The Socialite Family general terms and conditions of use and sale
ARTICLE 1: PURPOSE
THE SOCIALITE FAMILY (hereinafter “TSF”) operates a platform accessible from the website www.thesocialitefamily.com (hereinafter “the Website”), which allows furniture and decorative items (hereinafter “the Product(s)”) sold by TSF to be ordered online.
The Site is intended for consumers, defined as any adult natural person aged at least 18 or having the authorisation of their legal representative if they are a minor on the date of validation of their order, who acts for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity (hereinafter the “Buyer(s)”) and exclusively residing in one of the delivery countries as specified in Article 6 hereof.
The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to set out the terms and conditions for ordering the Products via the Website, and 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 with the same purpose. They are accessible and printable at any time via a direct link on the Website home page.
ARTICLE 2: WEBSITE OPERATOR
The Website is operated by THE SOCIALITE FAMILY SAS, a company with a share capital of €108,817, registered in the Paris Trade and Companies Register under 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 address: firstname.lastname@example.org
ARTICLE 3: ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
By registering on the Website, the Buyers declare that they have read the General Terms and Conditions and expressly accept them by ticking the box provided for this purpose.
This acceptance, which is expressed by clicking on the button provided for this purpose, can only be full. Any qualified membership is considered null and void. Any Buyer who does not agree to be bound by the General Terms and Conditions may not order Products.
Any order for Products gives rise to express prior acceptance of the General Terms and Conditions by ticking the box provided for this purpose and then by clicking on the order validation button. Order validation entails an obligation to pay.
ARTICLE 4: WEBSITE REGISTRATION
Buyers wishing to place an order must register on the Website and open an account (hereinafter: the “Account”), under the conditions described below.
All users have the right to register when they first visit the Website, or at any time. In any event, they must register no later than the time at which an order is placed.
In order to open their Account, the Buyer is required to:
- Complete the form provided for this purpose and enter the required information. The Buyer must provide all the information marked as mandatory, which they shall acknowledge and accept.
- Read this document and accept it by clicking on the button provided for this purpose, thus completing registration on the Website and allowing for the order of Products.
Registration shall result in the opening of an Account in the name of the Buyer, giving them access to a personal space (hereinafter: the “Personal Space”) which enables the Buyer to manage and track their orders in a form and using the technical means that TSF deems most appropriate. The Buyers shall access their Personal Space at any time after identifying themselves using the login and password chosen.
The Buyers shall ensure that all the information they provide in the registration form is accurate, up-to-date and honest, and is in no way misleading. They undertake to immediately update this information in their Personal Space in the event of changes, so that it always meets the aforementioned criteria. The Buyer is solely liable for the consequences arising from false or inaccurate information provided or whose recovery would be unlawful.
ARTICLE 5: PRODUCTS AND COMPLIANCE
5.1. The Products offered for sale are presented on the Website with a description.
5.2. New Products sold on the Website shall comply with the standards applicable in France. Elements such as photographs, text and graphics illustrating and/or accompanying the Products are not contractual, which the Buyer acknowledges.
For each Product, the Buyer has a description including the key characteristics of the Product in question.
5.3. As some products are handcrafted, THE SOCIALITE FAMILY cannot guarantee to the Buyer that the products are strictly as shown on the Website.
5.4. Some Products sold on the Website are old and second-hand one-off products. Products that are old/second-hand are designated as such in the relevant description. These products may not be exchanged or replaced. These products are sold as is or restored, according to the information provided for each product in the relevant description. They may therefore have marks, scratches or defects. The sale of these old and second-hand products implies, on the part of the Buyer, acceptance and full knowledge of the wear and tear of the product, its age and its fragility.
ARTICLE 6: PRICE, AVAILABILITY AND DELIVERY
The prices displayed on the Website are indicated in euros including French taxes (French VAT and any other taxes applicable), excluding shipping costs and customs duties and other taxes. These costs vary depending on the delivery location and the delivery method chosen and are indicated at all stages of the order. Customs duties and other taxes must be paid by the Buyer directly to the carrier. The amount of the customs duties shall be communicated to the Buyer by the carrier. Prices are firm, without a discount, rebate or reimbursement. THE SOCIALITE FAMILY may change these prices at any time. The prices displayed are only valid on the day of the order and are not binding in the future. The price applicable to the Buyer is that in force at the time of the order. Shipping costs, order processing costs and packaging costs will be indicated in the Buyer’s basket, before final validation of the order.
To purchase a Product, the Buyer can click on its picture. This product will be added to their shopping basket, which may already contain other items that the Buyer wishes to purchase and has previously added to their shopping basket. The Buyer expressly declares that they have all the authorisations necessary to use the relevant payment method when validating their order. They further undertake to ensure that they have sufficient funds available before placing any order; otherwise, THE SOCIALITE FAMILY will be unable to deliver the Products ordered. If the Buyer lacks sufficient funds, THE SOCIALITE FAMILY also reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment. Once the order has been placed, THE SOCIALITE FAMILY will send the Buyer an order confirmation email within 24 hours. THE SOCIALITE FAMILY reserves the right to cancel or refuse an order in the event of a dispute with the Buyer over a previous order.
The Products are offered for sale subject to availability. THE SOCIALITE FAMILY will inform the Buyer of the availability of the Products sold on the Website when the order is confirmed.
If, despite the vigilance of THE SOCIALITE FAMILY, the Products are unavailable, THE SOCIALITE FAMILY shall inform the Buyer thereof by email as soon as possible. Permanent or temporary unavailability shall not under any circumstances incur the liability of THE SOCIALITE FAMILY, nor shall it give rise to any right to compensation or damages in favour of the Buyer. In the event of temporary unavailability of a Product, THE SOCIALITE FAMILY shall inform the Buyer of the new time limits applied. In the event of permanent unavailability, the Buyer’s order shall be automatically cancelled and shall be refunded no later than thirty (30) days after payment of the sums they have paid.
When placing their order, the Buyer may opt for delivery or click & collect.
6.4.1 Click & Collect
Only certain Products are eligible for Click & Collect. This option is only offered for eligible Products. The Buyer may then choose to collect their order from the TSF store located at 12 rue Saint-Fiacre, 75002 Paris, by selecting the click & collect delivery option. In this case, shipping costs do not apply. The Buyer will be informed by email that their order is available at the TSF store and will have a period of 14 (fourteen) calendar days from the date the email is sent to collect their order. The Buyer must take their ID and order confirmation with them to the store.
If the Buyer does not collect their order within the aforementioned 14 (fourteen) day period, TSF shall cancel the order and shall refund them within 14 (fourteen) days.
Deliveries shall be made by a specialised carrier of oversized products, from Monday to Saturday, depending on the option chosen by the Buyer at the time of validation of their Order – and within a period of 3 to 30 working days for any product in stock – according to the content of the order and the delivery address, from full receipt of the order total, and unless the Buyer expressly requests a later delivery date.
In the event of delivery by a carrier other than La Poste and unless otherwise indicated on the Website, the products shall be delivered to the address indicated by the Buyer, on the ground floor only, potentially in a semi-trailer truck. Additional costs may be applied for delivery to an upper floor.
By validating their order, the Buyer undertakes to ensure that the above vehicle can access the delivery location and to be present on the day and during the time slot set for delivery. To this end, the Buyer also undertakes to provide a valid telephone number and agrees for this number to be provided to the carrier in order to agree the date and time of delivery.
Delivery times are indicated on the Website and may vary depending on the nature and availability of the products ordered. The products are shipped with the delivery note to the delivery address indicated by the Buyer at the time of their order. Delivery cannot be made to hotels or to post office boxes.
In the event of late delivery, the order will not be cancelled. THE SOCIALITE FAMILY shall inform the Buyer by email that the delivery will be delayed. The Buyer may then decide to cancel the order.
In order for these delivery times to be met, the Buyer must ensure that they have provided accurate and exhaustive information concerning the delivery address (such as, in particular: the property number, building, staircase, access codes, names and/or intercom numbers, floor, etc.). THE SOCIALITE FAMILY may not be held liable for the consequences of any delivery that is delayed or cannot be made due to the Buyer having provided erroneous information or an unforeseeable and insurmountable act by 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 Buyer, THE SOCIALITE FAMILY shall not be liable for any delay or delivery that cannot be made due to the repeated unavailability of the Buyer.
The Buyer acknowledges being fully informed that the delivery will be considered to have been made:
- when the Buyer or any third party designated by the latter signs the acknowledgement of receipt of the order at the delivery address specified at the time of the order; or
- when the Products are deposited at a delivery outlet or any other delivery point selected by the Buyer.
The Buyer acknowledges that the installation or setup of the Products shall be carried out at their expense and under their responsibility.
TSF delivers the Products presented on the Website worldwide with the exception of certain oversized Products ordered on the Website, which are delivered only in mainland France and Europe. Any Buyer located outside mainland France or the EU wishing to order oversized Products must contact TSF’s customer service department, the contact details of which are set out in Article 2 hereof.
The Products are shipped to the delivery address indicated by the Buyer at the time of their order. The delivery address may not be changed after the order has been confirmed by TSF.
ARTICLE 7: PAYMENT
Payments are secured. Payment must be made via PayPal or by bank card via the secure Stripe portal. TSF accepts the following bank cards: Carte Bleue, Visa, Eurocard/Mastercard. Buyers contract directly with the payment provider Stripe (hereinafter the “Payment Provider”), which they acknowledge and accept. The Payment Provider alone retains bank details for the purpose of making payments. TSF does not retain any bank details.
As Product orders require payment, by accepting this document, Buyers also accept the Payment Provider’s general terms and conditions of use. Buyers are informed of and accept the fact that the end of the contract between a Buyer and the Payment Service Provider, for any reason whatsoever, shall automatically and as of right result in the termination of the General Terms and Conditions between TSF and that Buyer. Similarly, the end of the contract between TSF and a Buyer shall automatically and as of right result in the termination of the general terms and conditions between that Buyer and the Payment Service Provider.
The transaction will be immediately debited from the Buyer’s bank card after verification of the relevant data, upon receipt of the debit authorisation from the company issuing the bank card used by the Buyer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the undertaking to pay using a bank card is irrevocable. By providing their bank card details, the Buyer authorises TSF to debit their credit card by the amount corresponding to the all-inclusive price.
For this purpose, the Buyer confirms that they hold the bank card to be debited and that the name appearing on the bank card is indeed their own. The customer shall provide the sixteen digits and the expiry date of their bank card as well as, where applicable, the card security code.
In the event that it is impossible to debit the all-inclusive price, the online sale shall be immediately cancelled automatically and the order shall be cancelled.
Pay in instalments with Alma. The Buyer may pay for their order in instalments thanks to the partnership between Alma and TSF for any purchase totalling between €350 incl. VAT and €3,000 incl. VAT. This facility is subject to the prior and unreserved acceptance of Alma’s general terms and conditions. TSF shall bear the costs applicable to this means of payment.
ARTICLE 8: VERIFICATION OF THE ORDER
At the time of receipt of the order, the Buyer must check that the Products delivered comply with the order.
- In the event that, after receipt of the order, the Buyer notes that one or more Products ordered have not been delivered or do not correspond to the Products ordered, they must inform TSF within three (3) working days of delivery of the order, by email sent to email@example.com.
In their complaint, the Buyer must provide full details of their complaint.
After this period, the delivery shall be considered as compliant with the order, without prejudice to the application of the statutory warranty concerning compliance and hidden defects.
ARTICLE 9: NON-COMPLIANCE AND HIDDEN DEFECTS
TSF is liable for non-compliance of the Products under the conditions of Articles L.217-4 et seq. of the French Consumer Code and for hidden defects of the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
If the Buyer makes a call under the statutory warranty of compliance, they:
– will have a period of two years from delivery of the Product in which to act;
– may choose to have the Product repaired or replaced, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code;
– is exempted from providing proof of the existence of the Product’s non-compliance during the twenty-four (24) months following delivery of the Product for new products and during the six (6) months following delivery of old/second-hand Products.
However, the Buyer may not dispute compliance by invoking a defect of which they were aware or which they could not have ignored when placing the order.
The Buyer may decide to make a call under the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and in this case, it may choose between the cancellation 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 Buyer observes a non-compliance and/or hidden defect, they must inform TSF as soon as possible 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 them by TSF.
ARTICLE 10: EXCHANGES AND RETURNS OF PRODUCT(S) – RIGHT OF WITHDRAWAL
The Buyer has a period of fourteen (14) clear days from receipt by themselves or by a third party designated by them (other than the carrier) of an item purchased on the Website which they wish to return.
To exercise the right of withdrawal, the Buyer must notify THE SOCIALITE FAMILY of their decision to withdraw by sending an email to the following address: firstname.lastname@example.org or by post to THE SOCIALITE FAMILY, 12 rue Saint Fiacre, 75002 Paris, using the template below or any unambiguous declaration and specifying their order number:
For the attention of The Socialite Family – 12 rue Saint Fiacre – 75002 Paris, France
I hereby notify you of my wish to withdraw from the contract relating to the sale of the product(s) below:
Ordered on ……………..(date of order)
received on ……………..(date of delivery)
Name of Customer:
Address of Customer:
Signature of Customer (only if this form is sent in printed format)
If the return request is validated by THE SOCIALITE FAMILY, THE SOCIALITE FAMILY will then send an email explaining the returns procedure.
Products must be returned in their original packaging, in their original condition, together with the delivery note, to the address indicated in the email explaining the returns procedure.
Products must be returned at the risk of the Buyer, using the original shipping method. THE SOCIALITE FAMILY suggests, however, that the Buyer return their products by registered post or with additional insurance, to insure them, where applicable, for their actual market value in the event of theft or loss. Products that cannot be returned by conventional means due to their size must be returned using the original shipping method. The Buyer must retain all proof of return. The return costs are borne by the Buyer, who is free to choose the shipping method.
In the event of an error attributable to THE SOCIALITE FAMILY (defective new item or order preparation error), THE SOCIALITE FAMILY shall bear the cost of returning the item. The Buyer must send the carrier’s invoice to THE SOCIALITE FAMILY to obtain compensation.
If the item is not returned by the Buyer within a maximum period of fourteen (14) days following communication of their decision to withdraw, the return will be considered as cancelled and the Buyer must retain the product.
The returned Product will be refunded within a maximum period of fourteen (14) days from the date on which THE SOCIALITE FAMILY is informed of the Buyer’s decision to withdraw. The refund will correspond to the purchase price of the returned Product(s), as well as the delivery costs, based on the standard delivery method. The amount to be refunded shall be credited to the Buyer’s bank account via the payment method used at the time of the order.
If the Buyer fails to comply with these conditions, in particular the conditions of return, THE SOCIALITE FAMILY will not issue a refund for 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 manufactured in accordance with the Buyer’s specifications or personalised products.
ARTICLE 11: TRANSFER OF RISKS
Any risk of loss or damage to the products shall be transferred to the Buyer at the time the latter or a third party designated by them, other than the carrier, takes physical possession of the Products.
Consequently, it is the Buyer’s responsibility to open the parcel on receipt in order to check its condition.
If a product has been damaged in transit, the Buyer must report their observations on the carrier’s delivery note. At the same time, the Buyer must inform TSF by email as soon as possible and no later than 3 (three) working days after delivery.
TSF then undertakes to replace, at its own expense and as soon as possible, the product damaged in transit or to issue a refund if replacement is not possible.
ARTICLE 12: SERVICE LEVEL
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 different capacities of the various sub-networks, the surge in use at certain times, the various bottlenecks over which TSF has no control, TSF’s liability will be limited to the operation of its servers, the boundaries of which consist of the connection points.
TSF shall not be held liable for (i) speed of access 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 for maintenance and/or upgrade purposes. In this case, TSF undertakes to inform users in advance, by any useful means and in particular by posting a message on the Website home page. In connection with these maintenance and/or upgrade operations, TSF undertakes to make its best efforts to create backups of the content stored in User Accounts.
Users acknowledge and accept that this Service level warranty does not cover any breakdown or interruption of access to the Website by telecom operators or Internet and mobile Web access providers.
ARTICLE 13: INTELLECTUAL PROPERTY
TSF is the exclusive holder of all intellectual property rights relating to the brand, logo, graphics, design, photographs, structure and more generally the content and databases of the Website, worldwide. TSF owns the technical, graphic, textual and other components of the Website.
Furthermore, any hypertext link of any kind whatsoever allowing access to the Website or to any of its pages or elements requires prior written authorisation from TSF.
Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any act of reproduction, representation, dissemination and use of the Website 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, design, 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.
The violation of these mandatory provisions will subject 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 to the database created by all Buyers.
ARTICLE 14: FORCE MAJEURE
In the event of the occurrence of a force majeure event, the party concerned must inform the other party within fifteen (15) calendar days of the occurrence of this event, by registered letter with acknowledgement of receipt.
TSF may not be held liable to the Buyer or user in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a force majeure event, as defined by Article 1218 of the French Civil Code and French case law, including in particular a total or partial strike, internal or external to TSF, a fire, a natural disaster affecting TSF or one of its suppliers, a state of war, a total or partial interruption or blocking of telecommunications or electricity networks, a malicious computer virus.
The occurrence of a force majeure event shall initially suspend the performance of the services for a period that may not exceed three (3) months. If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party by sending a registered letter with acknowledgement of receipt with immediate effect.
ARTICLE 15: PERSONAL DATA
TSF applies a personal data protection policy whose characteristics are explained in the Data Protection Charter which the Buyer is expressly invited to read.
In accordance with Article L.223-1 of the French Consumer Code, the Buyer has the right to register on the Bloctel block list at http://www.bloctel.gouv.fr/.
ARTICLE 16: GENERAL PROVISIONS
16.1. Partial invalidity of a clause
If any provision of these terms and conditions is declared null and void or unenforceable by a competent court, it shall be declared unwritten and shall not invalidate the other provisions.
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 exercise of all or part of this right.
These general terms and conditions may be amended at any time and without notice by THE SOCIALITE FAMILY, the applicable terms and conditions being those in force on the date of the order by the Buyer and accepted by the latter before validating their order.
These general terms and conditions of sale are permanently accessible at the following address: https://www.thesocialitefamily.com/cgv.html in an electronic format that allows them to be printed and/or downloaded, so that the Buyer can reproduce or save them.
16.4. Applicable law – Mediation – Competent court
These general terms and conditions are subject to French law with regard to both substantive and formal rules, and in particular the Consumer Code. In the event of a translation and conflict with another language, only the French version shall prevail.
In the event of a dispute, the Buyer must first contact TSF’s customer service department by email or post at the address set out in Article 2. If the claim submitted to TSF’s customer service department is unsuccessful or in the absence of a response within a period of two months, the Buyer may submit the dispute relating to these GTCS to a mediator who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
A list of approved mediators is available on the online Consumer Mediation Platform at the following address: http://www.economie.gouv.fr/mediation-conso. With regard more specifically to e-commerce, the Buyer may contact the FEVAD mediator at the following address: https://www.mediateurfevad.fr/
The Buyer may also file a complaint via the online dispute resolution platform (known as the “RLL” platform) accessible via the link below:
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 the mediation itself, the first party to act may refer the matter to the competent Court in accordance with the terms below.
In the event of a dispute concerning the validity, interpretation, performance and/or termination of the General Terms and Conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to rule on them, unless there are mandatory procedural rules to the contrary.