Terms & Conditions

 

These Terms & Conditions serve as a translation of our official French Terms & Conditions, also known as our . The French Conditions Générales des Ventes serves as the legal binding agreement and should be referred to for all legal purposes. Click here to read our Conditions Générales des Ventes in French.

 

Any online purchase completed at www.les-sublimes.com is subject to prior acknowledgement and acceptance of these general Terms of Sale.

1. DEFINITIONS

  • Item: Products of any kind offered for sale (ecommerce service) on the Site.
  • Customer: a non-business individual placing the Order and holding full legal capacity.
  • Order: commitment to purchase all the Items selected by the Customer via the ecommerce service of the Site.
  • Site: website produced by Luftmensch et Alors and accessible at les-sublimes.com.

2. PREAMBLE

These general terms of sale (hereinafter "TOS") exclusively apply between the Customer and Luftmensch et Alors S.A.S with head offices located at 10 rue Cail 75010 Paris registered in the Trade and Companies Register of Paris under the number 813 533 056 (hereinafter "Luftmensch et Alors").

The TOS are applicable without restriction or reserve to all the Items offered for sale on the Site. Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Customer.

The validation of an Order following the order procedure offered on the site requires acceptance of these TOS.

These TOS shall take precedence over any other document.

3. ATTENTION

All Customers are informed of the lack of reliability of the Internet, especially in terms of relative security in data transmission, continuity in unsecured access to the Site, non-guaranteed performance in terms of the volume and speed of data transmission and virus propagation. Luftmensch et Alors warns each Customer of the need to implement on his/her computer, portable or mobile solution any security measures likely to prevent the spread of viruses.

As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the order is placed.

4. CREATION OF A CUSTOMER ACCOUNT

Placing an Order via the Site requires the prior creation of a customer account. Creation of a customer account is completed by the Customer by filling out the form requesting identification information. This account is strictly personal and enables an individual to log in before placing an Order.

When creating the customer account, the customer enters data that allows his/her identification under his/her full responsibility, control and direction and is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age. Usernames and passwords are personal and confidential. The Customer is solely responsible for them. The Customer has the option to create an account and sign-in using « Facebook Connect ». To learn more about the protection of your personal information that is collected, the use of this information, your rights, and optional settings to protect your privacy, please consult Facebook’s Privacy Policy.

The Customer undertakes to keep his/her password secret and to not disclose it under any context and for any reason whatsoever. If it is suspected that a username and password has been used by a third party, the Customer must immediately alert Luftmensch et Alors to change his/her password and/or choose to close his/her account.

Luftmensch et Alors reserves the right to close any customer account and refuse any sale to a Customer.

5. ITEM CHARACTERISTICS

The Items available for sale are those appearing on the Site. The offers are valid as long as they are visible on the Site. They are offered so long as their availability is displayed on the Site.

Luftmensch et Alors reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site. In the event of an Item's unavailability after placing an Order, the Customer is notified by email and the Order is automatically cancelled.

The Items for sale on the site are only available for delivery in countries proposed on the Site.

The characteristics of Items sold on the Site (photographs, graphics and descriptions of items, etc.) are purely indicative and are not contractual. Luftmensch et Alors takes the greatest care in the presentation and description of these products in order to provide the customer with the best possible information. However, it is possible that non-substantial errors may appear on the Website, which the customer acknowledges and agrees to.

6. ORDERING ITEMS

Placing an Order requires the registration of the Customer or the logging in of the Customer into the Customer Account. In doing so, the Customer declares being at least 18 years old and having full legal capacity to place his/her Order.

The payment of the Order requires the acceptance of these TOS, the price of the Items and the content of the Order.

After validation of payment, Luftmensch et Alors sends an order confirmation email to the Customer. If the Customer does not receive an email following his/her Order, he/she must contact Luftmensch et Alors customer service.

Every Order is subject to the prior acceptance of Luftmensch et Alors and is not definitively confirmed until after receipt by the Customer of an email confirming the shipping of the Item(s).

Luftmensch et Alors cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.

7. PRICES OF ITEMS

The prices are indicated on the Website in euros, not including the processing and shipping fees. The shipping costs are specified on the Site before validation of the Order.

Luftmensch et Alors reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order. The price of the Items invoiced is therefore that indicated during the Order.

The items remain the full property of Luftmensch et Alors until complete payment of the price, which the Customer recognises and accepts.

8. PAYMENT OF THE ORDER

The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express).

The transactions carried out on the Site are entrusted to SHOPIFY. They are secured by a solution that presents highly secured pages to enter payment information: card number, expiration date and the visual cryptogram. This platform encrypts then transmits this payment information to the bank, in full confidentiality and makes them inaccessible to third parties.

9. DELIVERY CONDITIONS

The Items are delivered only to countries listed on www.les-sublimes.com.

The Customer is informed that he/she must exactly provide all the information necessary for the proper filling of his/her Order and seamless delivery (for example access codes, specification of access, phone number, etc.).

If the Customer is not home at the time of delivery, a note is left informing the Customer of how the package will be retained and made available, under the complete and exclusive responsibility of the carrier. If the delivery address provided by the Customer is not valid and causes a return of the package due to non-receipt at the indicated address, the return shipping fees of the package to the new address communicated will be covered by the Customer.

The Customer fully and exclusively assumes the risks related to the Items as of their delivery.

10. DELIVERY LEAD TIMES

The items are delivered to the delivery address indicated by the Customer in the Order.

Luftmensch et Alors puts forth its best efforts to issue the Order within a maximum lead time of 5 business days and undertakes that this delivery will be carried out within 30 calendar days as of the Order, under the condition of complete payment of the price. In the event of a delay in delivery exceeding the maximum lead time above, the Customer may contact Luftmensch et Alors by email to request cancellation of his/her Order. The contract and therefore the sale will be considered breached upon receipt by Luftmensch et Alors of the email or letter in which the Customer informs his/her decision, unless the delivery takes place between the shipping and receipt of the email or letter from the Customer.

In the event that the Order would be permanently cancelled, the Customer will be refunded the price paid for his/her order within 30 days of the cancellation confirmed by e-mail. In the event that the Customer receives the package after the cancellation of his/her Order, Luftmensch et Alors will refund the items and return shipping costs, upon receipt of all of them in their perfect original condition.

Each delivery is deemed completed upon provision of the package to the Customer, by the carrier, evidenced by the control system used by the carrier.

If the package is damaged the Customer must contact customer service following the exchange policy.

Luftmensch et Alors cannot be responsible for late delivery due exclusively to the unavailability of the Customer.

11. EXCHANGE

If an Item is delivered and does not match the Customer's Order, or was damaged during delivery, the Customer may exchange the aforementioned Item with Luftmensch et Alors. In this case, additional shipping fees will be covered by Luftmensch et Alors.

In order to organise an exchange, the Customer must contact Luftmensch et Alors no later than 2 calendar days after the reception of his/her Order. Any claim made after this deadline will not be accepted and Luftmensch et Alors will be released from any liability.

All exchanges must include all the Items of the Order applying to the exchange. These items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in a resalable condition (undamaged, unused, unwashed and unsoiled by the Customer).

Any non-compliant return shall be rejected and Luftmensch et Alors will be released from any liability.

Once the return is verified and approved, Luftmensch et Alors will exchange the Item(s) as soon as possible and no later than 20 calendar days after the date on which the Articles were received.

12. RIGHT TO CANCEL AND RETURN AN ORDER

In accordance with European consumer protection laws, the Customer has a period of 14 days from receipt of the Order to exercise his/her right to cancel and return an order without having to give any reasons or incurring penalties, except any appropriate return costs.

If the Customer wishes to exercise his/her right to cancel and return an order, he/she must make a return request by e-mail to hello@les-sublimes.com no later than 14 calendar days after the reception of his/her Order and before sending the Order back to Luftmensch et Alors. No return shall be accepted without the prior approval of a return request.

Return shipping fees will be covered by the Customer.

All returns must include all the Items of the Order with which the Customer was not satisfied. These items must be returned properly protected in their original packaging (a carefully opened package will not be considered damaged packaging) and in a resalable condition (undamaged, unused, unwashed and unsoiled by the Customer).

Once the return is validated, Luftmensch et Alors will reimburse the Customer the full amount paid for the Order, excluding shipping fees, to the Customer's bank account used for payment of items, as soon as possible and no later than 30 calendar days after the date on which the Articles were received.

13. WARRANTIES

Items are guaranteed against compliance defects and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code (France), as of delivery:

    • Article 1641 of the Civil Code: the seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known.
    • Article 1648, paragraph 1 of the Civil Code: the action resulting from latent defects must be filed by the purchaser within two years after discovery of the defect.
    • Article L. 211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.
    • Article L. 211-5 of the Consumer Code: to comply with the contract, the item must:

1 / Be suitable for the purpose usually expected of a similar item, and where appropriate:

      • correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;
      • feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labeling;

2/ Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

      • Article L 211-12 of the Consumer Code: the action resulting from lack of compliance is recorded within two years after delivery of the goods.

This guarantee allows the Customer to return the defective or non-compliant item delivered for a refund under the aforementioned conditions.

14. AGREEMENT UPON PROOF

The Customer recognises and accepts that the Order recording systems document all the transactions made between Luftmensch et Alors and the Customer.

The Customer recognises and accepts that the proof of acceptance of the TOS is characterised by validating the Order. For this purpose, the Customer acknowledges and agrees that the electronic data stored in Luftmensch et Alors computer servers in reasonable conditions of security and integrity are considered, irrefutably, as evidence of acceptance of the terms of the TOS and the proof of all transactions between the Customer and Luftmensch et Alors.

Luftmensch et Alors will save the Purchase orders and invoices on a reliable and durable medium, pursuant to the provisions of Article 1348 of the Civil Code and guaranteeing access to the Customer at any time if they so request it in accordance with the provisions of Article L. 134-2 of the Consumer Code.

Consequently, unless a clear error on the part of Luftmensch et Alors is proven by the Customer, the latter cannot challenge the admissibility, validity or probative value of the TOS and the content of the Order, based on any of the legal provisions that exist and that specify that certain documents must be written or signed to constitute proof.

Thus, these elements constitute proof and, if they are produced as evidence by Luftmensch et Alors in any litigation or otherwise, shall be admissible, valid and opposable in the same manner, under the same conditions and with the same probative value as any document created, received or retained in writing.

RESPONSIBILITY

Luftmensch et Alors reserves the right to modify the information contained in this Site at any time and without notice.

The responsibility of Luftmensch et Alors cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or Force Sandroure as defined by case law rendered by French courts. Notably, Luftmensch et Alors shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control ("Case of Force Sandroure"). A Case of Force Sandroure includes any act, event, non-performance, omission or accident beyond the control of Luftmensch et Alors. The execution of the TOS shall be suspended for as long as the Case of Force Sandroure continues and the execution and delivery lead times shall be extended accordingly. Luftmensch et Alors will endeavour as far as possible to end the Force Sandroure or to find a solution allowing it to fulfil its contractual obligations despite the Force Sandroure.

16. PROTECTION OF PERSONAL INFORMATION

The personal information collected on the Site is intended for Luftmensch et Alors with the consent of the Customer. Luftmensch et Alors undertakes to protect the personal information of its Customers. All personal data concerning the Customer collected by Luftmensch et Alors is treated with the strictest confidentiality, in accordance with the provisions of Act 78-17 of 6 January 1978 relating to data privacy (France), for the purpose of processing Orders.

The personal information and data of Customers is required to manage the Orders and relationships with Customers and to keep them informed of all offers and sales information that may be of interest. It can be sent to providers and contractual partners that are involved and contribute to the management of orders.

This information and the management of Orders are also stored for security purposes, to meet legal and regulatory obligations and to allow Luftmensch et Alors to improve and personalise the services offered to Customers.

Pursuant to the data privacy Act of 6 January 1978 (France), the Customer has a right to access, change and oppose personal information concerning him/her. To exercise this right, the Customer must address an email to Luftmensch et Alors Customer Services and by indicating the Customer's surname, first name, email address and customer references. Each request must be signed and accompanied by a photocopy of an identification document bearing the signature of the Customer and specify the response address. This response shall therefore be addressed within a period of 2 months following receipt of the request.

During the input of personal information on the Site and prior to its collection, all Customers have the option of accepting to receive information related to Luftmensch et Alors. Pursuant to the legislation in effect, such information shall only be addressed to the Customer, if and only if, he/she expressly accepts to receive it.

17. COMMERCIAL OFFERS AND NEWSLETTERS

Luftmensch et Alors may send commercial offers to Customers by post, email, sms, telephone or via any web spaces run by Luftmensch et Alors on social networks, subject to prior acceptance. At any time, the Customer has the ability to cancel these commercial notifications, without cost, by clicking on the unsubscribe link, appearing in each email.

18. COOKIES

When visiting the site, information pertaining to the Customers' browsing may be recorded in "Cookies" installed on their terminal (computer, tablet, Smartphone). These cookies are issued by Luftmensch et Alors in order to facilitate browsing on the Site and allow recognition of Customer browsers when they are connected to the Site.

These cookies are issued in order to:

  • establish visitor statistics (number of visits, pages viewed, cancellation of the order process, etc.)
  • adapt the presentation of the Site to the display settings of terminals,
  • memorise the information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
  • Luftmensch et Alors reserves the right to implant cookies on the Customer's computer when visiting the Site.

A cookie is a small file that is sent to the Customer's computer and stored on the hard drive. If the Customer is registered with Luftmensch et Alors, his/her computer will store an identification cookie that will save time each time he/she visits the Luftmensch et Alors site because it will remember the Customer's email address.

A cookie does not allow the identification of the Customer but the purpose is to note the prior visit of the Customer on the Site to help Luftmensch et Alors personalise its services.

The Customer may configure settings so that cookies are deactivated and avoid the installation of cookies without his/her express consent on his/her computer.

Any settings implemented by the Customer shall be liable to change Internet browsing and conditions of access to certain services on the Site requiring the use of Cookies.

The Customer may express and modify at any time his/her wishes pertaining to cookies, by the methods described below.

The Site uses computer applications from third parties that allow the Customer to share the content of the Site with other people or to make known to other individuals his/her opinion of the content of the Site. (Social networks such as Facebook, "Google+", "Twitter", etc.).

When the Customer visits a page of the Site containing a "Share" or "Like" button, the browser establishes a direct connection with the servers of the concerned social network.

If he/she is connected to the social network during browsing, the application buttons allow to connect the pages visited to his/her account.

If he/she interacts via plug-ins, for example by clicking on the "Like" button; or in leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his/her account.

If the Customer would not like social networks to connect the information collected through the Site to his/her account, he/she must logout of the concerned social network before visiting the Site.

Luftmensch et Alors is in no way responsible for the content or operation of any of the social networks, including those which may be connected to the Site.

19. INTELLECTUAL PROPERTY

Luftmensch et Alors is the exclusive holder of the intellectual property rights:

  • over the Items sold on the Site,
  • over the trademarks associated with the Items,
  • over the Site, and notably on its layout, organisation and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, its software, text, animated or fixed images, sounds, know-how, drawings, graphics and any other element making up the Site,
  • over the databases, their structure and their content, designed and managed by Luftmensch et Alors, for the editing needs of the Site,
  • over all the design elements of the Site whether graphic or technical,
  • over all the names, acronyms, logos, colours, graphics or other signs that may be used, completed or implemented by Luftmensch et Alors.

It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.

As such, the reproduction or use of all or part of these elements is only authorised for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.

Any other use, without the prior and written permission of Luftmensch et Alors constitutes infringement and shall be punished according to intellectual property regulations.

Any hyperlink to the homepage of the Site, or any other page of the Site, is subject to the prior and written agreement of Luftmensch et Alors.

20. MODIFICATION OF THE TOS

Given the possible changes of the Site and regulations, Luftmensch et Alors reserves the right to change the TOS at any time.

The new TOS will be, as appropriate, made known to the Customer by online modification and will be applicable only to sales completed after the modification.

21. APPLICABLE LAW

These TOS are subject to French law.

Any dispute will fall under the exclusive competence of the competent French courts, if no amicable agreement is reached between the Customer and Luftmensch et Alors.

 

 




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