaser and which cannot be resold by 24S without a health or hygiene risk for consumers (e.g. beauty care products, make-up, etc.). The contractual cooling-off period will not apply to products which have been personalised at the Purchaser’s request. These provisions apply notwithstanding the warranties set out in article 7 of these Terms and Conditions of Sale which remain fully applicable.

6.2.4. Consequences of contractual cooling-off period

If the contractual cooling-off period applies and the Purchaser or the recipient of the Order respects the conditions set out in this article with regard to the time-frame and return procedure, the Purchaser will be refunded by 24 Sèvres for the returned products and the Order delivery costs (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). 

6.2.5. Costs

24S will pay the cost of returning the Products by sending the Purchaser a Return Label.

6.3. How to cancel the purchase during the legal cooling-off period and the contractual cooling-off period

The Purchaser or, where applicable, the recipient of the Order, must inform 24Sof their wish to benefit from the cooling-off period in one of the following ways:

- By contacting 24S Customer Service within 30 (thirty) days of reception of the Order. In this case, the Purchaser can use the Termination Notice appended to these Terms and Conditions of Sale and send it by post to the following address: 24 Sèvres, 17 rue de l’Arrivée, 75015 Paris or by email to the following address: bonjour@24sevres.com. In this case, the Purchaser is informed that it is not technically possible for 24S to stop the products being sent once the Order has been validated. The Order will then be sent to the Purchaser and the Purchaser undertakes, in pursuance of article L.221-23 of the French Consumer Code, to return the products concerned within a maximum period of 14 (fourteen) days after sending the Termination Notice to 24S. In the case of receipt of the products after the above period of 14 days, 24S shall be deemed to have received the Purchaser’s request to benefit from the cooling-off period at the time at which the products were effectively sent.

- By returning the order to the “Click & Collect” dedicated area on the ground floor of Le Bon Marché, 24 rue de Sèvres, Paris 75007. 24S will immediately register the Purchaser’s request to benefit from the cooling-off period and shall refund the price of the returned Products.

The Purchaser will be refunded for the amount of the Order and the delivery costs effectively paid at the time of delivery (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).

6.3.1. General provisions applicable to all types of returns (return to the store and return by post).

The products must be returned to 24S in the original packaging, together with any accessories, instruction booklets, certificates of authenticity, etc., in a saleable condition, at the latest 30 (thirty days) after the date of receipt thereof. For shoes in particular, 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 Purchaser 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 24S. The Purchaser and the recipient of the Order, if different from the Purchaser, are informed that using the Return Label facilitates processing of the return by 24S. The Purchaser or the recipient of the Order, if different from the Purchaser, is therefore invited to use the Return Label. Regarding the returns through the dedicated space in the store Le Bon Marché, the Purchaser can simply present the invoice corresponding to the returned Order. In the case of Le Bon Marché Gift Vouchers purchased on 24S Website, the return conditions set out in article 6 will only apply if the Gift Voucher has not be used, either partly or fully, before expiration of the above period. If this is not the case, the cooling-off period will not apply and no refund of any kind (even partial) will be made.

If the Purchaser 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 Purchaser 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 Purchaser using their own means.

The Purchaser 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. 

6.3.2. Return by post

In addition to the conditions set out in article 6.3.1 of these Terms and Conditions of Sale, the Purchaser or the recipient of the Order who wishes to benefit from the legal or contractual cooling-off 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:

Babylone, 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 Purchaser must obtain the necessary Cites certificates from the local authorities beforehand for customs clearance.

Article 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 Purchaser 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 L217-4: “The seller is required to deliver goods which comply with the contract of sale and is accountable for any lack of conformity at the time of delivery. The seller is also accountable for any lack of conformity resulting from the packaging or from instructions for mounting or installation when the seller is contractually responsible for same or when it is carried out under the seller’s responsibility. 

Article L211-5: “To comply with the contract of sale the goods must:

1) Be suitable for the purpose usually associated with such a product and, where appropriate:

- correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model;

- have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;

2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, brought to the knowledge of and accepted by the seller.”

Article L211-12: The action resulting from lack of conformity is limited to two years after delivery of the goods.

7.1.2 Warranty against hidden defects

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

Article 1641 of the Civil Code: “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 of the Civil Code: “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.”

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

- Either refund the full price of the returned product,

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

7.1.3 Exclusion from warranties

Products that have been modified, repaired, incorporated or added by the Purchaser 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 Implementation of statutory guarantees and warranties

In the case of a statutory guarantee, the Purchaser: - 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 L217-9 of the French Consumer Code; - is dispensed from providing proof of lack of conformity of the goods for two years. 

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

The Purchaser 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 Purchaser 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 Purchaser can contact the Customer Service under “Contact Us” on 24S Website or call 08 00 94 54 24 (toll free number in France) or +33 1 70 37 14 79 in all other countries, during the opening hours of the Service indicated in “Contact Us” on 24S Website.  These provisions do not exclude the cooling-off 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 Purchaser’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 Purchaser’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 Purchaser decides to keep the product.

Article 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. 

Article 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. 

Article 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 Purchaser also has a role to play in protecting personal data. In particular, the Purchaser must ensure the security of their on-line transactions, for example, by not communicating their ID (Purchaser’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 Purchaser to anyone having used their ID (Purchaser’s email address) and/or password. In this respect, use of the Purchaser’s ID (Purchaser’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 24S’ 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.

Article 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”.

Article 12 - Customer Service / Mediation Service

For all additional information, the 24S 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 all questions concerning the status of an Order or return, 24S 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 all claims concerning an Order, the Purchaser is invited to contact 24S Customer Service 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. 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. For further information on submitting a dispute to the Mediator.

For orders made on the site, the Purchaser can also submit complaints on the dispute resolution platform of the European Commission: http://ec.europa.eu/consumers/odr/.

Article 13 – Liability

13.1 Legal capacity

Before placing the Order, the Purchaser 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 Purchasers. As a result, if a person without the legal capacity to contract should order goods on 24S Website, the person’s legal guardians (parents, 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 Purchaser, 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 24S Website nor their fitness for the use that the Purchaser 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 PURCHASER AND ATTRIBUTABLE EXCLUSIVELY TO HAVING PLACED AN ORDER, SAID LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER TO 24 SEVRES. Any claims made by a user, including the Purchaser, against 24 Sèvres must take place within 6 months of the occurrence of the event underlying the claim.

Article 14 – "Data processing, data files and individual liberties"

24 Sèvres collects the Purchaser’s personal data and, where applicable, that of the recipient of the Order. The Purchaser is hereby informed that the automated processing of personal data, as well as the management of users’ email addresses, have been declared to CNIL, the French information commissioner’s office. The end purpose, recipients and conditions under which 24 Sèvres collects and processes personal data are presented in the Website’s Confidentiality and Cookies Policy.

Article 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 Purchaser 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.

Article 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 24S website is governed by French law regardless of the country of residence of the Purchaser and where the Order was placed. FAILING SETTLEMENT OUT OF COURT, ANY DISPUTE THAT MAY ARISE RELATING TO THE INTERPRETATION, PERFORMANCE OR BREACH OF THE AGREEMENT BETWEEN 24 SÈVRES AND THE PURCHASER 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. THE ORIGINAL FRENCH VERSION SHALL TAKE PRECEDENCE OVER THE ENGLISH TRANSLATION OF THESE TERMS AND CONDITIONS OF SALE WHICH ARE PROVIDED FOR INFORMATION ONLY. 

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. 

Appendix 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, 17 rue de l’Arrivée, 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, 24S 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 24S 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 24S Website.

MARKETPLACE TERMS OF USE

24 Sèvres, joint stock company with a capital of €40,000, with registered office at 24-32 rue Jean Goujon 75008 Paris, registered in the Paris Trade and Companies Register under number 797 737 293, and whose intra-Community VAT number is FR52797 737 293 (hereinafter referred to as "24 Sèvres" or "24S").

In 2017, 24 Sèvres created a vendor website to market the products of contemporary and luxury brands. Given its experience and its growing reputation, 24 Sèvres has expanded its business by offering Vendors the chance to market their Offer directly on the www.24s.com website through a Marketplace.

1. Purpose of the Terms and Conditions of Use of the 24S Marketplace

The Marketplace Terms of Use are intended to govern the use made by Customers of the Vendor Offers provided in the account made available to them by 24 Sèvres.

By using the 24S services, the Customer acknowledges having read these Terms of Use and agrees to be bound by them without reservation.

24 Sèvres reserves the right to modify these Terms of Use at any time. The new Terms of Use will be applicable as of their publication.

2. How the 24S Marketplace works

Customers of the 24S Marketplace can access a very wide and varied product offering due to the fact that the 24S website (www.24s.com) and its equivalent app includes complementary offerings, namely (i) the offers selected and marketed by 24S directly, and (ii) the Offers made by the specially selected Professional Vendors.

This service offer enables Customers of the 24S site to have a single access point to a complete, qualitative product offering and to benefit from the 24S Customer Service expertise.

It should be remembered that in terms of the Offers made by the Vendors, 24S is not involved in the sale concluded between the Vendor and the Customer. As such, 24 Sèvres is nothing more than a technical intermediary that makes possible the relationship between the Vendor and the Customer. In addition, the sale concluded between a Customer and the Vendor is subject to the Vendor's General Conditions available via the Vendor's Offer Page. As such, 24S acts only as host of the Offer distributed under the control and responsibility of the Vendor.

Offers made by Vendors on the 24S Marketplace are identifiable on the Offer form and by means of the words "sold and shipped by" at the time of the order.

3. Vendor offers on the Marketplace

24S carefully selects the Vendors present on the Marketplace on the basis of strict criteria such as the sale of contemporary and luxury brand products and respect for the LVMH Code of Conduct. The Vendor publishes its Offers on the Marketplace to sell its products under its name and on its own behalf.

The Vendor Offers detail as a minimum:

  • the name of the Vendor making the Offer,
  • a precise description of the Offer and its essential features,
  • the exact price of the Offer made by the Vendor ,
  • the estimated delivery date for the Order.

The price of the Products is indicated in the currency chosen by the Customer and excludes shipping costs. The shipping costs are calculated before the Customer confirms the order. When the Customer confirms the Order, 24S will offer the Customer all available delivery methods depending on the chosen destination. The shipping costs will be indicated before confirmation of the Order.

The Vendor is free to determine the price of its Offers and to change them at any time. Any price change cannot be applied retrospectively to Orders already placed by Customers.

The shipping costs will be calculated at the end of the Order and will depend on the place of delivery of the Order, as well as the chosen delivery method (standard, express, click & collect, etc...).

4. Ranking of offers on the Marketplace

In the event that there are several identical products marketed by different Vendors, 24S will offer the Customer the lowest priced Offer. The detailed explanation of how offers are ranked is shown here.

5. Order on the 24S Marketplace

The Products marketed directly by 24S and Offers from the Vendors coexist on the 24S Marketplace. Therefore, the Customer may place an order with 24S, a Vendor or a mixed order.

The General Conditions of Sale of 24S or of the Vendor shall apply to sales made respectively by one or the other.

24S will instantly inform the Vendor of any order placed with that Vendor. Once the Vendor has validated the Order, the amount of the Order will be charged to the credit card used for payment. The invoice will be generated by the Vendor for the sale made by it.

If the Vendor declines the Order or one or more Products is unavailable, the credit card used for payment will only be debited the amount corresponding to the Products that will be delivered.

6. Delivery of the Order

The Customer must ensure that the delivery address is correct to allow proper delivery of the Products. Neither the Vendor nor 24S can be held responsible if the order is not delivered due to an error on the delivery address. The Customer will receive an email from 24S indicating the arrival of its Order.

In the case of a mixed Order, the Customer will receive their Order in different packages.

The applicable conditions of return will be those of the Vendor for its Orders and those of 24S for Orders made to 24S.

7. Payment of the Order

The Vendor gives mandate to 24S to cash the selling price of the Orders on behalf and account of the Vendor. This amount will be entered into an escrow account and then transferred to the Vendor once the latter confirms shipment of the Order. If the Vendor does not send the item for any reason, your account will not be debited with the amounts corresponding to the Products not sent.

The bank cards accepted on the Site are: Carte Bleue, Visa, American Express, Master Card.

The Customer may use their PayPal account to pay for their Orders on the Site (except for mixed Louis Vuitton and 24S orders for which payment via PayPal is not available). Any purchase by PayPal will automatically be subject to PayPal's Terms of Service and PayPal's Privacy Policy.

Online credits issued by 24S are not valid for Vendor Offers. Similarly, any discount codes established by 24S will not be valid on Marketplace Products, unless stated otherwise in the promotional code's conditions of use.

The selling prices of the online Products on the 24S Site are indicated in the payment currency chosen by the Customer. The prices shown are those in effect at the time the Customer places the Order.

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

SuisseHong KongCanadaAustralieChineCorée du Sud
CHFHKDCADAUDCNYKRW
USDUSDUSDUSDUSDUSD
EUREUREUREUREUREUR
GBPGBPGBPGBPGBPGBP

As part of the fight against fraud on the Internet, the information relating to the Customer Order may be transmitted to any third party authorised by law or designated by 24S for the sole purpose of verifying the identity of the Customer, the validity of the Order, the method of payment used and the delivery envisaged.

Following this check, 24S reserves the right to request a photocopy of the Customer's identity card and/or any information relating to the Customer's identity. Any Customer has a right to access, rectify and delete personal data that concerns them and which is processed by 24S, under the conditions provided by the "Personal Data and Cookies" charter.

8. In case of dispute or problem related to the Order

For all questions relating to orders placed on the Marketplace, Customers may contact 24S Customer Services directly at the address indicated in their Customer account.

ORDERING OF OFFERS

The website 24S presents an overview of all offers, whether they are offered by 24S directly or by a Vendor on the Marketplace, by placing them into a section (Woman or Man).

Within each section, products are ordered by product type (e.g. shoes, ready-to-wear, etc.) then by category (e.g. trousers, dress, etc.)

Within each category, offers available on the site are displayed using an algorithm based upon the offer's availability. It is then possible to display a selection of these offers according to filters chosen by the Customer (e.g. size, colour, etc.).

The purchaser is able to change the ordering of offers by selecting a different sorting criterion: new items, price low to high, or price high to low.

Ordering of competing offers on the website: If the same product (identical reference code, size and colour) is sold by multiple Vendors, the offer of the Vendor proposing the lowest price for the selected destination country will be displayed by 24S on the results page visible to the purchaser.

If the price and service offered by 24S and a Vendor on the Marketplace are the same, the offer shown on the results page will be the offer from 24S.

If the prices of two Vendors on the Marketplace are the same, the offer shown on the page of search results will be the offer judged most relevant by the 24S algorithm, based upon the following criteria: destination country, selected delivery type, distance from order destination.

In any event, whenever multiple competing offers are available on the website, the purchaser is able to select the Vendor of their choice.

General Terms and Conditions of Distance Selling

Identification of the Seller

ADIEU S.A.S with a capital of 17 024, 00 R.C.S. Paris 424 743 011, with registered offices at 7, rue d’ Aboukir, 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: ADIEU S.A.S., C/O Isabelle Guédon, 7, rue d’ Aboukir 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

AMS DESIGN, Société par actions simplifiées 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 General Terms and Conditions of Sale and the "Privacy and Cookie" 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

CHF

HKD

CAD

AUD

CNY

KRW

USD

USD

USD

USD

USD

USD

EUR

EUR

EUR

EUR

EUR

EUR

GBP

GBP

GBP

GBP

GBP

GBP

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 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.

The Seller 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: AMS DESIGN, 8 place vendôme 75001 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

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

Groupe Operandi, Limited Company (SARL) with a capital of 666045 euros, registered in the Paris R.C.S under number 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

ERES, a simplified joint-stock company with a capital of 100.120 euros, registered with the Paris Trade and Compagnies Register under number 582 114 179, with registered offices at 166 Boulevard Voltaire, 75011 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 (hereinafter “the Orders”)

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

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.

Seller’s products are proposed and described with the highest possible accuracy by the Seller to enable the Buyer to know all their characteristics et particularities. The purchase choice being placed under the sole responsibility of the Buyer.

Please note that purchases made on the Website are reserved for non-professional private individuals – aged over eighteen (18) and with full legal capacity - for their own use (or for purchasing gifts for members of their families) (hereinafter “the Buyer”), 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 Seller reserves the right to refuse any order of Products of an abnormal nature, abusive or contrary to the General Terms and Conditions. The Seller shall not be held liable if the administrative and / or technical process of an order is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of the Seller, or if there is a fraud presumption or that fraud has occurred in any form whatsoever. In this case, the Seller reserves the right to interrupt or cancel the current order and will inform the Buyer by email of the status of his order. The Buyer will be refunded for the sums paid prior to the cancellation of his order 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.

In any event, the Buyer remains personally liable to respect the import and export regulations of the Products sent at his request, especially the applicable taxes and duties. The Seller shall not be held liable in this respect.

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.

The sale will not be considered effective and complete until after confirmation, by email to the Buyer, by the Seller. The Buyer accepts the use of electronic mail for confirmation by the Seller of the content of its Order.

Article 3 – Orders

All Orders imply the acceptance of the General Terms and Conditions of Sale and the "Privacy and Cookie" 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). The Seller or 24 Sèvres cannot be held liable on this point.

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").

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.

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. These delivery times consider the time at which the Order was received and the working days of the destination country within 30 days of payment. 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.

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 must withdraw upon receipt of the Order.
  • The Buyer shall return the Products within a 14 days delay as from the date of notification to 24 Sèvres of his/her decision to return the Product.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery within a maximum period of fourteen (14) days following the date of reception of the returned Products (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

Every Product must be returned new with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, the Seller reserves the right to refuse the reimbursement or replacement of the Product. The Seller shall not make any reimbursement if the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the 24 Sèvres website (www.24s.com).

Products cannot be returned in a Seller’s store or any point of sale selling ERES’ Products.

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, underwear, worn swimwear, etc.),
  • goods manufactured to consumer specifications or clearly personalized

6.3. Costs

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

No return costs shall be reimbursed by the Seller to the Buyer if the latter has made the choice of not using the Prepaid Label provided.

It is stated that in case of withdrawal, the Buyer is solely responsible for obtaining the return of taxes and duties from the competent authority.

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 Order, 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).

The refund will be made - without undue delay - and no later than within 14 days after the notification by the Buyer to use the right of withdrawal. It is specified that 24 Sèvres reserves the right to defer the refund within a maximum period of 14 days following the date of reception of the returned Products or the date of which the Buyer has provided the proof of sending of the Products (with the date used being that of the first of these events)

6.5. General provisions applicable to all return methods

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 mentioned above. 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 Buyer if the Product is contaminated or 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 Products, 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 Product 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.

The Seller 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 the French Consumer Code: "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 L217-5 of the French Consumer Code: "The product conforms to the contract:

1. If it is fit for the purpose usually expected of a similar product and, where applicable: - if it matches the description provided by the seller and has the properties the seller presented to the buyer in the form of a sample or model; - if it has the properties a buyer can legitimately expect based on the public representations made by the seller, the producer or by its representative, particularly in advertisements or labels;

2. Or if it has the features defined by agreement by the parties or is fit for any special use sought by the buyer, which has been notified to and accepted by the seller.

Article L217-12 of the French Consumer Code: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

Article L217-16 of the French Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”

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.

If the Products returned by the Buyer do not correspond to the Products ordered or originate from somewhere other than the 24 Sèvres website, the Seller will not be bound by its obligations described in Articles 7 above.

It should be noted that statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Buyer’s misuse, or non-conform use of the Products with regards of Products characteristics.

Equally, this clause does not apply if the Products were not purchased on the Site, as statutory warranties are binding on the seller from which the Products were purchased.

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.

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 CANNOT BE HELD LIABLE FOR THE BREACH OF ONE OF ITS OBLIGATIONS IF THE POOR PERFORMANCE OF THE CONTRACT IS THE RESULT OF AN EVENT OF FORCE MAJEURE, OR BY THE BUYER'S ACT OR OMISSION OR OF AN UNFORESEEABLE AND INSURMOUNTABLE ACT OF A THIRD PARTY OR AN OBSTACLE OUTSIDE OF THE SELLER' CONTROL THAT THE SELLER COULD NOT REASONABLY FORESEE AT THE TIME WHEN THE CONTRACT WAS ENTERED INTO WITH THE BUYER AND WHICH CONSEQUENCES THE SELLER CANNOT REASONABLY AVOID OR OVERCOME.

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.

For more information, please visit our “Privacy and Cookies Policy”.

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 "Privacy 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

These General Terms & Conditions and any order made are governed by French law barring legal provisions to the contrary imposing the applicability of a foreign law. However, application of the laws of France cannot result in depriving the Buyer of the level of protection provided by provisions of mandatory laws of the country of his habitual residence.

In the event of dispute concerning any order, the Buyer must contact 24S Customer Service via the "Contact Us" section on the 24S Website to refer its claim of dispute and try to find an amicable agreement.

Failing an amicable agreement with 24 Sèvres Customer Service, the Buyer can refer the dispute to the consumer mediator of the FEVAD (the French e-commerce and distance-selling federation) whose details are as follows: 60 rue La Boétie - 75008 Paris / http://www.mediateurfevad.fr.

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.

For orders made on the site, the Buyer can also submit complaints on the dispute resolution platform of the European Commission: http://ec.europa.eu/consumers/odr/

According to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. Regardless of the method used to refer to the mediator, the Customer’s request must contain the following information: his postal address, email address and telephone number, a brief summary of the facts and evidence of previous measures taken with 24 Sèvres Customer Services.

NOTWITHSTANDING THE ABOVE, IF AMICABLE SOLUTION IS NOT REACHED (INCLUDING THROUGH THE MEDIATION PROCESS DESCRIBED ABOVE) OR IF THE BUYER WISHES TO DIRECTLY BRING THE CLAIM OR DISPUTE BEFORE THE COURTS WITHOUT GOING THROUGH AN AMICABLE SOLUTION PROCESS, THE FRENCH COURTS SHALL BE TERRITORIALLY COMPETENT TO HEAR ANY DISPUTE, WITHOUT PREJUDICE FOR THE RIGHT FOR CONSUMER TO REFER THE DISPUTE TO ANOTHER COMPETENT FOREIGN COURT OF HIS CHOICE.

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: ERES, 166 boulevard Voltaire, 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

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

LA MAISON MOREAU SAS with a capital of 2.550.000 euros, registered in the Paris register with number 531 729 986 with registered offices at 49 rue du faubourg saint Honoré 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: LA MAISON MOREAU, 49 rue du Faubourg Saint-Honoré, 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

Orlebar Brown Limited, a company incorporated in England and Wales, (registered under number 05502027, and VAT registration number 872 512 034), whose registered office is at Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom.

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 (hereinafter, “Order”).

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.

Seller’s products (hereinafter, "Products") are described and presented with the greatest possible accuracy by the Seller to enable the Buyer to know all their characteristics and particularities. The purchase choice being placed under the sole responsibility of the Buyer.

Please note that purchases made on the Website are reserved for non-professional private individuals – aged over eighteen (18) and with full legal capacity for their own use (or for purchasing gifts for members of their families) (hereinafter, “Buyer”), 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 Seller reserves the right to refuse any order of Products of an abnormal nature, abusive or contrary to the General Terms and Conditions. The Seller shall not be held liable if the administrative and / or technical process of an order is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of the Seller, or if there is a fraud presumption or that fraud has occurred in any form whatsoever. In this case, the Seller reserves the right to interrupt or cancel the current order and will inform the Buyer by email of the status of his order. The Buyer will be refunded for the sums paid prior to the cancellation of his order 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.

In all cases, the Buyer remains personally liable for the obligations related to imports and exports of the Products shipped internationally at his request, particularly for the payment of the applicable duties and taxes, and the liability of the Seller cannot be sought on this point.

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.

The sale will only be considered final after confirmation by e-mail from the Seller to the Buyer. The Buyer formally accepts the use of e-mail for the confirmation by the Seller of the contents of his order.

Article 3 – Orders

All Orders imply the acceptance of the 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) and the liability of the Seller or of 24 Sèvres cannot be sought on this point.

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

SwitzerlandHong kongCanadaAustraliaChinaSouth Korea

CHF

HKD

CAD

AUD

CNY

KRW

USD

USD

USD

USD

USD

USD

EUR

EUR

EUR

EUR

EUR

EUR

GBP

GBP

GBP

GBP

GBP

GBP

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 within 30 days of payment. 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 must withdraw upon receipt of the Order.
  • The Buyer shall return the Products within a 14 days delay as from the date of notification to 24 Sèvres of his/her decision to return the Product.

The Buyer will be refunded for the amount of the order and the delivery costs actually paid at the time of delivery, within a maximum period of fourteen (14) days from the receipt of the Order (except in the event of a partial return of the Order, in which case, the delivery costs shall remain the responsibility of the Buyer).

Every Product must be returned new with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, the Seller reserves the right to refuse the reimbursement or replacement of the Product. The Seller shall not make any reimbursement if the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the 24 Sèvres website (www.24s.com).

Products cannot be returned in a Seller’s store or any point of sale selling ERES’ Products.

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, underwear, worn swimwear …)
  • 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.

No return costs shall be reimbursed by the Seller to the Buyer if the latter has made the choice of not using the Prepaid Label provided.

It is stated that in case of withdrawal, the Buyer is solely responsible for obtaining the return of taxes and duties from the competent authority.

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 Order, 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).

The refund will be made - without undue delay - and no later than within 14 days after the notification by the Buyer to use the right of withdrawal. It is specified that 24 Sèvres reserves the right to defer the refund within a maximum period of 14 days following the date of reception of the returned Products or the date of which the Buyer has provided the proof of sending of the Products (with the date used being that of the first of these events)

6.5. General provisions applicable to all return methods

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 14 (fourteen) days from its notification of its intent to withdraw in accordance with the aforementioned terms and conditions. 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 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 Products, 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 Product 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.

The Seller 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 the French Consumer Code: "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 L217-5 of the French Consumer Code: "The product conforms to the contract:

1. If it is fit for the purpose usually expected of a similar product and, where applicable: - if it matches the description provided by the seller and has the properties the seller presented to the buyer in the form of a sample or model; - if it has the properties a buyer can legitimately expect based on the public representations made by the seller, the producer or by its representative, particularly in advertisements or labels;

2. Or if it has the features defined by agreement by the parties or is fit for any special use sought by the buyer, which has been notified to and accepted by the seller.

Article L217-12 of the French Consumer Code: "Claims resulting from the lack of conformity shall be time-barred after two years of the delivery of the goods."

Article L217-16 of the French Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”

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.

If the Products returned by the Buyer do not correspond to the Products ordered or originate from somewhere other than the 24 Sèvres website, the Seller will not be bound by its obligations described in Article 7 above.

It should be noted that statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Buyer’s misuse, or non-conform use of the Products with regards of Products characteristics.

Equally, this clause does not apply if the Products were not purchased on the Site, as statutory warranties are binding on the seller from which the Products were purchased.

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 Products 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 CANNOT BE HELD LIABLE FOR THE BREACH OF ONE OF ITS OBLIGATIONS IF THE POOR PERFORMANCE OF THE CONTRACT IS THE RESULT OF AN EVENT OF FORCE MAJEURE, OR BY THE BUYER'S ACT OR OMISSION OR OF AN UNFORESEEABLE AND INSURMOUNTABLE ACT OF A THIRD PARTY OR AN OBSTACLE OUTSIDE OF THE SELLER' CONTROL THAT THE SELLER COULD NOT REASONABLY FORESEE AT THE TIME WHEN THE CONTRACT WAS ENTERED INTO WITH THE BUYER AND WHICH CONSEQUENCES THE SELLER CANNOT REASONABLY AVOID OR OVERCOME.

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.

For more information, please visit our “Privacy and Cookies Policy”.

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

These General Terms & Conditions and any order made are governed by French law barring legal provisions to the contrary imposing the applicability of a foreign law. However, application of the laws of France cannot result in depriving the Buyer of the level of protection provided by provisions of mandatory laws of the country of his habitual residence.

In the event of dispute concerning any order, the Buyer must contact 24S Customer Service via the "Contact Us" section on the 24S Website to refer its claim of dispute and try to find an amicable agreement.

Failing an amicable agreement with 24 Sèvres Customer Service, the Buyer can refer the dispute to the consumer mediator of the FEVAD (the French e-commerce and distance-selling federation) whose details are as follows: 60 rue La Boétie - 75008 Paris / http://www.mediateurfevad.fr.

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.

For orders made on the site, the Buyer can also submit complaints on the dispute resolution platform of the European Commission: http://ec.europa.eu/consumers/odr/

According to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. Regardless of the method used to refer to the mediator, the Customer’s request must contain the following information: his postal address, email address and telephone number, a brief summary of the facts and evidence of previous measures taken with 24 Sèvres Customer Services.

NOTWITHSTANDING THE ABOVE, IF AMICABLE SOLUTION IS NOT REACHED (INCLUDING THROUGH THE MEDIATION PROCESS DESCRIBED ABOVE) OR IF THE BUYER WISHES TO DIRECTLY BRING THE CLAIM OR DISPUTE BEFORE THE COURTS WITHOUT GOING THROUGH AN AMICABLE SOLUTION PROCESS, THE FRENCH COURTS SHALL BE TERRITORIALLY COMPETENT TO HEAR ANY DISPUTE, WITHOUT PREJUDICE FOR THE RIGHT FOR CONSUMER TO REFER THE DISPUTE TO ANOTHER COMPETENT FOREIGN COURT OF HIS CHOICE.

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: Orlebar Brown Limited, Great Western Studios, Studio 101, 65 Alfred Road, London, W2 5EU, United Kingdom

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

Les Studios Du Chateau, SAS with a capital of 15000 euros, registered in the RCS Paris 492134424, et with registered offices at 226 rue Saint Denis, 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 General Terms and Conditions of Sale and the "Privacy and Cookie" 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 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 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.

The Seller 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 : Pascale Monvoisin, 226 rue Saint Denis, 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

CIR, SAS (simplified stock company) with a capital of 550 832,00 Euros, registered in the Paris R.C.S under number 552 057 002, with registered offices at 10 place des Victoires, 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: CIR, 10 Place des Victoires, 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

Solune, SAS with a capital of 21 860 euros, registered in the Paris RCS under the number 419 501 085, with registered offices at 8/10 Rue de la Pierre Levée - 75011 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: Solune SAS, 8/10 Rue de la Pierre Levée, 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.