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GTC

General terms & conditions of sales

Please read these general terms & conditions of sale carefully before using any of the services offered on the website christianlacroix.com.

These general terms & conditions of sale define the conditions and legal requirements governing the purchase of products and subscription of services offered by the company christian lacroix snc. on its website, accessible at christian-lacroix.com.

Any use of the products and services offered to users by the company christian lacroix snc implies the full and unreserved acceptance of these general terms & conditions. users expressly acknowledge that the simple act of using the said services implies full acceptance of these general terms & conditions.

The use of services on the website is exclusively reserved to individuals that can sign contracts under french law.

Definitions

“Account” or “User Account”: a user’s personal space on the Site, created using a user name & password, which is required to be able to make an Order, pay for online Products or track an Order.

“Delivery slip”: document specifying the terms for delivering the Products ordered to the address provided by the User, and on which the User may note any reserves, or provide a reason for refusing the Products delivered.

“Identification Codes”: User name & password allowing Users to access their Personal User Account.

“Order”: refers to the purchase by the User of products offered for sale on the Site.

“Price”: the price of the Products that Users agree to pay when ordering their selected Products on the Site. The Price of each Product is inclusive of all applicable taxes (VAT), but does not include Shipping Costs.

Users are informed that the Price of Products is subject to change over time at the Company’s discretion. The Company cannot guarantee that the Price of Products will not be modified.

“Products”: all products (clothing, leather goods, accessories, jewelry, decorative items, tableware, stationary, office and accessories, etc.) offered for sale on the Site by the Company.

“Purchase Order”: document specifying the Products ordered by the User on the website, which lists the Products ordered, together with the Price of those Products and the Shipping Costs. The Purchase Order is generated on the Site once an Order has been placed.

“Services”: all product marketing services provided to Users by the Company on the Site.

“Shipping Costs”: the cost of delivering the Products to the address provided by the User, irrespective of the Price of the Products ordered, and which is specified on the Site before the User confirms the Order. The Shipping Costs include the cost of delivering the Product to the address provided by the User. Any applicable customs duties and taxes are also specified during the purchasing process.

“Site” or “Website”: site accessible at www.christian-lacroix.com, available in two languages: French and English. A language selector located on the Site’s header allows Users to switch from the French to the English version.

“User or Users”: any person possessing a User Account with the intention of using services provided by the Company or purchasing Products via the Site.

“Wishlist”: a feature designed to recommend certain products to Users that they may wish to buy in the future.

“Withdrawal Form”: document allowing Users to exercise their statutory right of withdrawal, a specimen copy of which is annexed to these General Terms & Conditions.

Purpose - acceptance - Confirmation

The exclusive purpose of these general terms and conditions of sale (hereafter referred to as the “Terms of Sale”) is to define the conditions governing the sale of Products on the Site.

By checking the box “I have read and agree to the terms and conditions of sale” prior to placing an Order, Users expressly acknowledge that they have read these general terms and conditions of sale, as well as any related documents, and that they agree to them unreservedly.

By checking the box “I have read and agree to the terms and conditions of sale”, Users declare that they have the legal capacity to sign a contract under French law, or have received the authorization of a person with such a capacity.

Validity of the general terms & conditions of sale – effective date – duration

These general terms and conditions of sale are applicable at any time the User browses or accesses the Site, and during the whole time the User is using the Services provided by the Company.

It is specified that the User can save or print these general terms and conditions of sale, provided however that they are not modified.

The version of the general terms and conditions of sale available online on the Website shall take precedence, as the case may be, over any other version of this document, with the exception of modifications which would have occurred after the purchase of a Product or use of the Services and, in accordance with common law.

These general terms and conditions of sale were updated on 14/11/2017. Subsequent modifications of these general terms and conditions of sale will be actionable by the User from the time they are posted online.

These general terms and conditions of sale apply, as necessary, to any implementation or extension of the Website on existing or future social and / or community networks.

The User is informed that the general terms and conditions of sale may be subject at any time to an update under the conditions of Article 20 hereof.

Registration and user account

At the login / registration stage the User can:

  1. Login with email addresses and password if they already have an account
  2. Order without creating an account as a “guest”. In this case, they will not be able to follow their Order via the “my account” area.
  3. Create a User Account directly by entering their email address and a password of their choice, under the conditions of article 5.1 or by connecting via Facebook

The User Account is a personal space in which the User can find, manage, modify:

  • Their personal information
  • Their invoice and delivery addresses
  • Orders
  • Their Products added to their Wishlist (“Wishlist”)
  • Their subscription to the Site newsletter

How to create a User Account

When creating an Account, the User must provide on the Website the following information:

  • Title (obligatory)
  • First name (obligatory)
  • Surname (obligatory)
  • Date of birth (Optional)
  • Email (obligatory)
  • Password (obligatory)
  • Confirmation of password (obligatory)
  • Newsletter subscription option

By clicking the button “create my account” a validation of the fields of the form occurs.

If a field is not correctly filled in, an error message informs the User and the field(s) concerned are colored red.

If all fields are correctly filled in, the visitor is redirected to the “my account” page.

The User agrees not to choose any username infringing the rights of a third party and therefore refrains from using a username infringing an intellectual property right, a trademark, a corporate name or a surname, this list not being exhaustive.

When creating a new account, a confirmation email is sent to the User to confirm their registration.

The User is informed that the Company may be required at any time to delete their User Account in a discretionary manner in case of non-compliance with the provisions of these general terms and conditions of sale, that the latter expressly recognizes.

Use and responsibility for using the User Account

Each User acknowledges their complete responsibility in the use of their Identification Codes and of the Website.

They undertake to make under their own Identification Codes all actions within their User Account.

Similarly, all actions performed under these Identification Codes will be considered to have been performed by them-self.

In case of forgetting, misuse or unauthorized use of their Identification Codes by another User, Company responsibility cannot in any case be engaged and the User must immediately inform the Company’s customer service of this situation, by email at serviceclient@christian-lacroix.com.

Upon receipt of this duly justified written notification, the Company’s Customer Service will investigate the file and may, for security reasons, suspend all access to the User Account.

The company’s customer service will process the User’s request as soon as possible and will send back the new Identification Codes by email after verification of their identity.

The User remains responsible for the use of their User Account by third parties until the Company modifies Identification Codes, so the User guarantees the Company of any action or claim concerning the loss of data resulting from the loss or the fraudulent use of its Identification Codes.

The User agrees that computer or electronic recordings carried out by the Company for the provision of Services, of all operations performed in particular through their User Account, may be opposed or used before any administrative and / or judicial authority competent, as a proof.

Right of access, modification and withdrawal of personal data

The User has the right to access, modify, rectify and withdrawal its personal data, as set forth in article 17.2 hereof.

User Account Content

The homepage of the User Account contains the Users’ main information:

  • Their personal information (surname, first name, email)
  • Their default invoice and delivery addresses
  • Their last three Orders
  • Their last three Products added to the Wishlist

A menu provides access to the sub-pages of the “my-account” area:

  • Personal information
  • Addresses
  • Orders
  • Wishlist
  • Subscription to the newsletter
  • Delivery address: the User informs of the address to which they wish their Order to be delivered
  • Invoice address: the User informs of the contact details and the address to which they wish their Order to be invoiced

Billing and delivery addresses

The User is required to fill in a billing address and a delivery address

The address form has the following fields

  • Name of address
  • Title (mandatory)
  • First name (mandatory)
  • Last name (mandatory)
  • Address (mandatory
  • Address 2
  • Post code (mandatory)
  • City (mandatory)
  • Country (mandatory)
  • Region (mandatory and only for required countries)
  • Phone number (mandatory)

If the user is already registered and has registered addresses, he/she is offered to use an existing address or to add a new address to his/her account.

All mandatory fields are ticked when clicking on the “continue” button When a field is not filled or if content is incorrect, the related field is highlighted in red and a subsequent error message indicates the nature of problem (field- incorrect answer).

Methods of ordering items

The stages of the course of purchase are expressed in the following article.

Items selection - Cart

The User selects the items(s) as displayed on the website.

In the event of a product runs out of stock, a warning message informs the User of product unavailability.

The Add to cart button is then substituted by a “set an alert” button, yet enabling the User to be informed when the aforementioned item is back in stock.

The selected item(s) by the User are gathered in a shopping cart, which displays all items added by the User.

Each item displays the following:

  • Their picture
  • Their attribute “type”
  • Their label
  • Their color and size, whenever item is configurable
  • Their unit price
  • The quantity (modifiable by the drop-down list)
  • A remove item button, enables remove item from cart
  • Subtotal price including tax (unit price X quantity)

By clicking on item in the cart, Users are redirected to the corresponding item description.

An overall summary window displays:

  • The order subtotal excluding tax
  • The VAT
  • Customs duties and taxes
  • The total including tax

Accepted Methods of payment

The order Item page indicates which methods of payment are accepted.

At this stage no selection of method of payment is required, the selection appears directly on the secure platform HiPay payment page.

All capacities relative to the order methods of payment are detailed at Article 8 of these Terms and Conditions.

Agreement to the Terms and Conditions

Before clicking on “pay the order”, Users should have previously read and agreed to these general terms and conditions of sale by ticking the box “I have read and agree with the General Terms and Conditions of Sale”.

This step is decisive and Users wouldn’t tick the box prior to have read information and agreed the entirety of the clauses of these general terms and conditions of sale.

Once the box is ticked, Users acknowledge to agree to fully agreeing with the entirety of these general terms and conditions of sale.

Payment of the Order

The User is redirected to the HiPay paymentTm secured payment page, to proceed with the payment of their Order, as laid won in the Article 8 below.

Confirmation of the Order by the Company

The Company saves the right to refuse to validate any Order in the event of existing dispute with the User resulting most particularly from the non-compliance by the User of the obligations of the present general terms and conditions of sale, especially with respect to a previous incident of payment of the price of an Order, yet likely to lead to suspension of access to the Site, without prejudice to further damages that may be requested by the Company.

The Order will be considered firm and final, only once it has been confirmed by the Company to the User by the sending of a confirmation email to the address provided by the User beforehand.

Once the Order has been validated, it will come summarizing the following:

  • Order Number
  • Date of Order
  • Billing Address
  • Delivery Address
  • Type of Delivery, Shipment company
  • Method of Payment

Once the Order has been dispatched, the User receives a second email with tracking information.

Financial arrangements

1.Price of items

The prices are subject to the applicable VAT, any change of the regulatory VAT will be reflected in the price of the items presented on the website, on the date stipulated by the related decree.

The price of items in the shopping cart is always indicated with taxes.

The price indicated is in EURO (€) and payment is completed in EURO (€).

A selector in the website browser informs the User with the indication of the rate of the day with regards of to other currencies: GBP (£) or USD ($).

Must be added to the Price of items, the Shipping Costs, including the cost of shipping along with Customs duties and taxes. The amount of the duties and taxes is estimated according to the Products added to the basket as well as the country of the User, estimated via IP localization.

2.Payment Methods

      1. The payment of the Order and the debit of the User's bank account is made at the time of the validation of the Order by the User.

At this step, the User is redirected to the secured payment platform HiPaytm, to proceed with the payment of the Order.

In using the electronic payment system HiPaytm, the User accepts without reserve the Terms of Service of HiPaytm

      1. The Company guarantees to the User that the Company has no access to confidential information relating to the payment method used by the User to pay for the Order.

This transaction is secured by an SSL encryption method for the purposes of strengthening all scrambling and encryption processes by optimizing the protection of all personal data related to this method of payment.

      1. The User guarantees to the Company that they have the necessary authorizations to use the chosen method of payment and that it gives access to sufficient funds to cover all the costs resulting from the payment of the Order.

In case of refusal of payment, the transaction will be automatically canceled and the User will be informed of this cancellation by email.

The computerized records, stored in the Company's computer systems, under reasonable security conditions, will be considered as evidence of all transactions and payments between the Parties.

Delivery

1.Delivery Location

The Products will be sent by the Company to the delivery address that the User has entered prior to the validation of their Order.

In the event of an error in the wording of the e-mail address or the coordinates provided by the User, the Company cannot be held responsible for the inability to confirm the Order or effectuate the delivery to the User.

2.Shipping Costs

The Shipping Costs are indicated during the Order Summary and on the Purchase Order.

The Shipping Costs depend on the delivery zone and on the total of the Order.

The Shipping Costs are accessible at the following link:

Livraison & retours

Shipping & return policy

3. Delivery Delays

The maximum delivery time is 4 (FOUR) working days from the time of the Order of the Product, except in cases of unavoidable accident/force majeure or unless otherwise specified to the User before placing the Order and prior to the final validation of the Order.

4.Delivery Completion

Each delivery is deemed complete as soon as the carrier makes the ordered Product/s available to the User, and this information is made available by the control system used by the carrier.

It is the User's responsibility to check the shipments on arrival and make all reservations and claims that appear justified, or to refuse the package if it is likely to have been opened or if it bears clear traces of deterioration.

Such reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within 3 (THREE) working days of delivery of the Products, and a copy should be sent immediately to the Company.

5. Late Delivery

In the event of late delivery, the User may contact the Company by registered mail with acknowledgment of receipt to the address 63 rue Edouard Vaillant 92300 Levallois-Perret or by email to the address serviceclient@christian-lacroix.com to carry out the delivery of the Products in a reasonable additional time.

If the Company does not execute this new deadline, the User may terminate the Order by informing the Company by registered mail with acknowledgment of receipt to the address 63 rue Edouard Vaillant 92300 Levallois-Perret or by email to serviceclient@christian-lacroix.com. The User's Order is considered resolved from the receipt of this mail, unless it has been executed between the sending of mail by the User and its receipt.

In the event of termination of the Order, the Company shall reimburse all the sums paid in the 14 (fourteen) days from such denunciation, carried out under the conditions provided for above.

The total reimbursement of the Product (s) and the Shipping Costs and/or, if applicable, the return shipping, is then made by the Company.

Any denunciation made in violation of the rules defined above cannot be taken into account and will release the Company from all its responsibilities towards the User.

Similarly, the refund cannot be due if the Product has been sent before the end of the thirty (30) day period and the delay is not attributable to the Company.

6. Burden of Risk

The risks are transferred to the User when taking physical possession of the Products.

The User is informed that the Company uses a carrier for the transport of the Products, who carries the burden of risk related to the transport.
However, the regulations in force requires that the Company be the sole interlocutor of the User.
For this reason, in the event of non-compliance, loss or damage of the Product (s) due to transportation, the User undertakes to contact the Company as soon as possible so that it can carry out necessary negotiations with the carrier as fast as possible.

The User is informed that the delivery times of the Products are subject to:

  • Stocks available;
  • Payment of the Order Price and Shipping Costs by the User;
  • Of no suspicion by the Company of fraud or fraudulent act concerning the User.

7. Checking the Order

Upon reception of the Order, the carrier shall provide the User a Delivery Slip.

The User shall check the received Products to ensure their full compliance with the Order.

The User can refuse the delivery subject to mentioning it on the Delivery Slip which will be issued, and that he shall sign, in addition of presenting an identity card.

  • If, at the time of the delivery, the original packing is damaged, torn, or opened, the User then shall check the state of the Products.
  • If they were damaged or a delivery error was made, the User must refuse the delivery and report the incident on the Delivery Slip.

The user shall indicate, in written, on the Delivery Slip, any discrepancy concerning the delivery. Checking Products is considered as performed after the User, or an authorized person signed the Delivery Slip.

The User shall, if required, notify the Company its reservations, and have to oppose within a period of 7 (seven) working days starting from the receipt of the delivery to verify the compliance of the delivered Products with the Order, and shall notify the Company about his reservations by phone or email.

Upon reception of the complaint, the Company will allot a number of exchange for the Product(s) and will communicate it by e-mail to the User.

Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall release the Company from any liability towards the User.

Any reservation not carried out in the rules defined above, and within the time limits could not be taken into account and shall release the Company from any liability towards the User.

8. Delivery Insurance

The Company is liable for the selected carrier for this Products delivery service.

Right of withdrawal

10.1 Pursuant Article L 121-21-3 of the French Consumer Code, the User is entitled to exercise its right of withdrawal within 14 (fourteen) business days upon delivery of the Products.

The User is not obliged to justify the exercise of its right of withdrawal and shall not pay penalties related to.

To be valid, the exercise of the right of withdrawal must be expressed through an unambiguous statement expressing his wish to exercise its right of withdrawal, sent by any means allowing to prove the date and time of the sending (by post mail to the address 63 rue Edouard Vaillant 92300 Levallois-Perret , by electronic mail to the address serviceclient@christian-lacroix.com or by our contact form.

Furthermore, the Product shall imperatively be returned within 14 (fourteen) days to the Company, in perfect condition and in its original packing attached to the Delivery Slip, the Purchase Order and the aforementioned declaration or the Withdrawal Form. The retraction will not be accepted by the Company if the Products are not returned intact and undamaged, and in their original sealed packaging (if the Product is delivered sealed) and/or if the Products bear any deterioration marks and/or in any way if the Products cannot be resell by the Company.

The Company reserves the right to mandate a laboratory to verify the authenticity of the Products returned under the exercise of the right of withdrawal.

10.2 Under these conditions, the Company commits to reimburse the User the Price of the Order, the Shipping Costs and all fees and/or expenses related to the Product return when such return is executed within the European Union.

The User shall bear all shipping costs of the Products return if it is shipped outside the European Union.

However, the Company shall not reimburse the additional costs when the User expressly selects for a more expensive means of delivery than the standard delivery mean proposed during the initial transaction.

Reimbursement occurs within a maximum 14 (fourteen) business days after the reception of the Product.

Reimbursement shall be executed through the same mean of payment than the one used initially by the User for the purchase, unless the User expressly agrees for another mean of payment provided that it does not incur additional costs or fees.

Any retraction not expressed and executed in compliance with the provisions aforementioned will be taken into account by the Company and shall release the Company from any liability towards the User.

The burden of proof of the exercise of the right of withdrawal rests with the User, under the conditions provided by law.

Electronic signature

Pursuant to the French law n°2000-230 of March 13th, 2000, the online provision of the User credit card number and the Order final validation shall be deemed as proof of the whole order and will cause the sums to become due and payable, and incurred for the Purchase Order, signature and express acceptance of all transactions made.

This Article is also applicable to the acceptance of these GENERAL TERMS OF SALES
and the summary of the contract concluded between the Company and the User at the time of purchase.

The User is informed that the logs he uses will be kept by the Company, in accordance with the provisions of Article 17 related to the processing of personal data.

Evidence of the transaction

Unless proven otherwise, the data registered by the Company at the time of the Order constitutes the evidence of all transactions that have taken place between the Company and the Users or between the Users directly.

Any communications, orders and payments that occurred between the User and the Company can be proven using the computerized records, stored in the Company's computer systems, under reasonable security conditions.

The Purchase Order and the invoices will be archived on a reliable and durable support considered, in particular, to be a means of evidence.

Conformity and guarantees

Legal provisions – French Consumer Code

PROVISIONS OF THE FRENCH CONSUMER CODE

Article 217-4 of the Consumer Code

"The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery.

The seller is also liable for any conformity defects resulting from the packaging, assembly instructions or installation if the seller is responsible for the latter in accordance with the contract or if they have been performed under the seller’s responsibility.”

Article 217-5 of the Consumer Code

« The product complies with the product:

1° If it is fit for the purpose usually intended for a similar product, and, where applicable:

  • if it corresponds to the description provided by the seller and it possesses the qualities presented by the seller to the buyer in the form of a sample or model;
  • if it presents the qualities that a buyer may legitimately expect with regards to the public declarations made by the seller, by the producer or its representative, notably in advertising or on the label;

2° Or if it presents the characteristics jointly defined by the parties, or it is fit for the special purpose sought by the buyer, if this has been brought to the attention of the seller and accepted by the seller."

Article 217-6 of the Consumer Code

« The seller is not bound by the public declarations made by the producer or its representative, if it is established that the seller was not aware of them and was not legitimately in a position to be aware of them. »

Article 217-7 of the Consumer Code

« Defects in conformity that appear within a period of twenty-four months from the delivery of the item are deemed to exist at the time of delivery, unless proven otherwise.

For the sale of second-hand goods, this period is set at six months.

The seller may argue against this stipulation if it is not compatible with the nature of the item or with the lack of conformity reported. »

Article 217-8 of the Consumer Code

« The buyer is entitled to demand that the item is conform to the contract. However, the buyer may not contest conformity by invoking a defect that the buyer was aware of, or of which the buyer could not have been unaware when entering into the contract. This also applies when the defect in conformity has its origin in the materials that the buyer himself has provided. »

Article 217-9 of the Consumer Code

« In the event of a defect in conformity, the buyer can choose between having the item repaired and having it replaced.
However, the seller may choose not to heed the buyer's choice if this choice results in a cost that is clearly disproportionate with respect to the other option, considering the value of the item or the significance of the defect. In such case, the seller is then required to proceed, unless it is impossible, with the option not chosen not by the buyer. »

Article 217-10 of the Consumer Code

« If it is impossible to repair or replace the item, the buyer can return the item and receive a refund of the price, or keep the item and receive a partial refund of the price. 
The same right is available to him: 

1° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month following the buyer's claim; 

2° Or if this solution cannot be implemented without major inconvenience to the buyer, in light of the nature of the item and the buyer’s intended use. 

However, the cancellation of the sale cannot be validated if the defect is minor. »

Article 217-11 of the Consumer Code

« The provisions of Articles L. 217-9 and L. 217-10  are applied without any cost to the buyer. These same provisions do not prevent the awarding of damages and interest. »

Article 217-12 of the Consumer Code

« Any action arising from a defect in conformity must be taken within two years after delivery of the item. »

PROVISIONS OF THE FRENCH CIVIL CODE

Article 1641 of the Civil Code

« The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. »

Article 1642 of the Civil Code

« The seller is not liable for defects which are patent and which the buyer could ascertain for himself. »

Article 1643 of the Civil Code

« He is liable for latent defects, even though he did not know of them, unless he has stipulated that he would not be bound to any guarantee in that case. »

Article 1644 of the Civil Code

« In the cases of Articles 1641 and1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him. »

Article 1645 of the Civil Code

If the seller was aware of any defects, he/she is obligated, in addition to reimbursing the price paid, to cover all damages sustained by the buyer.”

Article 1646 of the Civil Code

If the seller was not aware of the defects, he/she will only be obligated to reimburse the price paid and any expenses incurred by the sale.”

Article 1647 of the Civil Code

If the product which presented defects was spoiled because of its poor quality, the loss is incurred by the seller, who will then be obligated to reimburse the price paid by the buyer as well as other reparations explained in the the two previous articles. However, losses caused by a fortuitous event will be incurred by the buyer.”

Article 1648 of the Civil Code

Actions resulting from redhibitory defects must be initiated by the buyer within two years from the day the defect was discovered. In the case provided by Article 1642-1, proceedings must be filed, in the interests of legal certainty, within the year following the date on which the seller can be relieved from any defaults or apparent non-compliance defects.”

Guarantee of Conformity

The Company guarantees that the Products are conform with their intended use, as defined by and under the conditions set forth in articles L. 217-4 to L. 217-12 of the French Consumer Code as set out in article 13.1.

In the case of nonconformity of the Product with essential qualities mentioned on the Website, the User will have to the option to:

  • Ask to replace the Product with a similar Product;
  • If the Product cannot be replaced, to give the Product back and be reimbursed;

If the Product cannot be replaced, to keep the Product and be reimbursed for part of the price paid.

Warranty on hidden defects

The Company guarantees that the Products do not present defects or latent defects likely to make them dangerous or render them impossible to be used normally, as defined by and under the conditions set forth in the above-mentioned articles 1641 to 1648 of the Civil Code as set out in article 13.1.

In the case where a Product presents latent defects, the User will have the option to:

  • Give the Product back and be reimbursed;

  • Keep the Product and be reimbursed for part of the price paid.

  • In any case, all of the claims, requests for exchange, duly justified when the two aforementioned guarantees are implemented, must be made by email or postal service.

General behavior of users

Users must be over the age of 18.

In the case of any doubts regarding the Users’ age, the Company reserves the right to refuse to validate the Order or to immediately suspend, without notice, the concerned Users’ Accounts.

When registering and approving the Standard form contract and when using the Services at their disposal, the Users agree not to:

  • Communicate registration information that is either incorrect or false;
  • Provide any sensitive information with regards to race or ethnicity, political, philosophical or religious views, membership to a union, sexual orientation or health, contrary to proper morals or the Law.

In the case of any infraction or violation of these rules, the Company reserves the right to delete the litigious messages without notice and to block the Users’ access to Services and to their User Account.

Users must make sure that all subsequently provided information remains correct and agree not to create or to use, except otherwise permitted, other User Accounts through their own identity and/or that of a third party, it being reminded that identity theft is subject to legal proceedings and criminal sanctions.

Any violation of this commitment can result in the immediate suspension, without notice, of the concerned User Accounts.

In the case where a User is aware that a third party has fraudulently accessed his/her Account, this User agrees to inform the Website’s management team via email at serviceclient@christian-lacroix.com.

More generally, the User commits to respect the principles mentioned in the Standard form contract and to respect the other Users of the Services. In the case where these provisions are violated or if a certain behavior repeatedly harms other Users, the Company will be free to end at any moment and without prior notice the User’s membership to the Services.

Technical provision

The Users declare their acceptance of the characteristics and limitations of the Internet and of computer science (IT) and, more specifically, they acknowledge that:

  • They are aware of the nature of the Internet and, particularly, of its technical performances and of the response times necessary to view, verify or transfer information;
  • That the Users’ provision of personal identity data or, more generally, of any information judged by the Users to be confidential is done under their own responsibility;
  • It is the Users’ responsibility to take all measures necessary to guarantee that all technical characteristics of their smartphone or computer allow them to view information
  • It is the Users’ responsibility to take all measures necessary to protect their own data and/or software from potential viruses on the Website.

Due to this, the Company will not be held responsible for any inconvenience or damage caused by the use of the Internet system, notably interruption to the service, outside interference or the presence of computer viruses.

The Services are provided on an “as is” and “as available” basis.

The Company is unable to guarantee secure, endless supply, without occasional interruption of the Services offered via the Website.

The Company is under no obligation to provide personal, notably technical, assistance.

The Company disclaims any express or implied warranties notably concerning the quality and the compatibility of the Website as used by Users.

The Company does not guarantee results nor profit in the use of the Services offered via the Website.

Intellectual property

The trademarks christian lacroix and all its derivate trademarks are registered in France and abroad and are the exclusive property of the Company.

The Company is the only holder of intellectual property rights on the Website and notably in all of the texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as the databases that it produces.

All these intellectual creations are protected by copyright, trademark rights, patent rights, the sui generis right in databases, and the right to one’s image, worldwide.

The creations are fully owned by the Company.

However, the Company grants a license to Users enabling them to reproduce and display Website content, but strictly and uniquely for their personal use within the framework of viewing the Website and using the Services.

However, this license does not permit Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or transfer ownership to any of the content on or via the Website.

For this reason, and in compliance with the Intellectual Property Code, only private use is authorized, subject to different provisions, which may be even more restrictive than the Intellectual Property Code.

Any other use constitutes counterfeiting and is punishable under applicable Intellectual Property rights, except with prior written permission from the Company.

As a reminder, applying a hypertext link onto the Website by using the above mentioned “framing” or “deep-linking” techniques is strictly prohibited.

Any full or partial copy, aspiration or reproduction of the database produced and used by the Company on the Website is formally prohibited without prior written agreement.

The Website may contain hypertext links and/or hyperlinks pointing to sites published and housed by third party servers, and especially concerning publicity banners, in which governance is not, in any way, assured by the Company and upon which no control can be exerted.

For this reason, the Company does not accept any responsibility for legal consequences linked to accessing these sites from the Website.

Use of these hypertext links and/or hyperlinks pointing to the Website is authorized by the Company strictly within the framework of promoting the Website and Company Services, but on the important condition that the integrity of the Website is preserved and that there is no risk of confusion between the Website and sites published by third parties.

In this context, the Company formally prohibits all Users from using techniques referred to as “framing” or “inline linking” and “deep-linking” concerning non-authorized exact reproduction of Website content and its integration on web pages published by third parties.

Similarly, the Company cannot be considered able to prevent any Website from containing hypertext links and/or hyperlinks, pointing to the Website of which it is the publisher.

For this reason, the Company accepts no responsibility for legal consequences linked to accessing these sites from the Website via other Websites upon which it has no control or effect.

Use of these hypertext links and/or hyperlinks pointing to the Website is authorized by the Company strictly within the framework of promoting the Website and Company Services, but on the important condition that the integrity of the Website is preserved and that there is no risk of confusion between the Website and sites published by third parties.

In this context, the Company formally prohibits all Users from using techniques referred to as “framing” or “inline linking” and “deep-linking” concerning non-authorized exact reproduction of Website content and its integration on web pages published by third parties.

 

Information technology and freedoms - personal data

    1. General provisions

Pursuant to Act 78-17 of 6th January 1978 (France) concerning information technology, files and freedoms, the collection and processing of personal information collected by the Company has been declared to the Commission Nationale de l'Informatique et des Libertés (National Commission for Information Technology and Civil Liberties) under the reference number 1931758.

Connection or navigation data concerning User activity on the Website is collected automatically, and only concerns the source of connections ad IP addresses, browser version and Website pages consulted. The Company will never collect an e-mail address without first contacting its owner.

    1. Access, modification, opposition and removal rights

The User has the right to access, modify, oppose and remove his personal data by writing to the following address:

To exercise this right, the User may either send an e-mail to the Company at serviceclient@christian-lacroix.com or a letter to the Personal Data Service at 63 rue Edouard Vaillant 92300 Levallois-Perret.

In accordance with the current regulations, any request must be signed, accompanied by a copy of a piece of identity signed by the applicant and indicate the address to which the reply should be sent. A reply will then be sent to the User within two (2) months of receipt of the request.

    1. Use and transmission of the User’s personal data

To ensure processing, tracking and communication with Users on the Website, the Company requires the use of Users’ personal data. The processed data will be transmitted to the Company, and where necessary to relevant partners, according to the following methods and for the following purposes:

Order Processing:

The provision of personal data, collected for the processing of User Orders on the Website, is compulsory. In its absence, Services cannot be provided correctly. This information may be transmitted to the Company’s technical service providers for the sole purpose of the good execution of Services or the establishment of statistics.

Payment processing:

The Company is obliged to collect some personal data from the User to invoice him the Price of Products and Shipping Costs. The Company never has access to the User’s payment or confidential information.

Newsletter subscription:

According to the choices made by the User, his personal data may be used by the Company for sending out newsletters.

Sending of commercial information:

According to the choices made by the User, his personal data may be transmitted to the Company’s partners. Unless he expressly objects, the User may receive commercial information from the Company’s third party partners.

The User has the right to access, modify, rectify and remove personal information collected by the Company concerned.

With the express agreement of the User, provided during the collection of personal data, the Company reserves the right to transmit this data to its commercial partners.

The User may receive from the Company and/or, where applicable, from its partners, e-mails or text messages containing information about the Company’s Services and activities.

The User retains the right to refuse such communication retrospectively by indicating his refusal by e-mail.

Cookies

During Website consultation, information relating to the User’s browsing of the Website are susceptible to be saved in ‘cookies’ - files installed on the computer or mobile device of the User. Cookies are used for the purposes of re-targeting marketing, subject to the choice made by the User at the appearance of the cookies banner, which can be modified at any time.

When the User enters the Website, an information message will be displayed warning him about the use of cookies: “By continuing to browse this website, you accept the use of cookies to enhance your browsing experience.”

This message is accompanied by a button which looks like a cross that will hide the message and a link, “For more information and to manage your settings” sending the User to a page within the Website.

Company’s cookie policy

Cookies are alphanumerical ID’s that are transferred onto the User’s hard disk by his Internet browser to allow the system to recognize the User’s browser and propose appropriate services.

Cookies are used by the Company to remember the User’s preferences to optimize and improve his browsing experience by providing content that is more closely adapted to his needs.

Cookies are used for:

  • Identifying the User when he connects to the Website;
  • Determining the configuration of the User’s web browser, such as the type of browser used and which plug-ins are installed;
  • Memorizing, where applicable, the shopping cart and purchasing options of the User;
  • Remembering product searches and purchases made on the Website by the User to offer him appropriate suggestions.

No personal data is collected during this activity, only statistical data is collected and analyzed with the aim of improving the Website.

Only a cookie issuer is likely to read or change the information that it contains.

Certain cookies are installed until the browser is closed, others are kept for longer periods. Cookies are conserved for a maximum period of 12 (twelve) months.

User cookie management

The Help section on the toolbar of most browsers provides information on how to refuse new cookies, how to receive a message signaling their reception or how to deactivate all cookies.

The cookies used by the Company are issued for the purposes described below, subject to the choices of the User, which result from the settings of his browsing software when he visits the Website and his agreement given by clicking the “OK” button on the cookie banner.

Several possibilities are available to the User to manage cookies.
Any of the User’s own settings for the use of cookies may change their Internet browsing and their conditions of access to certain services requiring the use of cookies.
The User can at any point choose to express or change their preferences for cookies, via the following means.

The User can configure their web browser so that cookies are saved in their terminal or, contrariwise, rejected, either systematically, or depending on the issuer. The User can also configure their web browser so that the choice to accept or reject cookies is presented punctually, before a cookie is likely to be saved in their terminal.

Behavior cookies

The Company does not currently collect or process personal information known as the "behavior" of the User, as defined by Ordinance No. 2011-1012 of August 24th 2011 on electronic communications.

Any implementation of behavior cookies on the Site by the Company will be subject to the User’s prior express authorization.

Correspondence – proof

Unless expressly stated in these GTC, any correspondence between the parties shall take place by e-mail vie the Site.

Pursuant to Articles 1365 and the following articles of the French Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information delivered by e-mail is valid between the parties as long as no written document adversely authenticated and signed calls into question this computerized information is produced.

Items such as the time of receipt or issue, as well as the quality of the data received will be valid by priority as shown on the Company's information systems or as authenticated by the Company's computerized procedures, except to provide proof in writing and to the contrary by the User and / or the Company.

Force majeure

    1. Any event outside the control of the Company and against which it could not reasonably protect itself is a case of force majeure and suspends the obligations of the parties, as for example, but not limited to: a social movement or a technical breakdown (edf, erdf, telecommunications operators, Internet access or hosting providers, registrars, etc.), a power supply shutdown (such as electricity), the failure of an electronic communication network on which the Company depends and / or networks that would replace it.

  1. The Company cannot be held responsible for, or considered to have failed in its obligations under these GTC, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill its obligations as soon as possible after cessation of the case of force majeure on the other hand.

     

     

 

Updating the general terms and conditions of sale

These general terms and conditions of sale may be modified at any time on the Company’s initiative. Any modification of the present general terms and conditions of sale as well as the documents which are referred to will be communicated to the User during their first use of the Site after this modification.

Entirety

The provisions in these general terms and conditions of sale constitute the entirety of the agreement reached between the Users and the Company. They shall be deemed superior to any proposal, exchange of letters occurring before and after the conclusion of the present general terms and conditions of sale, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the general terms and conditions of sale, except amendment duly signed by the representatives of the two parties.

Invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a decision made final from a competent jurisdiction, the other provisions of these general terms and conditions of sale will maintain all their strength and scope.

If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.

Title

In the event of any difficulty of interpretation between the title of any article and any of the clauses, the titles will be deemed unwritten.

Jurisdiction - applicable law

Any difficulty arising from the interpretation and / or execution of this document will be subject to the assessment of the competent Courts of Paris, which shall expressly have jurisdiction, the only applicable laws being the French laws.