Terms and conditions of sales

PRELIMINARY ARTICLE

These General Terms and Conditions of sales are those of ST LUXURY, a simplified joint stock company with a share capital of 33 335€, having its headquarters at 32 Rue du Bolé, 31 670, Labège, registered in the register of commerce and companies of Toulouse under number B 899 689 772. Its Siret number is 89968977200015 and its intra-community VAT number is FR96899689772.

ARTICLE 1 : SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

ST LUXURY items are exclusively intended to be sold to final customers who are natural or legal persons, acting for strictly personal purposes and not for any commercial activity, to the exclusion of any resellers of intermediaries acting in the name and on behalf of resellers.

Any order of products, appearing on the website implies the prior consultation of the present general sales conditions (« GTC ») and their unreserved, and irrevocable acceptance. These terms and conditions of sales, can be viewed before and when you are asked to confirm your acceptance. To confirm your acceptance, you will need to check the box « I accept the General Terms and Conditions of Sales, and consent to the processing of my data in accordance with the ST LUXURY Privacy Policy. » You can consult ST LUXURY’s Privacy Policy at any time by clicking on the link entitled « Personal Data ». 

The customer declares to have the capacity to conclude the present contract, and to have the legal majority, eighteen (18) years old, and not to be under tutor. The parties accept that their relationship will be exclusively governed by the present GTC.

ST LUXURY reserves the right to adapt or modify these GTC at any time. It is agreed that in case of modification, the version of the GTC applicable to any order, is the one appearing online, on the website, when the order is executed.

The present GTC are applicable to any order made on the website concerning the purchase of products presented on the website. 

ARTICLE 2 : PRODUCT INFORMATION

The information relating to the products proposed by ST LUXURY are available on the website.

The date of disponibility of the products ordered will be expressly indicated on the product card. In case of modification of the disponibility, you will be immediately informed by email and/ or on your customer account.

In the eventuality of an unvailability of products after the placement of your order, we will inform you by e-mail, or by phone as soon as possible, by proposing you either to order another product presented on the website, or to cancel your order.

ST LUXURY shall not be held liable in case of stock shortage or unvailability of products.

The pictures, graphics and descriptions of the products offered for sale have only an indicative value, and do not engage ST LUXURY.

Despites of all the effort which are made for presenting the ST LUXURY’ products accurately some variations may occur. Particularly the colors, fabric, grain and texture of the product displayed on your sreen may differ from those of the physical product, in particular due to the technical limitations of colors rendering on your computer equipment. Consequently, ST LUXURY cannot be held responsible for any non-substantial errors or inaccuracies in the pictures or graphic representations of the products on the website.

We reserve the right, at our discretion to limit the quantities of products that may be purchased by a customer or domestic, per order, in accordance with the applicable provisions and in particular those of the Article L. 121-11 of the consumer code. 

We reserve the right to change at any time, and without notice, the products offered on the website.

ARTICLE 3 : INFORMATION ON ORDERS (TERMS, PROCEDURES, REFUSAL)

If you have any questions about the products and your oders, you can contact our customer service department (« Customer Service »), by clicking on the link « Contact us ».

3.1. Product selection

You can add some products to your selection at any time by clickling on « Add to shopping basket ».

You can consult your selection by clickling on « shopping basket », and modify, delete a product initially selected, or modify the quantities.

3.2. Customer identification

After selecting your products, click on "Order" to start the pre-order process.

A customer account will be required to place the Order : 

  • If you already have a customer account, you will only need to identify yourself at this step, by entering your password. 
  • If you do not have a customer account, you can create one by entering your name, home address, e-mail address and telephone number. Registration will be effective once confirmed, with a confirmation e-mail from ST LUXURY.

Your login and password are strictly personal. Therefore, you agree to keep them safe and never disclose them to third parties. In the event of loss, theft or fraudulent use of your customer account, you undertake to notify ST LUXURY immediately.

The creation of an account allows you to :

  • Follow your deliveries and consult your order history;
  • Add or modify your delivery and billing addresses for your upcoming orders;

Except in the case of proof to the contrary, provided by the Customer, the data recorded by the Website constitutes proof of the nature, content and date of all transactions between ST LUXURY and its Customers. In the event of a dispute between ST LUXURY and one of its Customers concerning a transaction carried out on the Website, the data recorded by ST LUXURY shall be considered as valid proof of the content of the transaction, unless the Customer provides proof to the contrary. 

ST LUXURY shall not be liable for any damages, direct or indirect, caused by fraudulent access to your account or to the Website or by the inability to access it.

You can deactivate your account at any time by sending an e-mail to our Customer Service.

3.3 Order validation

In order to validate your Order and to launch the manufacturing of your product, you will have on the one hand, to validate your mode of delivery, and on the other hand,to complete the information of delivery necessary to the good expedition of your order: electronic mail, name and first name, address, postal code, city, telephone number,mode of delivery, country of expedition, address of invoicing.

Make sure the information are correct, and to continue and finalize your purchase, click on "continue".

You can use your delivery address also as your billing address, or enter another one.

Then, you must agree to all of these terms and conditions of sale and use, and the privacy policy of the Website, and click on the "Pay" button. By clicking on this button,you are placing a binding order for all the Products selected in your shopping basket.

Once completed, your order is sent to ST LUXURY for processing. The sales contract will be established once we have received your order. Then, we will be able to proceed to the manufacture of your Product(s) under the condition of the reception of the payment of the Product(s).

ST LUXURY reserves the right to refuse an order from a customer with whom the company is in dispute over a previous order, or if ST LUXURY reasonably believes that the customer has transgressed the General Terms and Conditions or is engaged in fraudulent activity, or for any other legitimate reason.

3.4 Recap and proof of order

Once your order placed, a summary of the order as well as your receipt will be sent to you by e-mail. This summary will mention the total amount of the order, the information relating to the cost and the estimated delivery time, the essential characteristics, the quantity, and the price of the Products.

Once your product is ready for delivery, you will receive an email informing you that your order has been sent.

If you have not received our e-mails, we advise you to check your "Spam" folder.

In general, it is expressly agreed between ST LUXURY and the Customer that e-mails shall constitute proof between the parties.

Furthermore, in application of the French Consumer Code article L.213-1, when an order is placed for an amount equal or superior to one hundred and twenty (120) euros, ST LUXURY keeps the written document attesting to the contract concluded between ST LUXURY and its Customer for a period of ten (10) years. You have the right to access this document at any time, upon request to the customer service department with proof of your identity.

Nevertheless, we advise you to keep the recap of your Order that you received by email.

3.5 Invoice

Your invoice will be sent to you by ST LUXURY in the order summary email. You can also download your electronic invoices by logging into your customer account and going to "Your orders". 

ARTICLE 4 : PRICES AND PAYMENT METHODS

4.1. Prices

The prices of our Products are indicated in euros, dollars (USD) (according to your fiscal residence), including all taxes, and delivery charge. 

All orders must be paid in euros, or dollars (USD) and be settled at the moment of placing your order.

Moreover, although our site operates on a pre-order system for only few products (indicate on the website), the sums paid in advance by the Customer do not constitute a deposit, according to the article 1590 of the Civil Code.

Despite our reasonable efforts to ensure the accuracy of the price of our Products, it is possible that an error may occur, and our Products are not properlypriced. Therefore, we may, at our discretion, cancel the order or terminate the contract, notify you, and ask you if you wish to purchase the Product at its real price.

We reserve the right to change the prices of the Products at any time, without notice. However, such changes will not apply to Products for which you have already received an order confirmation.

4.2. Terms of payment

Payment by credit or debit card.

The payment of your purchases can be made by credit card or debit card. Are accepted the cards of the network " CB ", Visa©, MasterCard©, American Express©.Payments by credit card are authenticated and secured thanks to the 3D Secure system. This device is also known as « Verified by Visa® », «MasterCard® SecureCode » or « American Express SafeKey® ». During payment, this device allows the bank to verify the identity of the cardholder and to validate thetransaction.

How to pay with 3D Secure on the ST LUXURY Website?

After validation of your bank details (card number, expiration date and cryptogram), a new page will be displayed on which you will have to enter the personal information requested by your bank. This information can be :

  • A code sent by SMS
  • A second connection to your bank via a code to insert
  • Your date of birth

· Etc…

The authentication method is specific to each bank. For any question concerning your 3D Secure code, we invite you to contact your bank directly.

Once the 3D Secure code is entered and validated by your bank, your order is finalized. You will receive a confirmation by email.

L’expédition de votre commande ne peut avoir lieu qu’après la validation de votre mode de paiement. 

Payment by Apple pay

ST LUXURY accepts payments realized with Apple Pay. This payment method is available for Apple branded devices.

If you wish to use this payment method, you simply need to choose the "Apple Pay" payment option. We invite you to verify that the information linked to your Apple account are not erroneous, especially concerning the delivery address, before confirming your payment. ST LUXURY will not be liable for any refund of the product if the information provided on your Apple account are incorrect. Then, you will have to confirm your order with the Touch ID feature or by entering your Apple account ID andpassword. After confirming your order with Apple Pay, you will be redirected to the confirmation page of the ST LUXURY website.

ARTICLE 5 : TITLE RETENTION

ST LUXURY remains the owner of the Products until you take physical possession of them at the delivery address indicated during your order.

The property of the Products, as well as the risk of loss, damage and destruction of the Products are transferred to you, on the date you take physical possession of them.

ARTICLE 6 : DELIVERY

6.1. Delivery area

For security reasons, ST LUXURY will not process any order for which a poste restante, post office box is provided. 

Your Order will be deliver to the address you provided during the Order process. ST LUXURY is not responsible for any difficulties caused by incomplete or erroneous information regarding your address.

When the Products ordered are gifts, you can also have them delivered to another natural person.

We reserve the right to request a signature and valid identification upon delivery (e.g. passport or driver's license).

6.2. Delivery time and terms

Due to the customised nature of the Products, the delivery of the products is subject to specific deadlines that will be communicated to you once the order is placed.

In fact, when you place your order, we will give you a provisional delivery time, which may be extended in case of exceptional circumstances. When your product is ready for delivery, you will receive an e-mail informing you that your order has been sent.

In the event of a delay in delivery of the Products, you will be contacted as soon as possible. ST LUXURY will make every effort to minimize the delay. 

ST LUXURY shall not be held liable in the case of non-respect of deadlines (late delivery, impossibility of delivery, return of Products, etc.) resulting from the erroneous and/or incomplete nature of the information provided by the Customer for the purpose of delivery and/or the Customer's absence at the time of delivery. 

ARTICLE 7 : RIGHT TO CANCEL

7.1. Exclusion of the right to cancel

In accordance with the provisions of the articles L.221-18 and following of the Code of consumption, as a Customer, you have in principle, the possibility of exercising your right of retractation within fourteen (14) days as from the reception of the good, without having to justify your decision.

However, in accordance with the article L.221-28 of the French Consumer Code, the Customer's right of retraction cannot be applied to contracts for the supply of goods made according to the Customer's specifications, or clearly personalised. Consequently, as ST LUXURY's Products are all personalised, you cannot benefit from the right of retraction.

7.2 Consequences of exclusion

You cannot therefore request an exchange or refund of the Product(s) purchased when exercising your right of withdrawal.

ARTICLE 8 : GARANTIES

8.1. Legal guarantee

The Products sold by ST LUXURY are subject to the legal conditions of guarantees, with on the one hand, the guarantee of conformity provided in the articles L.217-4 toL.217-20 of the Code of consumption, and on the other hand, the guarantee of the hidden defects, envisaged in the articles 1641 to 1648 of the Civil code.

• The legal guarantee of conformity

ST LUXURY undertakes to deliver a Product in conformity with the contract and free from any defects upon delivery of said Product, in that the Product will be as described, of satisfactory quality. Otherwise, we shall be liable for any lack of conformity existing at the time of delivery. ST LUXURY shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to ST LUXURY by the contract or has been performed under its responsibility.

In accordance with the legal provisions, this guarantee will only come into play if you request it within one (1) year of delivery of the goods.

Defects of conformity that appear within twelve (12) months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

You may choose between repairing or replacing your Product, unless one of these choices would result in a manifestly disproportionate cost to ST LUXURY.

The repair, replacement or refund of the Product will be free of charge for the Costumer.

  • Guarantee against hidden defects

ST LUXURY guarantees to deliver a Product free of hidden defects, which would render it unfit for the use for which it was legitimately intended, or which would sodiminish this use that, had you known about it, you would not have acquired it, or would have acquired it at a lower price.

This guarantee only applies if you make a claim within one (1) year of the discovery of the defect.

In all cases, the proof of satisfaction of the implementation of this guarantee falls to you.

In case of lack of conformity and hidden defects you must return the Products to us by contacting our Customer Service. 

ARTICLE 9 : RETURN OF PERSONALISED ITEMS

Due to their personalised nature, the ST LUXURY items cannot be refunded or exchanged.

However, the customer benefits from the guarantees provided by the Article 8 of these GTC.

ARTICLE 10 : AFTER SALES-SERVICES – CONTACT

All our technically repairable Products can be the object of an after-sales service. For any repair, please contact our Customer Service.

In accordance with the article L.111-4 of the French Consumer Code, ST LUXURY confirms to its Customers that no period of availability of detached pieces, essential to the use of the Products is guaranteed.

Nevertheless, ST LUXURY will do its utmost to satisfy its Customers in the event of a request for one or more detached pieces.

ARTICLE 11 : AUTHENTICITY GUARANTEE - INTELLECTUAL PROPERTY

11.1 Authenticity guarantee

ST LUXURY guarantees the authenticity of all Products sold on its Website, or sold by a ST LUXURY retail representative.

11.2. Intellectual property

ST LUXURY's trademarks, whether figurative or not, and more generally all other trademarks, trade names, illustrations, pictures, images and logos used on ST LUXURY's Products, and accompanying accessories and/or packaging, whether registered or not, are protected by applicable copyright, trademark or other intellectual property laws throughout the world, and remain the exclusive property of ST LUXURY.

Any total or partial reproduction, modification or use of these elements, for any reason whatsoever, without the express prior consent of ST LUXURY, is strictly forbidden.

ARTICLE 12 : LIMITATION OF LIABILITY

Under no circumstances shall ST LUXURY be held liable for any damage that does not result from ST LUXURY's failure to comply with one of its obligations.

ARTICLE 13 : ALTERNATIVE DISPUTE RESOLUTION – APPLICABLE LAW

The present General Conditions of Sale are governed and interpreted in accordance with the French law.

In the case of a dispute relating to the application of these General Terms and Conditions of Sale, or of a difficulty arising in connection with the order or delivery of the Products, you have the possibility, before any legal proceedings are taken, of seeking an amicable solution with ST LUXURY, by resorting to an alternative method of dispute resolution. In accordance with the order n°2015-1033 of August 20, 2015 and the application decree n°2015-1382 of October 30, 2015, any dispute or litigation known as consumer dispute, subject to the article L612-2 of the Consumer Code, can be the subject of a mediation or any other amicable settlement by mediation withthe CMAP - Centre de Médiation et d'Arbitrage de Paris.

To submit a dispute to the mediator, the customer can (i) fill in the form on the CMAP website: www.cmap.fr tab "you are: a consumer" (ii) send his request by simple orregistered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Whatever the meansused to refer the matter to CMAP, your request must contain the following elements in order to be processed rapidly: your postal and telephone details, e-mail, as well asthe full name and address of the company ST LUXURY, a brief statement of the facts, and proof of the prior steps taken with ST LUXURY prior to referring the matter toCMAP.

You are free to accept or refuse the recourse to mediation, and each party is entitled to accept or refuse the solution proposed by the mediator. In the absence of anamicable solution, disputes may be submitted to the competent court in accordance with the rules of the Code of Civil Procedure and the Consumer Code. Therefore,you may choose to bring an action before the court of the place of the place of residence of ST LUXURY.

In addition, the European Commission provides a platform for online dispute resolution (ODR) in the context of online sales or service contracts between a consumerresiding in the European Union and a professional established in the European Union.

This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/.nb

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