The Socialite Family (hereinafter “TSF”) operates a website accessible from the address www.thesocialitefamily.com (hereinafter the “Website”), from which it is possible to order furniture and decoration items online (hereinafter the “Product(s)”) sold by TSF.

The Website is intended for consumers and professionals. However, these General Terms and Conditions of Sale only govern the sale of Products on the Website to consumers, defined as any natural, adult person, at least 18 years old or having the authorisation of his/her legal representative if he/she is a minor on the date of the validation of his/her order, who is acting for purposes that do not fall within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity (hereinafter the “Customer(s)”).

If you are a professional, the contractual terms governing the sale of Products on the Website are available on request from pro@thesocialitefamily.com. 

The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to set out the terms and conditions of sale of the Products by TSF to consumer Customers via the Website, as well as to define the rights and obligations of the Parties in this context.

They express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer or other written or oral document having the same purpose. They are accessible and printable at any time by a direct link on the homepage of the Website.

The Website is operated by The Socialite Family SAS (a limited liability company under French law) with share capital of €139,515, whose intra-community VAT number is FR44797641131, entered on the Paris Trade and Companies Register under the unique number 797 641 131, whose registered office is located at 12 rue Saint Fiacre 75002 Paris, France.

Telephone: 01 82 28 06 87

Email: shop@thesocialitefamily.com

The Customer undertakes to read these General Terms and Conditions carefully and expressly accept them, before paying for an order for Products placed on the Website.

Acceptance of the General Terms and Conditions can only be full and complete. Any conditional acceptance shall be considered null and void. Any Customer who does not agree to be bound by the General Terms and Conditions may not order Products.

Any order for Products entails the express prior acceptance of the General Terms and Conditions.

4.1 Registration on the Website or Guest Order

Customers wishing to place an order may register on the Website and open an account (hereinafter: the “Account”), under the conditions described below or place an order as a guest (hereinafter a “Guest Order”) by only entering their email address, delivery and payment information.

All users have the right to register when they first visit the Website, or at any time.

In order to open an Account, the Customer is required to:

• Complete the form provided for this purpose and enter the required information, the Customer must provide all the information marked as mandatory, which he/she acknowledges and accepts;

• Read and accept these General Terms and Conditions by clicking on the button provided for this purpose, thus finalising registration on the Website.

Any incomplete registration may not be validated, which the Customer acknowledges and accepts. Registration entails the opening of an Account in the name of the Customer, giving him/her access to a personal space (hereinafter: the “Personal Area”) that allows him/her to manage and track his/her orders, update his/her personal information including his/her postal addresses, change his/her password, in a form and using the technical means that TSF deems most appropriate. Customers access their Personal Area at any time after identifying themselves using the chosen login and password. We recommend that you change your password regularly.

The Customers guarantee that all the information they provide in the registration form is accurate, up-to-date and sincere, and is not misleading in any manner. They undertake to immediately update this information in their Personal Area in the event of changes, so that it always corresponds to the aforementioned criteria. The Customer is solely liable for the consequences arising from information transmitted that is false or inaccurate or the recovery of which would be unlawful.

Customers are informed and accept that the information entered for the purpose of creating or updating their Personal Area constitutes proof of their identity and commits them as soon as it is validated.

The Customer shall be solely liable for the use of his/her credentials or actions taken through his/her Account. He/she undertakes to keep his/her login details confidential. Under no circumstances shall TSF be held liable in the event of the identity theft of a Customer. Any access and action made from a Customer’s Account shall be presumed to be made by said Customer.

Any loss, misappropriation or unauthorised use of a Customer’s Credentials and the consequences thereof are the sole liability of the Customer, the latter being required to notify TSF, without delay, by email to the address indicated in Article 2.

The Customer may delete his/her Account at any time by sending an email to TSF. TSF shall deactivate the Account promptly and send the Customer an email confirming the closure. Any order in progress shall be fulfilled despite the closure of the Account.

4.2 Ordering procedure

To purchase a Product, the Customer may click on their graphic representation, choose the desired quantity and add it to their basket or click on the “buy” button indicated on the graphic representation of the Product which allows a copy of the selected Product to be directly added to the shopping basket. This product is added to his/her shopping cart already containing, where applicable, other items that the Customer wishes to purchase and has previously placed in his/her shopping cart.

Before validating his/her order, the Customer must check the content of his/her basket, in particular the quantity of each Product in the basket, its characteristics and its price. Depending on the delivery information provided (chosen shipping method, delivery address), the Customer shall be informed of the logistics and delivery costs as well as the applicable taxes in the order summary. Once these items have been reviewed, the Customer may then pay for the Products according to the payment method chosen, following the instructions on the Website.

The Customer expressly represents that he/she has all the necessary authorisations to use the payment method when validating his/her order. He/she further undertakes to ensure he/she is solvent before placing any order, to ensure that TSF is able to deliver the Products ordered. In the event of insolvency, TSF further reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment.

4.3. Order confirmation by TSF

Once the order has been placed, TSF shall send the Customer an email confirming it and summarising the details of the order within 24 hours. This email also indicates the estimated delivery times. TSF reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.

5.1. Product Characteristics

The Products offered for sale are presented on the Website and accompanied by a description.

The new Products sold on the Website comply with the standards and regulations applicable in France. Elements such as photographs, texts, graphics illustrating and/or accompanying the Products, although representing the Products as accurately as possible, are not contractual, which the Customer acknowledges.
For each Product, a description sets out the essential characteristics of the Product in question.

As some products are crafted, TSF cannot guarantee the Customer that the products shall strictly comply with their representation on the Website.

Some Products sold on the Website are old and second-hand products sometimes available in a single unit. The fact that the Product is old/second-hand is mentioned in the description of the Product. These products may not be exchanged or replaced. These products are sold as is or restored, according to the indications provided for each product on the description sheet. They may therefore bear marks, wear scratches or defects. The sale of these old and second-hand products implies, on the part of the Customer, acceptance and full knowledge of the wear and tear of the product, its age and its fragility.

Other Products sold on the Website are exhibition products and/or have defects (the “Imperfect Products”). Imperfect Products are offered for sale at periods determined by TSF and at a reduced price in order to take into account their defects. The mention of imperfections is included in the description of the Imperfect Products. These products may not be exchanged or replaced. These products are sold as is, according to the information provided for each product on the description sheet. They may therefore bear marks, wear scratches and/or defects. Ordering these Imperfect Products implies, on the part of the Customer, acceptance and full knowledge of the imperfection of the Product.

The Customer acknowledges and accepts that no warranty may be invoked with regard to defects or imperfections brought to his/her attention in the description of the Product prior to the order.

5.2. Availability of Products

The Products are offered for sale within the limit of available stocks. TSF informs the Customer of the availability of the Products sold on the Website at the time of the order confirmation.

Some Products are manufactured to order or may be ordered while they are in the process of being manufactured. In such an event, TSF shall communicate to the Customer the estimated manufacturing lead times and inform him/her, by e-mail, in the event of a delay in order to communicate a new lead time.

If, despite TSF’s vigilance, the Products are unavailable, TSF shall inform the Customer thereof by email at the earliest possibility. Please note that lead times may vary depending on the volume of orders and the period of the year.

The availability of the Product is acquired by confirmation of the order by TSF. Thus, a Product may become unavailable between the time it is added to the basket and the time the Customer finalises the order. If the Product becomes permanently unavailable after validation of the payment by the Customer, TSF guarantees the cancellation of the order and the full reimbursement of the price paid by the Customer no later than thirty (30) days following the payment of the sums by the Customer. In the event of temporary unavailability of the Product, TSF shall inform the Customer of the new lead times applied.

TSF shall under no circumstances be held liable form the permanent or temporary unavailability of a Product, nor shall this entitle the Customer to any right to compensation or damages.                                                                                                                                      

6.1. Price

The currency mentioned for the prices of the Products varies depending on the country in which the Customer is located. For all Products, the Customer shall find on the Website prices displayed in euros for orders delivered in France and in the European Union, in US dollars for orders delivered in the United States and in other countries delivered by TSF as specified on the Website.

Prices are understood to be inclusive of tax, namely including value added tax (VAT) at the rate in force on the date of the order and in the country of delivery. Any change in the applicable rate may impact the price of the Products from the effective date of the new rate.

PRICES DO NOT INCLUDE APPLICABLE DELIVERY CHARGES (DEPENDING ON THE DELIVERY ADDRESS AND CHOSEN CARRIER OR MODE OF TRANSPORT) OR CUSTOMS DUTIES AND OTHER TAXES THAT MUST BE PAID DIRECTLY TO THE CARRIER BY THE CUSTOMER.

TSF reserves the right to change its prices at any time but the Products shall be invoiced on the basis of the prices in force at the time of the registration and payment of the order, subject to availability.

6.2. Means of payment

The Products are payable directly upon order.

The Customer warrants to TSF that he/she holds all the authorisations required to use the chosen payment method.

The Customer may pay for his/her Products online on the Website according to the means offered by TSF, namely:

·        by credit card via the platform of its payment provider, the company Adyen registered with the Dutch Chamber of Commerce under number 34259528 and having its registered office at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands (hereinafter the “Payment Service Provider”),

·        by gift card,

·        via PayPal,

·        by credit note,

·        in 3 instalments free of charge with Alma (the “Payment Service Provider”), or

·        by immediate e-transfer with the payment provider Fintectecture SAS, a limited liability company under French law, entered on the Créteil Trade and Companies Register under number 834 500 548 and having its registered office at 5 avenue du Général de Gaulle, 94160 Saint-Mandé. Fintecture is a payment institution supervised and authorised by the Banque de France and the ACPR under No. 17248 (the “Payment Service Provider”). The e-transfer service is only available for banks listed by the Payment Service Provider and in France, Spain, Italy, Belgium, Portugal and Luxembourg.

The bank cards accepted are those of the Carte Bleue, Visa, Eurocard/Mastercard networks. Customers contract directly with one of the Payment Service Providers, which they acknowledge and accept. The Payment Service Provider alone retains the bank details or bank account data for the purposes of making payments, TSF does not retain any bank details.

As the order for a Product requires payment, by accepting this agreement, the Customers also accept the general terms and conditions of use of the Payment Service Provider of the chosen payment method. Customers are informed and accept that the end of the contract between a Customer and the Payment Service Provider, for any reason whatsoever, automatically and ipso jure results in the termination of the General Terms and Conditions between TSF and this Customer. Similarly, the termination of the contract between TSF and a Customer shall automatically and ipso jure result in the termination of the general terms and conditions between this Customer and the Payment Service Provider.

The transaction is immediately debited from the Customer’s bank card after verification of the data, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer.
Pursuant to Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing the information relating to his/her bank card, the Customer authorises TSF to debit his/her bank card for the amount corresponding to the price including tax.

To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name on the bank card is indeed his/her own. The Customer shall provide the sixteen digits and expiry date of its bank card as well as, where applicable, the visual cryptogram numbers.

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the Customer proves impossible, the order shall be cancelled and the sale automatically terminated.

Payment in instalments with Alma. The Customer has the possibility of paying for his/her order in several instalments through the existing partnership between Alma and TSF for any cumulative purchase whose amount is between €350 incl. VAT and €8,000 incl. VAT. This payment in instalments is subject to the prior and unreserved acceptance of Alma’s general terms and conditions. TSF shall bear the fees applicable to this means of payment.

Payment by e-transfer: Payment by e-transfer is available with Fintecture, which allows the Customer to pay for his/her order by instant bank transfer. The Customer must select his/her bank from the banks offered by the Payment Service Provider and shall be redirected directly to his/her bank account to verify the amount of his/her order and validate the payment. The Customer does not need to enter their IBAN and the amount of the order is pre-filled, which the Customer must verify.

Gift card. Customers have the option to purchase E-gift cards on the Website. An E-Gift Card may in particular take the form of a code to be entered when purchasing Product(s) on the Website. The Customer may choose the amount of the E-Gift Card according to the amounts offered, add a personalised message to accompany the E-Gift Card and choose how it is sent:

·        Printing: the E-gift card shall be immediately sent to the email address used to place the order. The Customer may then print it out.

·        Sending by email: the Customer may send the E-gift card directly to the beneficiary by email. The Customer indicates the email address of the beneficiary and chooses the date when it is to be sent. When the E-gift card is sent to the recipient, the Customer also receives an email confirming that it has been sent.

When all the required information is entered, the Customer must validate the E-gift card and add it to the shopping basket. Before it is issued, the Customer must pay for an E-Gift Card using one of the payment methods listed above. Once the E-Gift Card has been paid, no changes to the E-Gift Card information (message, type of sending, date of sending, etc.) can be made.

E-gift cards are valid exclusively on the Website (excluding any point of sale). The validity period of an E-Gift Card is 6 months from its purchase date.

The amount available on the E-gift card can be used in one or more instalments, it can be supplemented with another means of payment.

Any Customer who has purchased an E-Gift Card may exercise their right of withdrawal in accordance with Article L.221-18 of the French Consumer Code within 14 (fourteen) days of the date of purchase, as specified in Article 11 hereof. The Customer is informed and accepts that the E-Gift Card must not have been used, even partially, to be the subject of a right of withdrawal. No E-Gift Card used, even partially, shall be refundable, even in part. Only the purchasing Customer can obtain a refund, and only via the payment method used for the purchase.

The E-Gift Card cannot be exchanged for a cash amount. The Customer is solely liable in the event of the loss or theft of the E-Gift Card.

The countries in which the Customer can receive a delivery are those listed on the Website. Any Customer located outside mainland France or outside the EU wishing to order outsize Products must contact TSF’s customer service department. When placing an order, the Customer may opt for delivery, a pick-up point or click & collect (for the Paris region only). By default, the delivery of the Products takes place, after recording the payment of the order, to the delivery address indicated by the Customer and once all the Products ordered are available in a single delivery. No change to the delivery address may be made after payment of the order.

If the Customer wishes to proceed with an early shipment of the available Products without waiting for the availability of all the Products, it must contact TSF’s customer service department by telephone or by email as mentioned in Article 2 hereof. In the event of a positive response to this request, an adjustment of the delivery costs shall be made to adapt to the Customer’s request.

The amount, including VAT, of the Customer’s contribution to the logistics preparation and delivery costs of the order shall be indicated before the payment of the order by the Customer.

7.1 Click & Collect

Only certain Products are eligible for Click & Collect. This option is only offered for Products that may benefit from it and for a delivery address in the Paris region. The Customer may then choose to collect their order from the TSF store located at 12 rue Saint-Fiacre 75002 Paris by opting for “click & collect”. In such an event, no shipping costs are applied. The Customer is informed by email of the availability of his/her order at the TSF store and has a period of 14 (fourteen) calendar days from the date of sending of the email to collect his/her order. The Customer must present himself/herself with his/her proof of identity and his/her order number.

If the Customer does not collect his/her order within the aforementioned 14 (fourteen) day period, TSF shall cancel the order and refund it within 14 (fourteen) days.

7.2 Delivery

Delivery takes place, at the Customer’s discretion, either at the selected pick-up point (subject to the Product’s small size and the acceptance of the parcel by the selected pick-up point), or by receipt of the Products at the postal address indicated. The Products are shipped with the delivery note. Delivery may not be made to hotels or post office boxes.

Deliveries are made by carriers selected by TSF, from Monday to Saturday, depending on the option chosen by the Customer when validating his/her order - within a maximum period of 21 calendar days for any Product in stock - according to the content of the order and the delivery address, from the receipt of the full price of the order, and unless expressly requested by the Customer for a later delivery date by email sent to shop@thesocialitefamily.com. The Customer undertakes to provide a valid telephone number and agrees that this number shall be communicated to the carrier in order to agree the date and time of delivery.

By validating his/her order, the Customer undertakes to guarantee the accessibility of the place of delivery by the carriers and to be present on the day and during the time slot that he/she has set with the carrier for delivery.

When making an appointment with TSF s carrier, the Customer must expressly report any access difficulties that the carrier may encounter.

In the event of a delivery requiring the rental of lifting devices, or any other equipment, the Customer must contact TSF’s customer service department using the contact details mentioned in Article 2 in order to verify the feasibility of such a delivery. TSF shall make its best efforts to ensure this delivery and shall communicate the additional costs to be borne by the Customer in addition to the sale price and delivery costs mentioned on the Website. 

In the event that the Customer is absent from the address indicated on the day of delivery, or in the event of an error made by the Customer in indicating the delivery address, the costs associated with the new delivery shall be borne exclusively by the Customer. These costs amount to the amount of the initial shipping costs, excluding any discount, indicated when placing an order on the Website, plus any costs for renting lifting equipment, cherry pickers and goods lifts.

Similarly, in the event that it is impossible to make the delivery due to access difficulties not notified in advance, the costs of a new delivery shall be borne by the Customer.

7.3 Delivery times

Delivery times are indicated on the Website and may vary depending on the nature and availability of the Products ordered.

In the event of late delivery, TSF shall inform the Customer by email that the delivery shall take place late, specifying the new estimated delivery time.

In order for these deadlines to be met, the Customer must ensure that he/she has provided accurate and complete information regarding the delivery address (such as, in particular: the street, building, staircase number, access codes, names and/or intercom numbers, floor, etc.) as well as the accessibility conditions. TSF may not be held liable for the consequences due to a delay or impossibility of routing resulting from erroneous or incomplete information from the Customer or an unforeseeable and insurmountable fact of a third party to the contract or a case of force majeure. In the event that delivery requires that an appointment be made with the Customer, TSF shall not be liable for any delay or impossibility to deliver due to the repeated unavailability of the Customer.

The Customer acknowledges that he/she is fully informed that the delivery shall be deemed to have been made:

• at the time of signature of the delivery note by the Customer or any third party designated by the latter;

or

• at the time the Products are deposited in a pick-up point or any other delivery point selected by the Customer.

The Customer acknowledges that the installation or fitting of the Products shall be carried out at his/her expense and under his/her responsibility.

7.4. Recovery of used products

Within the framework of extended producer responsibility and in accordance with Article L. 541-10-8 of the French Environmental Code, in the event of the purchase of one of the following Products, a free return of used products is offered:

• Furniture

• Upholstered seating products or textile decoration elements

Used products are only included in the same quantity and type as the newly purchased Product.

The recovery of the aforementioned used products takes place:

• When the used product recovered is greater than 20 kilos: at the point of delivery, or

• When the used product recovered is less than 20 kilos and can be transported without equipment: to a local collection point that TSF finances and organises or has organised. The Customer shall deposit the used product at his/her own expense and under his/her own responsibility.

When a used product has been recovered, it cannot be returned to the Customer.

For any request to recover a used product, the Customer must contact TSF’s Customer Service Department by email no later than 24 hours after TSF sends the confirmation of his/her order, to the following email address: shop@thesocialitefamily.com. TSF shall then verify compliance with the recovery conditions, namely:

·        The compatibility between the type of product whose recovery is desired and the newly purchased Product, and

·        The absence of a risk to the health and safety of the carrier.

7.5 Transfer of risks

Any risk of loss or damage to the Products shall pass to the Customer at the time the Customer or a third party designated by him/her, and other than the carrier, takes physical possession of the Products.

Consequently, it is the Customer’s responsibility to verify the order upon receipt in order to verify its condition in accordance with the provisions of Article 8.

TSF takes particular care with the packaging of each Product, and the packaging is designed to protect the Products during transportation. TSF selects its carriers for their expertise and the best possible service according to the Customers’ choice. Despite these precautions, TSF cannot guarantee that the Product shall not be damaged.

It is therefore essential, at the time of receipt of the order, that the Customer check that the delivered Products comply with the order, before signing the delivery note, by:

·        Checking the condition of the package(s);

·        Checking the condition of the Product(s) inside the package(s);

·        Checking that the Product(s) comply with the delivery note on the one hand and the purchase order on the other.

This verification is deemed to have been carried out once the Customer has signed the carrier’s delivery note.

In the event of anomalies observed during delivery, the Customer must issue the necessary, detailed, legible and most precise reservations possible (breakages, damage, non-compliance: Product error, different colour and/or dimensions; missing items, etc.).

When delivery is made by carrier, the Customer must state his/her reservations on the delivery note. Furthermore, the Customer may complete the reservations mentioned on the delivery note and send photos by email to shop@thesocialitefamily.com, no later than three days after the date of receipt or collection of the Products.

In its complaint, the Customer must provide all the details relating to his/her complaint.

After validation of the information sent by the Customer, TSF undertakes to replace, at its expense and as soon as possible, the Product damaged during transportation or to reimburse it if replacement is not possible.

After this period or in the absence of specific reservations made by the Customer, the delivery shall be considered as compliant with the order, without prejudice to the application of the legal guarantee of conformity and hidden defects.

TSF is liable for any non-conformity of the Products under the conditions of Articles L.217-4 et seq. of the French Consumer Code and hidden defects of the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

With regard to the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the Product to act;

- may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;

- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product for new products and during the six (6) months following delivery for old/second-hand Products.

On the other hand, the Customer may not challenge compliance by invoking a defect that he/she knew or could not have been unaware of when he/she placed the order.

The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its occurrence.

Where the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to this digital content or digital service throughout the planned period of provision. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his/her request, without cost and without major inconvenience for him/her.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the good, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the good or terminating the contract by being reimbursed in full against return of the good, if:

1° The professional refuses to repair or replace the good;

2° The repair or replacement of the good takes place after a period of thirty days;

3° The repair or replacement of the good causes a major disadvantage for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he/she bears the costs of installing the repaired or replacement good;

4° The non-compliance of the good persists despite the seller’s unsuccessful attempt to bring the good into compliance.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or the termination of the contract. The consumer is not then obliged to request the repair or replacement of the goods in advance.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period of immobilisation of the property with a view to its repair or replacement shall suspend the remaining guarantee until delivery of the repaired property.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal conformity guarantee in bad faith incurs a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept by the Customer or to a full refund if the good is returned.

The Customer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and in this case, he/she may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

In the event that the Customer finds a compliance defect and/or hidden defect, he/she must inform TSF by one of the means of contact mentioned in Article 2. The procedure to be followed to return the Products shall then be indicated to him/her by TSF.

TSF may not under any circumstances be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, particularly when entering his/her order.

TSF may not be held liable, or considered as having failed herein, for any delay or non-performance of any of its obligations described in these General Terms and Conditions, when the cause of the delay or non-performance is related to a case of force majeure as defined by Article 1218 of the French Civil Code and the case law of the French courts and tribunals.

It is further specified that TSF does not control websites that are directly or indirectly linked to the Website. Consequently, TSF may not incur any liability for the information published therein. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.

TSF warrants that the Products presented on the Website comply with the French regulations in force and the standards applicable in France.
TSF cannot guarantee that the Products comply with the regulations and standards specific to the country of delivery and/or consultation of the Website.
The Customer is solely liable for compliance with the regulations applicable in his/her country of residence or in the country of destination of the Products. It is his/her responsibility to obtain information from the relevant local authorities about any restrictions on the import, export or use of the Products that he/she intends to order on the Website and TSF may not under any circumstances be held liable in the event of damage, claims, or actions resulting from the non-compliance of the Products with a regulation, a law or a standard outside France.

In general, TSF cannot under any circumstances incur liability for indirect or unforeseeable damage caused in connection with the use of the Website and/or the order of Products.

11.1 Right of withdrawal

The Customer has the right to withdraw from this contract without giving any reason within a period of (14) fourteen days.

The withdrawal period expires (14) fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the Product.

When several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately, the withdrawal period expires (14) fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last Product.

To exercise the right of withdrawal, the Customer must notify The Socialite Family, 12 rue Saint Fiacre 75002 Paris, (telephone: 01 82 28 06 87, email: shop@thesocialitefamily.com) of his/her decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or email). The following template withdrawal form can be used but this is not mandatory.

The Customer may also complete and send the withdrawal form template or any other unambiguous declaration by means of his/her Personal Area on the Website. If this option is used, an email acknowledging receipt of the withdrawal shall be sent to the Customer by TSF.

In order for the withdrawal period to be respected, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

For the attention of The Socialite Family – 12 rue Saint Fiacre - 75002 Paris, France

Email: shop@thesocialitefamily.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following good(s):

Ordered on ……………..(date of order)

received on ……………..(date of delivery)

Order number:

Name of consumer Customer:

Consumer Customer Address:

Consumer Customer’s signature (only if this form is submitted on paper)

Date:

11.2 Effects of withdrawal

In the event of withdrawal by the Customer, TSF shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the Customer’s choice of a method of delivery other than the least expensive method of standard delivery offered by TSF) without undue delay and, in any event, no later than (14) fourteen days from the day on which TSF is informed of the decision to withdraw from this agreement. TSF shall make the refund using the same method of payment as the one used by the Customer for the initial transaction, unless a different method is expressly agreed; in any event, this refund shall not incur any costs for the Customer. TSF reserves the right to defer the refund until the Product is received or until the Customer has provided proof of shipment of the Product, whichever is earlier.

An email explaining the return procedure shall be sent to the Customer once the withdrawal request has been received by TSF.

The Product must be returned in its original packaging, in its original condition and accompanied by the delivery note to the address indicated in the email explaining the return procedure.

The return is at the Customer’s risk according to the method of initial delivery. However, TSF suggests that the Customer return his/her products by registered mail or with additional insurance, guaranteeing him/her, where applicable, compensation for the products up to their actual market value in the event of the theft or loss of said goods. For products that cannot be returned by conventional means due to their size, the return shall be done according to the initial shipping method. The Customer shall be responsible for keeping any proof of return.

The Customer must bear the direct costs of returning the Product. These costs are estimated at a maximum of approximately €350 (three hundred and fifty euros) depending on the size of the Product.

The Customer is only liable for depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.

In the event of an error attributable to TSF (defective new item or order preparation error), TSF shall bear the costs of returning the Product. The Customer must send the carrier’s invoice to TSF to obtain compensation.

If the Product is not returned by the Customer within a maximum period of fourteen (14) days following notification of its decision to withdraw, the return is considered cancelled and the Customer must keep the product.

If the Customer fails to comply with these conditions, in particular the return conditions, TSF may not refund the Products in question.

Furthermore, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to Products made according to the Customer’s specifications or customised.

Within 10 days of the shipment of Products purchased on the Website, the Customer shall receive an email allowing him/her to leave a review of his/her purchasing experience.

TSF undertakes to make its best efforts to maintain access to the Website 24/7, except in cases of force majeure.

Given the complexity of the Internet, the inequality of the capacities of the various sub-networks, the influx at certain times and the various bottlenecks over which TSF has no control, TSF’s responsibility shall be limited to the operation of its servers, whose external limits are constituted by the connection points.

TSF cannot be held liable for (i) access speeds to its servers, (ii) slowdowns external to its servers, (iii) poor transmissions due to a failure or malfunction of these networks and (iv) any computer virus.

TSF reserves the right to limit or suspend access to the Website to carry out any maintenance and/or improvement operations. In such an event, TSF undertakes to inform users in advance, by any useful means and in particular by a message on the home page of the Website. In the context of these maintenance and/or upgrade operations, TSF undertakes to make its best efforts to carry out the backups of the content stored on the Personal Areas of Customers.

Users acknowledge and accept that this Service level guarantee does not cover any failure or interruption of access to the Website caused by telecom operators or internet and mobile web service providers.

TSF is the exclusive owner of all intellectual property rights relating to the trademark, logo, graphics, design, photographs, structure and more generally the content and databases of the Website, worldwide. TSF owns the Website with regard to all of its technical, graphic, textual or other components.

Furthermore, any hypertext link, of any kind whatsoever, allowing access to the Website or to any of its pages or elements, requires the prior written authorisation of TSF.

Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any act of reproduction, representation, dissemination and use of the Service or any of its elements, in whole or in part, without the express prior authorisation of TSF is strictly prohibited and may be the subject of legal proceedings.

Similarly, the trademarks, logo, presentations, illustrations, photographs, formatting, images and sounds or any other figurative element contained on the Website are the exclusive property of TSF and are subject to the same restrictions on use.

Any breach of these mandatory provisions subjects the offender, and all persons responsible, to the penalties provided for by law. Independently of the aforementioned intellectual property rights, TSF has, in accordance with Article L. 112-3 of the French Intellectual Property Code, rights over the database constituted by all Customer data.

The Customer may be have cause to provide TSF with opinions, photographs, illustrations and more generally content relating to the Product(s) (the “Content”).

Under the terms hereof, the Customer grants TSF a free, non-exclusive and non-transferable license of the Content communicated to TSF by the Customer. Thus, the Customer grants TSF worldwide and for the entire duration of the intellectual property rights attached to this Content:

·        The right to reproduce the Content, in whole or in part, in any format, on any medium, particularly printed, magnetic, electronic and digital, on any product, of any kind whatsoever and by any material or immaterial process, existing or future, foreseeable or unforeseeable;

·        The right to edit, have edited, distribute and disseminate the Content, in as many copies as TSF sees fit, in whole or in part;

·        The right to publicly represent the Content, in whole or in part, in any physical place, through any media, any computer networks and any means of broadcasting, of any nature whatsoever, existing or future, foreseeable or unforeseeable, such as, without this list being exhaustive, via the Internet, on social networks, mobile telephony, broadcasting and television broadcasting;

·        The right to adapt, translate, modify, arrange, transform and correct the Content in accordance with the Customer’s moral rights; 

·        The right to use the Content, in whole or in part, in order to associate it with, incorporate it into or exploit it through, without this list being exhaustive, all visual, sound and/or text elements and all products, in particular all multimedia or audiovisual products, websites and applications;

·        The right to use the reproductions and/or representations of the Content made in accordance with the terms and conditions described above, for promotional, commercial or non-commercial purposes, as well as to distribute them free of charge or for a fee;

In the context of the extended responsibility of waste producers and in accordance with Articles L541-10 et seq. of the French Environmental Code, TSF contributes to waste reduction and management efforts by having joined the eco-organisation ECO-MAISON in order to fulfil its obligations.

To this end, TSF has the unique identification number (IDU) 797 641 131.

TSF may not be held liable to the User in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of an event of force majeure, as defined by Article 1218 of the French Civil Code and French case law, including, without this list being exhaustive, a total or partial strike, internal or external to TSF, a fire, a natural disaster affecting TSF or one of its suppliers or subcontractors, a state of war, terrorism, pandemic, epidemic, embargo, an interruption or blockage of transport routes, a total or partial interruption or blockage of telecommunications or electricity networks, or a malicious computer virus.

The occurrence of a force majeure event shall initially suspend the performance of TSF’s obligations for a period which may not exceed three (3) months. If the force majeure event lasts for more than three (3) months, the contract in question may be automatically terminated without compensation for either of the parties by the sending of an email by one of the Parties.

TSF practices a personal data protection policy, the characteristics of which are explained in the Data Protection Charter, which the Customer is expressly invited to read.

Pursuant to L.223-1 of the French Consumer Code, the Buyer has the right to register on the list of objections to telephone solicitation with Bloctel http://www.bloctel.gouv.fr/.

Any contract concluded with the Customer corresponding to an order for an amount greater than €120 including tax shall be archived by TSF for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.

TSF agrees to archive this information in order to track transactions and produce a copy of the contract at the Customer’s request.

In the event of a dispute, TSF shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

The Customer may terminate his/her registration on the Website at any time and close his/her account. The Customer may send its termination request to TSF’s email address, the contact details of which are set out in Article 2.

In the event of a breach by the Customer of one of his/her contractual obligations, in particular in the event of a payment incident, TSF reserves the right to suspend the Customer’s access to the Website, or even to terminate his/her Account depending on the degree of seriousness of the breach(es), within 10 (ten) days from the sending by email of a formal notice to remedy the said breach, which has remained without effect. TSF reserves the right to refuse any order from a Customer with which there is any dispute.

20.1. Severability

If any provision of these terms and conditions is declared invalid or unenforceable by a competent court, it shall be declared unwritten and shall not invalidate the other provisions of these General Terms and Conditions.

20.2. Waiver

The fact that one of the Parties has not exercised any right pursuant to the provisions of these General Terms and Conditions, or has exercised it late or partially, may not be interpreted as a waiver of the right to exercise all or part of said right.

20.3. Updating

These general terms and conditions may be amended at any time and without notice by The Socialite Family, the applicable conditions being those in force on the date that the order is placed by the Customer.

These general terms and conditions of sale are permanently accessible at the following address: https://www.thesocialitefamily.com/cgv.html in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.

20.4. Applicable law - Mediation - Competent court

These general terms and conditions are subject to French law with regard to substantive and formal rules, and in particular to the French Consumer Code. In the event of a translation and contradiction with another language, only the French version shall prevail.

In the event of a dispute, the Customer must first contact TSF’s customer service department by email or by post at the address indicated in Article 2 hereof. In the event of failure of the complaint made to the Seller’s customer service or in the absence of a response within a period of two months, the Customer may submit the dispute relating to these General Terms and Conditions to a mediator who shall attempt, independently and impartially, to contact the parties with a view to reaching an amicable solution.

A list of approved mediators is available on the Internet Consumer Mediation Platform available at the following address: http://www.economie.gouv.fr/mediation-conso. With regard more specifically to e-commerce, the Customer may contact the FEVAD mediator at the following address: https://www.mediateurfevad.fr/

The Customer also has the possibility of filing a complaint via the online dispute resolution platform (known as the “RLL” platform) accessible via the following link:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

The Parties remain free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the event of failure to appoint the mediator or of the mediation itself, the first party to take action may refer the matter to the competent Court according to the terms set out below.

In the event of a dispute regarding the validity, interpretation, performance and/or termination of the General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on it, unless there are mandatory rules of procedure to the contrary.