General Terms and Conditions of Sale (GTC)

Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the ‘General Terms and Conditions of Sale’, or ‘GTC’) apply exclusively to the online sale of products offered by the Operator on the website.

The GTC are made available to clients on the Site, where they can be consulted directly, and may also be sent to them upon request by any means.

The GTC are binding on the Client, who acknowledges, by ticking a box or clicking the button provided for this purpose, that they have read and accepted them before placing an order. Validation of the order through its confirmation constitutes the buyer’s acceptance of the GTC in force on the date of the order, which the Operator shall retain and reproduce.

Article 2 – PRODUCT DESCRIPTION

The Site is an online retailer of luxury ready-to-wear (hereinafter the “Product(s)”), open to any individual or legal entity using the Site (the “Client”).

Each Product presented on the Site has a description setting out its essential characteristics. Any photographs illustrating the products are not contractually binding. Where Product instructions are essential, they are provided on the Site or sent no later than upon delivery. The Products comply with the requirements of current French law.

The Client remains responsible for the means and consequences of accessing the Site, particularly via the Internet. Such access may involve paying fees to technical service providers, including Internet service providers, which shall remain the Client’s responsibility. The Client must also provide, and shall be entirely responsible for, the equipment required to connect to the Site.

The Client acknowledges having checked that the computer system they use is secure and in working order.

Article 3 – CREATING A CLIENT ACCOUNT

To place an order on the Site, the Client may first create a personal client account. Once it has been created, the Client must log in using their personal, secret and confidential username and password. The Client must not disclose their username or password, in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Client undertakes to keep strictly confidential the data, particularly the username and password, enabling access to their client account, and acknowledges that they alone are responsible for access to the Service using their username and password, except in the event of proven fraud. Each Client also undertakes to inform the Operator immediately in the event that their username and/or password is lost, misappropriated or used fraudulently.

After creating a personal client area, the Client will receive an email confirming that it has been created.

When registering, the Client undertakes to:

provide true, accurate and current information when entering it in the service registration form and, in particular, refrain from using false names or addresses, or names or addresses without authorisation.

keep registration details up to date so that they remain genuine, accurate and current at all times.

The Client also undertakes not to make available or distribute unlawful or objectionable information (such as defamatory information or content constituting identity theft) or harmful material (such as viruses). Otherwise, the Operator may suspend or terminate the Client’s access to the Site entirely at the Client’s fault.

Article 4 – ORDERS

The Operator endeavours to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator’s best efforts, a Product becomes unavailable after the Client places an order, the Operator will inform the Client by email as soon as possible, and the Client may choose between:

delivery of a Product of equivalent quality and price to the one originally ordered; or

a refund of the price of the Product ordered no later than thirty (30) days after payment of the sums already paid.

It is agreed that, apart from refunding the price of the unavailable Product should the Client request this option, the Operator is not liable for any cancellation compensation unless the failure to perform the contract is personally attributable to the Operator.

Unless otherwise stated in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for under applicable law, the Client’s orders are firm and final.

When placing an order, the Client must select the chosen Products and add them to the basket, indicating the selected Products and desired quantities. The Client may review the details of the order and its total price, and return to previous pages to correct the contents of the basket if necessary, before confirming it.

The Client undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the procedures and any charges for delivery and withdrawal before paying for the order. Confirmation of the order entails acceptance of the GTCS and forms the contract.

A copy of these General Terms and Conditions as accepted by the Client will be sent to the Client by email when the Order is confirmed, so that the Client may refer to it.

Contractual information relating to the order (including the order number) will be confirmed by email in due course and no later than upon delivery. The Operator strongly recommends that the Client print and/or archive this order confirmation on a reliable, durable medium as evidence. A digital invoice is made available to the Client in the “my account” area. The Operator also recommends that the Client print and/or archive this invoice on a reliable, durable medium as evidence.

Any email sent to the Client in connection with an order will be sent to the email address the Client uses to log in to their client account.

The Operator reserves the right not to approve the Client’s order for any legitimate reason, particularly where:

The Client fails to comply with the General Terms and Conditions in force when placing the order;

The Client’s order history shows that amounts remain outstanding in respect of previous orders;

One of the Client’s previous orders is the subject of an ongoing dispute;

The Client failed to respond to a request from the Operator to confirm their order.

The Operator archives contracts for the sale of Products in accordance with applicable law. Upon receiving a request at contact@cassandralemaistre.fr, the Operator will provide the Client with a copy of the contract covered by the request.

Any amendment to the order by the Client after confirmation is subject to the Operator’s consent.

The information provided by the Client when placing the order (including name and delivery address) is binding on the Client. Accordingly, the Operator cannot under any circumstances be held liable if an error made when placing the order prevents or delays delivery or hand-over.

The Client declares that they have full legal capacity to enter into these General Terms and Conditions.

Registration is open to adults with legal capacity and to minors provided they act under the supervision of the parent or guardian who holds parental authority. Under no circumstances is registration permitted on behalf of third parties unless duly authorised to represent them (a legal entity, for example). Registration is strictly personal to each Client.

If the Client breaches any provision hereof, the Operator reserves the right to terminate the Client’s account without notice.

Article 5 – PAYMENT METHODS AND SECURITY

The Client expressly acknowledges that every order placed on the Site carries an obligation to pay, requiring payment of a price in exchange for the supply of the Product ordered.

In all circumstances, the Operator reserves the right to verify the validity of payment by any necessary means before dispatching the order.

The Operator uses the Stripe online-payment solution

Orders may be paid for using one of the following payment methods:

Payment by bank card. Payment is made directly through the secure banking servers of the Operator’s bank; the Client’s bank details do not pass through the Site. Bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. These details are therefore inaccessible to third parties.

Payment by instalments is also available.

The corresponding amount will be debited from the Client’s account only once (i) the details of the bank card used have been verified and (ii) the debit has been authorised by the bank that issued the card.

If the sums due cannot be debited, the sale will be immediately void.

A bank card may be declined, in particular, if it has expired, if it has reached the maximum spending limit available to the Client or if the information entered is incorrect.

Payment by electronic wallet (such as PayPal). The Client already has an account with the electronic-wallet service used by the Operator. The Client may use this account and pay for the order securely without providing bank details.

Where applicable, the order confirmed by the Client will be deemed effective only once the secure bank payment centre has approved the transaction.

As part of its verification procedures, the Operator may ask the Client for any documents required to complete the order. These documents will not be used for any other purpose.

Article 6 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is stated in euros, inclusive of all taxes (VAT included) but excluding delivery and transport charges. In the event of a promotion, the Operator undertakes to apply the promotional price to every order placed during the advertised promotional period.

The price is payable exclusively in euros (€). The price is payable in full after order confirmation. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transport charges apply, they will be added to the price of the Products and itemised separately before the Client confirms the order. The total amount due by the Client and its breakdown are shown on the order-confirmation page.

Article 7 – FORMATION OF THE CONTRACT

The contract between the Operator and the Client is formed when the Client sends confirmation of their order.

The Client’s attention is drawn in particular to the method for accepting an order placed on the Site. When the Client places an order, the Client must confirm it using the “double-click” process: after selecting Products and adding them to the basket, the Client must review and, where necessary, correct the contents of the basket (identification, quantity of products selected, price, delivery methods and charges) before confirming it by clicking “confirm my delivery”; the Client then acknowledges acceptance of these General Terms and Conditions of Sale before clicking the “pay” button; finally, the Client confirms the order after entering their bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes the Client’s irrevocable and unconditional acceptance of the order.

Communications, purchase orders and invoices are archived by the Operator on a reliable, durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as evidence of the contract. Unless proven otherwise, data recorded by the Operator online or by telephone constitutes evidence of all transactions entered into between the Operator and its Clients.

The Client may cancel the order by registered letter with acknowledgement of receipt or by a written statement on another durable medium in the event of:

delivery of a Product that does not conform to the Product’s stated characteristics;

delivery later than the deadline stated in the purchase order or, where no such date is stated, after thirty (60) days following conclusion of the contract, after the Operator has been instructed, in the same manner and without result, to make delivery within a reasonable additional period;

a price increase not justified by a technical modification to the product imposed by the public authorities.

In all such cases, the Client may demand reimbursement of the deposit paid, increased by interest calculated at the statutory rate from the date the deposit was collected.

The order may be cancelled by the Operator in the event of:

the buyer’s refusal to take delivery;

non-payment of the price (or the balance of the price) upon delivery.

Article 8 – RETENTION OF TITLE

The Operator retains sole ownership of the Products ordered on the Site until the full price, including any shipping charges, has been received.

Article 9 – DISPATCH AND DELIVERY

The online offers for sale presented on the Site are reserved for consumers residing in France or, where applicable, in a Member State of the European Union or a country outside the European Union, and for deliveries within those same geographical areas.

Delivery means transferring physical possession or control of the Product to the Client.

The Operator offers different delivery or handover methods depending on the nature of the product: Colissimo, Chronopost or any other service that can best meet the requirement.

Shipping costs are those specified when the order is finalised and are accepted when the order is confirmed.

In accordance with the delivery deadline shown on the Site for each Product, the Operator undertakes to deliver the Products within a maximum of sixty (60) days after receipt of the order.

The Operator undertakes to dispatch the Products within the time frames stated on each Product page and in the basket, provided that payment for the order has not previously been declined.

However, if one or more Products cannot be delivered within the period initially stated, the Operator will send the Client an email indicating the new delivery date.

The Products will be delivered to the address provided by the Client when placing the order. The Client must therefore check that this address contains no errors. The Operator may not be held liable if the address provided by the Client is incorrect, thereby preventing or delaying delivery.

Upon delivery, the Client may be asked to sign a delivery receipt.

Upon delivery, the Client must verify that the Products delivered conform to their order and that the parcel is sealed and undamaged. If this is not the case, the Client must state this on the delivery note. No claim relating to the quantity or condition of the Product will be accepted unless it was recorded on the delivery note.

In accordance with the law, customs duties may be applied when your parcel is received, based on the applicable tariff schedule.

Article 10 – RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Client, the Client may return it to the Operator for an exchange or refund. The Client will have fourteen (14) days to do so from the date the order is received.

In accordance with Article L.221-21 of the French Consumer Code, and to exercise this right of withdrawal under the conditions set out in Articles L. 221-18 et seq. of the French Consumer Code, the Client is invited to send an email to the following address: contact@cassandralemaistre.fr

The Operator will send acknowledgement of receipt of the Client’s withdrawal request by email.

Where applicable, the Client may exercise their right of withdrawal by providing the following information to the Operator:

name, geographical address, telephone number and email address;

decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or email, provided those contact details are available and therefore appear on the model withdrawal form). The Client may use the model withdrawal form, but is not required to do so.

Return costs are payable by the Client, unless the item cannot normally be returned by post, in which case the Operator will collect the Product at its own expense, or unless otherwise expressly offered by the Site.

The exceptions under Article L.221-28 of the French Consumer Code apply and preclude the exercise of the right of withdrawal, particularly where the order consists of a contract:

the provision of services fully performed before the end of the withdrawal period, where performance began following the consumer’s prior express agreement and express waiver of their right of withdrawal;

the supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control and liable to occur during the withdrawal period;

the supply of goods made to the consumer’s specifications or clearly personalised;

the supply of goods liable to deteriorate or expire rapidly;

the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;

the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value, agreed when the contract was entered into, depends on market fluctuations beyond the trader’s control;

urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by the consumer, limited to replacement parts and work strictly necessary to address the emergency;

the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;

the supply of a newspaper, periodical or magazine, except subscription contracts for such publications;

concluded at a public auction;

the provision of accommodation services other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specified date or during a specified period;

the supply of digital content not provided on a tangible medium, where performance has begun after the consumer’s express prior consent and express waiver of the right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and accompanied by all accessories, where applicable.

In addition to the returned Product, the return parcel must also contain a letter stating the Client’s complete and accurate contact details (surname, first name and address), together with the order number and original purchase invoice.

The Operator will refund the Client for the Product within fourteen (14) days of receiving the Product and all information required to process the Client’s refund. This refund may be made using the same payment method used by the Client. In this respect, a Client who paid for their order with credit notes / gift vouchers may, at the Operator’s discretion, be refunded in credit notes / gift vouchers.

By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal procedure.

Article 11 – CUSTOMER SERVICE

The Client may contact the Operator:

on the following number +33 7 49 28 43 33during the following opening days and hours: Monday to Saturday, 9h00 to 17h00 (Guadeloupe time).

by email to contact@cassandralemaistre.fr, stating their name, telephone number, the subject of their request and the relevant order number.

Article 12 – INTELLECTUAL PROPERTY AND SITE LICENCE

The Operator is the sole owner of all elements present on the Site, including, without limitation, all texts, files, animated or static images, photographs, videos, logos, drawings, designs, software, trade marks, visual identity, database, Site structure and all other intellectual-property elements and other data or information (hereinafter the ‘Elements’), which are protected by French and international laws and regulations, particularly those relating to intellectual property.

Consequently, no Site Element may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, displayed, stored, used, hired out or otherwise exploited, in whole or in part, whether free of charge or for consideration, by a Client or a third party, by any means and/or on any medium, whether currently known or unknown, without the Operator’s prior express written authorisation in each instance; the Client is solely responsible for any unauthorised use and/or exploitation.

ARTICLE 13 – LIABILITY AND WARRANTY

The Operator cannot be held liable for failure to perform the contract as a result of the Client’s actions, an event deemed force majeure by the competent courts, or the unforeseeable and unavoidable act of any third party to these terms.

The Client acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions over the Internet to be guaranteed. Accordingly, the Operator does not warrant that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.

The Operator may not be held liable for any use of the Site and its services by Clients in breach of these General Terms and Conditions, or for any direct or indirect loss that such use may cause to a Client or third party. In particular, the Operator may not be held liable for false statements made by a Client or for a Client’s conduct towards third parties. Should the Operator be held liable as a result of such conduct by one of its Clients, that Client undertakes to indemnify the Operator against any judgment entered against it and to reimburse the Operator for all expenses, including lawyers’ fees, incurred in its defence.

Irrespective of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the statutory conformity warranty provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular Articles L. 217-4 to L. 217-14 of the French Consumer Code) and the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

When acting under the statutory conformity warranty:

you have a period of two (2) years from delivery of the goods in which to take action:

you may choose between repair and replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;

during the twenty-four (24) months following delivery, you are not required to prove that the lack of conformity existed at the time of delivery (except for second-hand goods).

You may choose to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, you may choose either to rescind the sale or to obtain a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.

Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, Articles 1641 and 1644 and the first paragraph of Article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:

Article L.217-4 of the French Consumer Code:

“The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

Art. L.217-5 of the French Consumer Code:

“The goods conform to the contract if:

1. If it is fit for the use normally expected of similar goods and, where applicable:

– if it matches the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, manufacturer or representative, particularly in advertising or labelling;

2. Or if it has the characteristics agreed by the parties or is suitable for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.”

Article L.217-7 of the French Consumer Code:

“Any lack of conformity that becomes apparent within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

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

The seller may rebut this presumption if it is incompatible with the nature of the goods or the lack of conformity invoked.’

Art. L.217-9 of the French Consumer Code:

‘In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may decline the buyer’s choice if it entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller must then proceed, unless impossible, using the option not chosen by the buyer.’

Article L.217-12 of the French Consumer Code:

‘Any action arising from a lack of conformity shall be time-barred two years after delivery of the goods.’

Article 1641 of the French Civil Code:

“The seller is bound by the warranty in respect of hidden defects in the item sold that render it unfit for its intended use, or that impair such use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had the buyer known of them.”

Art. 1644 of the French Civil Code:

“In the circumstances provided for in Articles 1641 and 1643, the buyer may choose either to return the item and have the price refunded, or to retain the item and have part of the price refunded.”

Art. 1648, paragraph 1, of the French Civil Code:

“An action resulting from redhibitory defects must be brought by the purchaser within two years of discovering the defect.”

It is reiterated that seeking an amicable solution before any legal proceedings does not suspend the limitation periods for statutory warranties or the duration of any contractual warranty.

ARTICLE 14 – PERSONAL DATA

For further information on the Operator’s use of personal data, please read the Privacy Charter (the “Privacy Policy”) carefully. You may consult this Charter on the Site at any time.

Article 15 – HYPERLINKS

Hyperlinks available on the Site may lead to third-party websites not published by the Operator. They are provided solely for the Client’s convenience, to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Site and agree to use third-party websites at their own risk or, where applicable, in accordance with the terms governing them.

The Client acknowledges that the Operator neither controls nor contributes in any way to the preparation of the terms of use and/or content applying to or appearing on these third-party sites.

Consequently, the Operator may not be held liable in any way for these hypertext links.

Furthermore, the Client acknowledges that the Operator cannot endorse, guarantee or assume responsibility for all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hyperlinks and/or banner advertisements leading to third-party websites not published by the Operator.

The Operator invites the Client to report any hypertext link on the Site that provides access to a third-party site offering content contrary to law and/or accepted standards of decency.

The Client may not use and/or insert a hyperlink to the Site without the Operator’s prior written consent in each individual case.

ARTICLE 16 – REFERENCES

The Client authorises the Operator to mention the Client’s name and logo as a reference in its communication materials (brochures, website, commercial proposals, press relations, press releases, press kits, internal communications, etc.).

ARTICLE 17 – GENERAL PROVISIONS

ENTIRE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the Company’s and the Operator’s rights and obligations relating to their subject matter. Should one or more provisions of these General Terms and Conditions be declared void pursuant to a law or regulation or following a final ruling by a court of competent jurisdiction, the remaining provisions shall retain their full force and effect. Furthermore, the failure of either party to these General Terms and Conditions to invoke a breach by the other party of any provision herein shall not be interpreted as a waiver of its right to invoke such a breach in the future.

AMENDMENTS TO THE TERMS

The Operator reserves the right to amend the content of the Site or the services available on it at any time and without notice, and/or to cease operating all or part of the Site temporarily or permanently.

Furthermore, the Operator reserves the right to change the Site’s Internet location and these General Terms and Conditions at any time and without notice. The Client must therefore consult these General Terms and Conditions before each use of the Site.

The Client acknowledges that the Operator cannot be held liable in any way to the Client or any third party as a result of such amendments, suspensions or discontinuations.

The Operator recommends that the Client save and/or print these General Terms and Conditions for safe, durable retention, so that they may be referred to at any time during performance of the contract if necessary.

COMPLAINTS – MEDIATION

In the event of a dispute, you must first contact the company’s customer service team at the following address: MAISON CASSANDRA LE MAISTRE 36 rue de La Chapelle 97122 BAIE-MAHAULT

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

CLIENT’S ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The Client acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Client confirms having read and accepted the General Terms and Conditions and thereby becomes contractually bound by their provisions.

The General Terms and Conditions applicable to the Client are those available on the date of the order, a copy bearing that date being available to the Client upon request. It is therefore specified that any amendment to the General Terms and Conditions made by the Operator will not apply to an order placed previously, unless expressly agreed by the Client who placed the order concerned.